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HomeMy WebLinkAboutAgenda Packet City Council - 05/08/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday, May 8, 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 Prophet Margarita Martinez - Martinez, Waves of Glory Apostolic Church. C. Pledge of Allegiance to the Flag of the United States to be led by Captain Patrick McMenamy, Corpus Christi Police Department -Animal Care Services. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Swearing-In Ceremony for New District 1 Council Member to be conducted by The Honorable Gail Loeb, Presiding Judge, Municipal Court, City of Corpus Christi, Texas. F. Proclamations / Commendations 1. 18-0550 Proclamation declaring May 2018, "Better Hearing and Speech Month". Proclamation declaring May 2018, "Elder Abuse Prevention Month". Proclamation declaring May 6-12, 2018, "Drinking Water Week". City of Corpus Christi Page 1 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Proclamation declaring May 12, 2018, "Lemonade Day - Coastal Bend". Proclamation declaring May 14, 2018, "National Peace Officers' Memorial Day" and May 13-19, 2018, "National Police Officers' Week". G. MAYORAL APPOINTMENTS: 2. 18-0543 City Council Committee Assignment Attachments: Agenda Memo- Mayoral Appointment H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE b. 18-0514 CITY PERFORMANCE REPORT- MARINA Attachments: Agenda Memo-CPR Marina C. STRATEGIC FUTURE ISSUES d. OTHER I. MINUTES: 3. 18-0548 Regular Meeting of April 24, 2018 and Special Meeting of May 1, 2018. Attachments: Minutes-April 24, 2018 Minutes- May 1, 2018 (Special) J. BOARD &COMMITTEE APPOINTMENTS: 4. 18-0544 Animal Care Advisory Committee Building Code Board of Appeals North Padre Island Development Corporation Planning Commission Reinvestment Zone No. 2 Reinvestment Zone No. 3 Attachments: Animal Care Advisory Committee Building Code Board of Appeals Noth Padre Island Development Corporation Planning Commission Reinvestment Zone No. 2 Reinvestment Zone No. 3 K. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Paye 2 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 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. L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA 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. M. CONSENT AGENDA: (ITEMS 5 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 18-0297 Resolution for Service Agreement for Emergency Removal, City of Corpus Christi Page 3 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Installation, and Repair of Equipment for Police Vehicles Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. Attachments: Agenda Memo- Install-Removal of Emergency Equipment Price Sheet- Install-Removal of Emergency Equipment Resolution -Install-Removal of Emergency Equipment Service Agreement-Install & Removal of Emergency Equipment 6. 18-0326 Two-Year Lease Agreement for 21 Unmarked Vehicles for Police Department Motion authorizing a two-year lease agreement for 21 unmarked vehicles with Acme Auto Leasing, LLC, North Haven, Connecticut, via Houston-Galveston Area Council, for the total amount not to exceed $272,880. Attachments: Agenda Memo- Lease Vehicles for CCPD Price Sheet- Lease Vehicles for CCPD Service Agreement- Lease Vehicles for CCPD 7. 18-0345 Resolution for Maintenance Agreement and Purchase of Ambulance Stretchers and Power Loaders Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. Attachments: Agenda Memo-Ambulance Stretchers Price Sheet-Ambulance Stretcher Resolution -Ambulance Stretchers Service Agreement-Ambulance Stretchers 8. 18-0411 Two-Year Service Agreement for Generator Service and Repair for Fire Department Motion authorizing a two-year service agreement for generator service and repair with Loftin Equipment Company, Inc. of San Antonio, Texas for an amount not to exceed $38,700, with one one-year option for a total potential multi-year amount of$58,050. Attachments: Agenda Memo-Generator Services-Repair Bid Tab-Generator Repair Service Agreement-Generator Service for CCFD City of Corpus Christi Page 4 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 9. 18-0426 Construction Contract for Community Park Development and Improvements -West Guth Park Project (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC of Corpus Christi, Texas in the amount of$909,407.08 for the Community Park Development and Improvements - West Guth Park project for the base bid plus additive alternates 1 and 2. (Bond 2012, Proposition 4) Attachments: Executive Summary -West Guth Park Construction Contract(18-0426) Item Detail -West Guth Park Construction Contract 08-0426) Project Budget-West Guth Park Improvements.xlsx Location Map-West Guth Park Improvements.pdf Presentation -West Guth Park Improvements 18 0402 Letter of Recommendation -West Guth Park Improvements 10. 18-0437 Agreement for the Purchase of Playground Equipment and Installation for Phase 2 and 3 of the Play for All Playground at Manuel Q. Salinas Park Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment for phase 2 and 3 for the play for all playground at Manuel Q. Salinas Park from ExerPlay Inc. of Cedar Crest, New Mexico, via BuyBoard, for a total amount not to exceed $202,129.15. Attachments: Agenda Memo- Playground Equipment and Install for Phase 2 and 3 at Salinas Price Sheet- Plavground Equip and Install Phase 2 and 3 Salinas Park Service Agreement 58812- Plavground Equip and Install of Phase 2 and 3 at S 11. 18-0401 Purchase of Three John Deere Tractors Motion authorizing the purchase of three John Deere tractors from Ag-Pro of Taft, Texas via BuyBoard, for the total amount not to exceed $57,187.26. Attachments: Agenda Memo-John Deere Tractors Price Sheet-John Deere Tractors 12. 18-0424 Amendment to Professional Services Contract- Strategic Integration (Travel Demand Model) Feasibility Study Motion for authorization to execute Amendment No. 1 to a professional services contract with CDM Smith, of Austin, Texas in the amount of $410,045, for a total restated fee of$459,998, for Strategic Integration (Travel Demand Model) Feasibility Study. Attachments: Executive Summary -Strategic Integration (Travel Demand Model) Feasibility S Item Detail -Strategic Integration (Travel Demand Model)Feasibility Study (184 City of Corpus Christi Page 5 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Project Budget Strategic Integration TDM Location Map Strategic Integration TDM Presentation Strategic Integration TDM Amendment No. 1 -Strategic Integration TDM 13. 18-0405 Purchase of Ten Traffic Signal Control Cabinets for Street Operations Motion authorizing the purchase of ten traffic signal control cabinets from Mobotrex of Davenport, Iowa, via BuyBoard, for the total amount not to exceed $81,500.00. Attachments: Agenda Memo-Traffic Control Cabinets Price Sheet-Traffic Control Cabinets 14. 18-0393 Purchase of Five Wavetronix Radar Detection Systems for Street Operations Motion authorizing the purchase of five Wavetronix radar detection systems from Twincrest Technologies of Fort Worth, Texas via Houston-Galveston Area Council for a total amount not to exceed $91,850.00. Attachments: Agenda Memo-Wavetronix Radar Price Sheet-Wavetronix Radar System 15. 18-0404 Supply Agreement for Crushed Concrete for Solid Waste Operations Motion authorizing a one-year supply agreement with Southern Crushed Concrete of The Woodlands, Texas for crushed concrete for a total amount not to exceed $61,500.00, with a one-year option for a total potential multi-year amount of$123,000.00. Attachments: Agenda Memo-Crushed Concrete for Solid Waste Operations Copt/ of Bid Tabulation -Crushed Concrete for Solid Waste Supply Agreement-Crushed Concrete for Solid Waste 16. 18-0406 Supply Agreement or Non-Shear Flexible Couplings for Utilities Department Motion authorizing a 36-month supply agreement with Ferguson Enterprises, Inc., of Corpus Christi, Texas, for non-shear flexible couplings for a total amount not to exceed $220,321.13. Attachments: Agenda Memo- Non-Shear Flexible Couplings Bid Tabulation - Non-Shear Flexible Couplings Supply Agreement- Non Shear Flexible Couplings 17. 18-0408 Supply Agreement for Calcium Hypochlorite for Various City City of Corpus Christi Page 6 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Departments Motion authorizing a three-year supply agreement with Chemrite, Inc. of Buford, Georgia for calcium hypochlorite for a total amount not to exceed $169,096.20. Attachments: Agenda Memo-Calcium Hypochlorite Bid Tabulation -Calcium Hypochlorite.. Supply Agreement-Calcium Hypochlorite 18. 18-0351 Second Reading Ordinance -Amendments to the London Area Wastewater Master Plan (1st Reading 4/24/18) Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; and providing for severance and publication. Attachments: Agenda Memo WW Master Plan Amdmt London Council Ordinance London Wastewater MP Greenwood Wastewater Service Areas Presentation London WW Master Plan Amdmt Council 19. 18-0446 Second Reading Ordinance -Appropriating and transferring trust funds for Trunk Main Line Extension Construction and Reimbursement Agreement (1st Reading 4/24/18) Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. Attachments: Agenda Memo 4.13.2018 Ordinance -Wastewater Reimbursement Agreement-LondonTowne Reimbursement Agreement with exhibits 4-13-18 Presentation-Braselton Reimbursement Agmt. N. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. O. PUBLIC HEARINGS: P. REGULAR AGENDA: (NONE) City of Corpus Christi Paye 7 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 The following items are motions, resolutions and ordinances that will be considered and voted on individually. Q. FIRST READING ORDINANCES: (ITEMS 20 -25) 20. 18-0552 First Reading Ordinance -Authorization for Issuance of General Improvement Bonds to finance voter-approved Bond 2016 Projects Ordinance authorizing the issuance of"City of Corpus Christi, Texas General Improvement Bonds, Series 2018", in an aggregate principal amount not to exceed $18,350,000; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the letter of representations on file with the depository trust company; and providing an effective date. Attachments: Agenda Memo- Issuance of Bond 2016 General Improvement Bonds 2018 Ordinance 21. 18-0553 First Reading Ordinance -Authorization for Issuance of Certificates of Obligation for Streets and Facilities Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018A" in an amount not to exceed $15,750,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Attachments: Agenda Memo- Issuance of Tax Exempt CO's 2018A Ordinance 22. 18-0554 First Reading Ordinance -Authorization for Issuance of Certificates of Obligation for Solid Waste City of Corpus Christi Page 8 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2018B" in an amount not to exceed $7,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Solid Waste system; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Attachments: Agenda Memo- Issuance of Taxable CO's for Solid Waste 20188 Ordinance 23. 18-0531 First Reading Ordinance - Type A Grant for Nueces County Courthouse Development Partners, LLC("Courthouse") (Council Priority - Economic Development) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Courthouse Development Partners, LLC, to provide a grant of up to $3,000,000, for the creation of jobs and infrastructure construction to enhance economic development; appropriating said funds from the Business/Job Development Fund; and amending the budget. Attachments: Agenda Memo-Courthouse.docx Ordinance -Courthouse.docx Agreement-Courthouse.pdf Project Courthouse economic impact analysis.pdf Courthouse Application.pdf 24. 18-0498 First Reading Ordinance - Land exchange agreement for Rodd Field Road Expansion Project(Bond 2014, Proposition 2) Ordinance approving a land exchange agreement between the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") and the City of Corpus Christi, Texas ("City") which calls for Owners to convey their interest in a 1.2969 acre parcel of land at the intersection of Yorktown Boulevard at Rodd Field Road to the City and for the City to convey and abandon its interest in a 1.939 acre tract known as Airline Extension between Yorktown Boulevard and Rodd Field Road, City of Corpus Christi Paye 9 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 Corpus Christi, Texas. Attachments: Executive Summary - Rodd Field Yorktown Property Exchange (18-0498) Item Detail -Rodd Field Yorktown Property Exchange (18-0498) Ordinance - Rodd Field &Yorktown Agreement- Rood Field &Yorktown.pdf Presentation - Rodd Field &Yorktown - Property Exchange.pptx Location Map- Rodd Field &Yorktown.pdf Vicinity Map- Rodd Field and Yorktown.pdf 25. 18-0422 First Reading Ordinance -Authorizing conveyance of City property to Texas Department of Transportation (TxDOT) Ordinance authorizing conveyance of City property to the Texas Department of Transportation for Parcel 322 (0.2076 acres of Lot 1, Lot 7 and Lot 8, Block 1 of Craven Heights - $29,494.00); and Parcel 321(AC) (access denial at 1208 Peabody Avenue - $4,000) Attachments: Executive Summary - Release access rights and transfer deed HBRP (18-0422; Item Detail -Release access rights and transfer Deed - HBRP HBRP Location Map (18-0422) Presentation - HBRP Parcel 322 and 321(AC) (18-0422) Ordinance -Convey Property - Harbor Bridge.docx P321 (AC)R&R of Access Rights (final).pdf P 321 (AC) PUAIC final.pdf P 322 Deed (final).pdf P322 PUAIC.PDF R. FUTURE AGENDA ITEMS: (ITEMS 26 - 33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 26. 18-0504 Resolution authorizing outside city limits water contract for property at 7085 Jurica Road Resolution authorizing outside city limits water contract for agricultural use with Sancha Properties, LLC for property at 7085 Jurica Road (County Road 37). Attachments: Agenda Memo-OCL water contract Jurica Road Resolution -OCL water contract Jurica Road Final OCL Water Contract for Agricultural Use with exhibit, 4-26-18 Presentation -7085 Jurica Rd (CR 37)4-12-18 27. 18-0537 Resolution authorizing execution of developer participation agreement for the city's share of the cost for bridge removal and City of Corpus Christi Page 10 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8, 2018 replacement at Yorktown Boulevard and Starry Road Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in an amount not to exceed $60,444.45 for bridge removal and replacement for Starlight Estates Unit 1. Attachments: Agenda Memo- Participation Agreement-Starlight Resolution -Participation Agreement-Starlight Final Signed Participation Agreement with exhibits 4-27-18 Presentation-Starlight Estates Unit 1 28. 18-0370 Service Agreement for Heavy Equipment Rentals for Public Utilities Motion authorizing a 12-month service agreement with Herc Rentals Inc., of Bonita Springs, Florida via US Communities, for the rental of heavy equipment for a total amount not to exceed $236,790.00. Attachments: Agenda Memo- Heavy Equipment Rentals for Utilities Price Sheet- Heavy Equipment Rentals for Utilities Service Agreement 1593- Heavy Equipment Rental for Public Utilities 29. 18-0500 Supply Agreement Amendment for Automotive Repair Parts Motion authorizing the second amendment to supply agreement 547 with O'Reilly Auto Parts of Springfield, Missouri, for the continuous supply of automotive parts for Fleet Operations for an additional one-year term, for a not to exceed amount of$22,064.30 and a revised total agreement amount not to exceed $66,192.90. Attachments: Agenda Memo-Automotive Repair Parts rev'd Amendment 2 -Automotive Repair Parts 30. 18-0519 Resolution to participate in AEP's filing at the Public Utility Commission for a Distribution Cost Recovery Factor Resolution of the City of Corpus Christi, Texas authorizing participation in the Public Utility Commission of Texas Docket 48222 regarding AEP Texas Inc.'s application to amend its distribution cost recovery factors; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Attachments: Agenda Memo-AEP Resolution -2018 AEP Texas (Docket No. 48222) 31. 18-0398 Approval of By-Laws for the Corpus Christi B Corporation Motion approving the by-laws of the Corpus Christi B Corporation as City of Corpus Christi Page 11 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8,2018 approved by the Corporation's Board of Directors on March 19 and April 16, 2018. Attachments: Agenda Memo-CCBC By-Laws CCBC Bylaws Clean Copy 32. 18-0546 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Everett Roy as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Attachments: Agenda Memo-CCHFC and CCIDC Corpus Christi Housing Finance Corporation Roster Corpus Christi Industrial Development Corporation Roster 33. 18-0547 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Member Everett Roy as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memo-CBHFDC and CBCEFFC Coastal Bend Cultural Education Facilities Finance Corporation Roster Coastal Bend Health Facilities Development Corporation Roster S. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. City of Corpus Christi Page 12 Printed on 5/7/2018 City Council Meeting Agenda-Final May 8,2018 U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. V. ADJOURNMENT City of Corpus Christi Page 13 Printed on 5/7/2018 �vs cr� AGENDA MEMORANDUM faApvRAAction Item for the Cit Council Meeting of May 8, 2018 Y 9 Y DATE: May 8, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mayoral City Council Committee Assignment CAPTION: Mayoral City Council Committee Assignment. PURPOSE: Mayor McComb appoints Council Member Everett Roy to the Audit Committee. BACKGROUND AND FINDINGS: On December 13, 2016, Mayor Dan McQueen appointed Carolyn Vaughn to the Audit Committee. On February 28, 2018, Council Member Vaughn resigned from her District 1 City Council seat. On April 24, 2018 the City Council appointed Everett Roy to fill the vacant District 1 City Council seat. CONFORMITY TO CITY POLICY: Council Policies, Sec. 10 Code of Ordinances, Sec. 12 '/2-3(a) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: LIST OF SUPPORTING DOCUMENTS: None SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of April 24, 2018 DATE: April 18, 2018 TO: Margie C. Rose, City Manager FROM: Rene Garza, Interim Marina Superintendent RenegaCa)-cctexas.com 826-3984 Marina City Performance Report (CPR) STAFF PRESENTER(S): Name Title/Position Department 1. Rene Garza Interim Marina Superintendent Marina BACKGROUND: This presentation will provide an update regarding Marina performance through the City Performance Report. A screenshot of the report is attached. LIST OF SUPPORTING DOCUMENTS: Screen shot of Marina CPR page Marina City Performance Report (CPR) page: Department Mission Statement Provide a safe and inviting recreational and commercial venue for the boating public including visitors Operational Profile The City of Corpus Christi Manna.located directly downtown adjacent to hotels and restaurants.is a tourist destination. It is the only major downtown Municipal Manna on the Texas Coast.The Manna Department has operated as an enterprise fund since 1992. It provides 2417/365 diverse services including safe dockage.security for all vesselsfree public boat ramps.fuel station.boat maintenance facility.and oversight of the entire property for recreational and commercial customers The Manna encompasses the Peoples Street T-Head.the Lawrence Street T-Head.and Coopers Alley L-Head and includes 641 slips accommodating vessels from 14'to 150'. Baseline Information FY 2016-2017 FY 2015-2016 FY 2014-2015 FY 2013-2014 Full-time employees budgeted is 15 15 is Total expenditures(S in millions) 51 90 51.90 51.40 57.40 Total revenues(S in millions) 52.00 51.90 51.90 51.90 %of boat slips leased 61% 63% 76% 77% #Boats visiting Marina 288 188 209 170 #of boat haul outs 128 156 54 146 Performance Indicators Monthly 2018 April v Mission Element Goal Measure Target Value Provide modemclean.and serviceable amenities to Lease boat slips %of boat slips leased — 70% support dockage Revenues from slip — 5157,049 rentals Provide response to.eater emergencies Ensure all rescue equipment is ready and operational to provide #of emergency — 0 services as needed responses tt of boat haul outs — 14 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Tuesday,April 24,2018 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 Betty Vestal, Church of Acts. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Richie Quintero, Deputy Fire Chief. Deputy Fire Chief Richie Quintero 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 the roll and verified that a quorum of the 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 5/3/2018 City Council Meeting Minutes April 24,2018 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 May 2018, "Mental Health Awareness Month". Proclamation declaring May 3, 2018, "Las Dohas de la Corte Day". Proclamation declaring April 25, 2018, "Joseph Kilgore Day". Proclamation declaring April 29 - May 5, 2018, "National Small Business Week". Proclamation declaring May 2, 2018 as "Maternal Mental Health Awareness Day" and April 30 - May 6, 2018, "Maternal Mental Health Awareness Week". Proclamation declaring May 6 - 12, 2018, "National Children's Mental Health Awareness Week". Mayor McComb presented the proclamations. 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 the City not enforcing the Texas Highway Beautification Act and blocked sidewalks. Tom Krepel,2618 Windhollow,spoke regarding the budget discussions and City Council priorities regarding the budget process. Kyle Winston, 5757 S. Staples,Jillian Becquet, 6313 N.Washam, and Bill Durrill, 615 S. Upper Broadway,spoke in support of Agenda Item 3, a professional service management agreement with CCMJV, LLC to operate and manage the Corpus Christi Museum of Science and History. Richard Troop,4825 Everhart, CEO of the Corpus Christi Association of Realtors, provided information regarding affordable housing in Corpus Christi. Cleo Rodriguez, 137 Rossiter, President of the United Corpus Christi Chamber of Commerce, provided an update on the United Corpus Christi Chamber's activities. Chuck Anderson, 706 Imperial Harbor, requested assistance from the City regarding a Kaboom Grant Application for Dolphin Park. Alissa Mejia, 4302 Ocean Drive,spoke regarding a resolution approved by the Parks and Recreation Advisory committee requesting inclusion in Bond 2018 for increased park amenities for City parks. Margaret Fratila, 3606 Tripoli,spoke regarding City of Corpus Christi Page 2 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 the Water Department and related legal issues. Julie Rogers, 710 Furman, spoke regarding potential budget cuts to City services and a one cent property tax increase dedicated to public safety. Isabel Araiza, 726 Poenisch,spoke regarding economic development tax incentives and potential budget cuts. Joan Veith, 5701 Cain Drive,encouraged citizens to attend town hall meetings and City events. Sylvia Campos,4410 Fern, provided an example letter that could be used by the City to reach out to entities in the City's industrial districts to pay their share of taxes. Claude Axel, 741 Crestview Drive,spoke regarding City Council listening to comments made by community activists and issues with homeless individuals around City Hall. Rudy Medina, 5413 Cain Drive, spoke regarding code enforcement issues with a neighbor on an adjacent property. 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. FISCAL 2017-2018 BUDGET UPDATE Director of Management and Budget Eddie Houlihan provided a brief update on the Fiscal Year 2017-2018 budget. Mr. Houlihan presented the following information through March 2018: general fund revenues related to sales tax, other taxes, bingo tax and public safety services;expenditures; and a summary of the revenues and expenditures for the General, Enterprise, Internal Service, Debt Service, and Special Revenue Funds. b. HEALTH BENEFITS UPDATE Director of Human Resources Steven Viera provided an update on the status of the Citicare, Police, and Fire health plans. C. STRATEGIC FUTURE ISSUES City Manager Rose stated that this category was requested by a council member to be placed on the agenda and will be placed under City Manager's Comments. d. OTHER None. G. MINUTES: 2. Regular Meeting of April 17, 2018 and Workshop Session of April 19, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. EXECUTIVE SESSION: (ITEM 34) City of Corpus Christi Page 3 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 Mayor McComb deviated from the agenda and referred to Executive Session Item 34. The Council went into executive session at 1:29 p.m. The Council returned from executive session at 2:07 p.m. 34. Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 34. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 11) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 3 be pulled for individual consideration. A motion was made by Council Member Rubio,seconded by Council Member Guajardo,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: 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 4. Supply Agreement for two years for the purchase of liquid caustic soda solution for the O.N. Stevens Water Treatment Plant (Council Priority -Water) Motion authorizing a two year supply agreement with Univar USA, Inc., of Kent, Washington for the purchase of liquid caustic soda solution for a total amount not to exceed $7,513,545.00. This Motion was passed on the consent agenda. Enactment No: M2018-064 City of Corpus Christi Page 4 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 5. Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi. This Resolution was passed on the consent agenda. Enactment No: 031418 6. Consulting Services for RESTORE Act Project Development and Grant Application Preparation and Submittal Motion authorizing contract with Sarosdy Consulting, Inc., of Austin, Texas, for one year for grant proposal development, submittal and advisor services associated with the RESTORE Act for $49,595 with options to extend for up to two additional one-year periods with a total potential multi-year amount not-to-exceed $148,785. This Motion was passed on the consent agenda. Enactment No: M2018-065 7. Interlocal Agreement for soil analysis Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M AgriLife Extension Service in an amount not to exceed $2,400 for the implementation of a soil testing program. This Resolution was passed on the consent agenda. Enactment No: 031419 8. Second Reading - Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis (1st Reading 4/17/18) Ordinance adopting the "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" specific plan; and amending the Comprehensive Plan. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031420 9. Second Reading Ordinance -Accepting and appropriating the Click It or Ticket Grant (1st Reading 4/17/18) Ordinance accepting $17,989.64 from State of Texas, Department of Transportation for FY2018 Click It or Ticket program grant; and appropriating $17,989.64 in Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 5 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 Enactment No: 031421 10. Second Reading Ordinance -Accepting and appropriating State Grant funds for the 2017 Operation Stonegarden Grant Program (1st Reading 4/17/18) Ordinance accepting $336,443 from State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2017 Department of Homeland Security Grant Program - Operation Stonegarden; and appropriating $336,443 in Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031422 11. Second Reading Ordinance - Type A Grant for Jimenez Engineering Solutions, LLC dba International Consulting Engineers ("ICE) (1st Reading 4/17/18) (Council Priority - Economic Development) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Jimenez Engineering Solutions, LLC, dba International Consulting Engineers, to provide a grant of up to $125,000, for the creation of jobs; appropriating said funds from the Business/Job Development Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031423 3. Professional Service Management Agreement for the Corpus Christi Museum of Science and History Resolution to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History. Mayor McComb referred to Item 3. Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to execute a five-month agreement with CCMJV, LLC to operate and manage the Corpus Christi Museum of Science and History. Council members and City Manager Margie C. Rose discussed: public comments made regarding the management of the Museum;the approval of the contract; and the Request for Proposal process. Council Member Garza made a motion to approve the resolution,seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 6 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 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 Enactment No: 031417 M. PUBLIC HEARINGS: (ITEMS 12 - 14) 12. Public Hearing and First Reading Ordinance -Amendments to the London Area Wastewater Master Plan Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; and providing for severance and publication. Mayor McComb referred to Item 12. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the London Area Wastewater Master Plan. The amendments are based on anticipated development in the area with higher densities than previously planned. Ms. Nixon-Mendez presented the following: a map of the subject area; the subject area in relation to the Greenwood Wastewater Service Area;the existing adopted master plan;the master plan recommended to the Planning Commission; an alternative plan; and staff's recommendation. Council Members and staff discussed the following topics:the expanded service area;the water plan for the London Area; and evaluation of the transportation plan. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 1 - Council Member Garza 13. Public Hearing and First Reading Ordinance -Appropriating and transferring trust funds for Trunk Main Line Extension Construction and Reimbursement Agreement Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission City of Corpus Christi Page 7 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. Mayor McComb referred to Item 13. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to authorize the execution of a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP for the construction of a lift station and installation of 8,896 linear feet of 16-inch force main and 1,500 feet of gravity sewer line. Council members and staff discussed the following topics: current wastewater acreage fees; insufficient funds in trust fund; and a review of wastewater acreage fee structure. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed and approved on first reading with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Garza Abstained: 0 14. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Ordinance: Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Mayor McComb referred to Item 14. City Secretary Rebecca L. Huerta stated that a three-fourths majority vote of the City Council is required for approval. Director of Development Services Nina Nixon-Mendez stated that the purpose City of Corpus Christi Page 8 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 of this item is to rezone the subject property to allow for construction of a multifamily apartment complex. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff discussed the following topics:the proximity of Del Mar College to the subject property;the zoning for Del Mar College property; Del Mar College not wanting to extend Bronx Avenue;that previous decisions by the City Council regarding transportation were based on lower density for the area;whether Lipes Boulevard has been completed; if the developer would be required to construct right-of-way;the number of units expected to be built; access to the subject property; concerns regarding public safety access; and Corpus Christi Independent School District's concerns regarding increased traffic with density other than single-family. Council Member Garza made a motion to deny the ordinance, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 5- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel and Council Member Smith Nay: 3- Mayor McComb, Council Member Molina and Council Member Rubio Abstained: 0 O. REGULAR AGENDA: (ITEMS 16 - 17) 16. One-Reading Action Item -Amendment to the Municipal Lease Line of Credit Agreement Motion approving an amendment to the municipal lease line of credit agreement with Frost Bank to extend the term of the agreement through September 30, 2018. Mayor McComb deviated from the agenda and referred to Item 16. Director of Finance Constance Sanchez stated that the purpose of this item is to approve an amendment to the municipal lease line of credit agreement to extend the term of the agreement through September 30,2018. The City went through a procurement process to acquire a new master lease purchase agreement, however,the agreement is still being negotiated. There are five lease-purchase items that are ready for delivery or very close to being delivered and this amendment would allow the City to take possession of these vehicles. In response to a council member, Ms. Sanchez stated that the extension does not change any terms of the agreement There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: City of Corpus Christi Page 9 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 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: M2018-067 17. Renewal of Property Insurance for City-Owned Property Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5th, 2018-May 5th 2019) in exchange $2,110,480.05, of which $861,538.43 is required for the remainder of FY 2017-2018. Mayor McComb referred to Item 17. City Secretary Rebecca L. Huerta announced that Council Member Hunter was abstaining from this item. City Attorney Miles K. Risley stated that the purpose of this item is to authorize renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record. There were no comments from the public. Council members and staff discussed the following topics: ownership of Carlisle Insurance Agency and if the contract requires notification of change of ownership; FEMA reimbursement as a result of Hurricane Harvey; utilizing the reserve funds; repairs to City facilities; and changes to the Financial Policy regarding reserve funds. Council Member Garza made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed 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 Abstained: 1 - Council Member Lindsey-Opel Enactment No: M2018-068 N. PUBLIC INTERVIEWS FOR DISTRICT 1 COUNCIL MEMBER VACANCY (To be held at approximately 3:00 p.m.) Mayor McComb deviated from the agenda and referred to Item N. Mayor McComb stated that the purpose of this item is to conduct public interviews for the District 1 Council Member vacancy. City Secretary Rebecca L. Huerta introduced the four(4)finalists:Julian Firo, Carrie Robertson Meyer, Everett Albert Roy, and Gilbert Trevino. City Secretary Huerta explained the public interview process. The finalists will have one(1) minute to make introductory comments. The finalists will be asked City of Corpus Christi Page 10 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 the four(4) questions that were filed with their application packets. The finalists will have two(2) minutes to answer each question. The finalists will have one(1)minutes to make closing comments. The finalists drew lots for the rotation through each question as follows: 1) Everett Albert Roy;2)Gilbert Trevino; 3)Julian Firo; and 4)Carrie Robertson Meyer. The finalists provided responses to the following questions: 1)Why do you want to be a City Council member and what makes you the most qualified candidate? 2)What do you believe should be Council priorities? 3)What would your priorities be as a District 1 Council Member? 4)What is your understanding of the council-manager form of government? After completing the interview process, Mayor McComb thanked each finalist for submitting their names and showing a commitment to their community. 15. 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 appointment of City Council representative for District 1 and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, and duties of the City Council representative for District 1. Mayor McComb referred to Item 15. The Council went into executive session at 3:38 p.m. The Council returned from executive session at 4:06 p.m. and the following motion was considered: Motion appointing Everett Albert Roy as District 1 Council Member to serve the remaining council term vacated by Carolyn Vaughn. Mayor McComb made a motion to approve the motion,seconded by Council Member Lindsey-Opel. 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: M2018-066 Mayor McComb called for a brief recess at 4:12 p.m. Mayor McComb reconvened the Council meeting at 4:20 p.m. P. FIRST READING ORDINANCES: (NONE) Q. FUTURE AGENDA ITEMS: (ITEMS 18 - 30) City of Corpus Christi Page 11 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 24,25, and 26. Council members requested information on Items 20 and 28. 18. Resolution for Service Agreement for Emergency Removal, Installation, and Repair of Equipment for Police Vehicles Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. This Resolution was recommended to the consent agenda. 19. Two-Year Lease Agreement for 21 Unmarked Vehicles for Police Department Motion authorizing a two-year lease agreement for 21 unmarked vehicles with Acme Auto Leasing, LLC, North Haven, Connecticut, via Houston-Galveston Area Council, for the total amount not to exceed $272,880. This Motion was recommended to the consent agenda. 20. Resolution for Maintenance Agreement and Purchase of Ambulance Stretchers and Power Loaders Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. This Resolution was recommended to the consent agenda. 21. Two-Year Service Agreement for Generator Service and Repair for Fire Department Motion authorizing a two-year service agreement for generator service and repair with Loftin Equipment Company, Inc. of San Antonio, Texas for an amount not to exceed $38,700, with one one-year option for a total potential multi-year amount of$58,050. This Motion was recommended to the consent agenda. 22. Construction Contract for Community Park Development and Improvements -West Guth Park Project (Bond 2012, Proposition 4) City of Corpus Christi Page 12 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC of Corpus Christi, Texas in the amount of$909,407.08 for the Community Park Development and Improvements - West Guth Park project for the base bid plus additive alternates 1 and 2. (Bond 2012, Proposition 4) This Motion was recommended to the consent agenda. 23. Service Agreement for Playground and Installation for Phase 2 and 3 of the Play for All Playground at Manuel Q. Salinas Park Motion authorizing and eight-month service agreement for the purchase and installation of playground equipment for phase 2 and 3 for the play for all playground at Manuel Q. Salinas Park from ExerPlay Inc. of Cedar Crest, New Mexico, via BuyBoard, for a total amount not to exceed $202,129.15. This Motion was recommended to the consent agenda. 24. Purchase of Three John Deere Tractors Motion authorizing the purchase of three John Deere tractors from Ag-Pro of Taft, Texas via BuyBoard, for the total amount not to exceed $57,187.26. This Motion was recommended to the consent agenda. 25. Amendment to Professional Services Contract - Strategic Integration (Travel Demand Model) Feasibility Study Motion for authorization to execute Amendment No. 1 to a professional services contract with CDM Smith, of Austin, Texas in the amount of $410,045, for a total restated fee of$459,998, for Strategic Integration (Travel Demand Model) Feasibility Study. This Motion was recommended to the consent agenda. 26. Purchase of Ten Traffic Signal Control Cabinets for Street Operations Motion authorizing the purchase of ten traffic signal control cabinets from Mobotrex of Davenport, Iowa, via BuyBoard, for the total amount not to exceed $81,500.00. This Motion was recommended to the consent agenda. 27. Purchase of Five Wavetronix Radar Detection Systems for Street Operations City of Corpus Christi Page 13 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 Motion authorizing the purchase of five Wavetronix radar detection systems from Twincrest Technologies of Fort Worth, Texas via Houston-Galveston Area Council for a total amount not to exceed $91,850.00. This Motion was recommended to the consent agenda. 28. Supply Agreement for Crushed Concrete for Solid Waste Operations Motion authorizing a one-year supply agreement with Southern Crushed Concrete of The Woodlands, Texas for crushed concrete for a total amount not to exceed $61,500.00, with a one-year option for a total potential multi-year amount of$123,000.00. This Motion was recommended to the consent agenda. 29. Supply Agreement or Non-Shear Flexible Couplings for Utilities Department Motion authorizing a 36-month supply agreement with Ferguson Enterprises, Inc., of Corpus Christi, Texas, for non-shear flexible couplings for a total amount not to exceed $220,321.13. This Motion was recommended to the consent agenda. 30. Supply Agreement for Calcium Hypochlorite for Various City Departments Motion authorizing a three-year supply agreement with Chemrite, Inc. of Buford, Georgia for calcium hypochlorite for a total amount not to exceed $169,096.20. This Motion was recommended to the consent agenda. R. BRIEFINGS: (ITEMS 31 - 32) 31. Discussion with possible action to create a North Beach Infrastructure Task Force. Mayor McComb referred to Item 31. Council Member Lindsey-Opel stated that she requested that this item be placed on the agenda to discuss utilizing the expertise of Jeff Blackard,who is developing a resort-type facility on North Beach, to assist with accelerating the concept of North Beach. Council Member Opel discussed creating a task force comprised of Mr. Blackard, Nueces County Commissioner Carolyn Vaughn, and Jerry Shoemaker or a city staff member to be named by the City Manager. Council members discussed the following topics: other stakeholders that may be interested in participating in a task force;waiting until newly appointed City of Corpus Christi Page 14 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 District 1 Council Member Everett Roy was sworn-in to allow his input on the task force discussion;the urgency of creating a task force right now to utilize materials from the Harbor Bridge project; how the individuals proposed to be on the task force were identified; and how the proposed task force's work would differ from work already performed by the Planning Department and Gateway Planning related to the North Beach Redevelopment Initiative. The following motion was considered: Motion to create a North Beach Infrastructure Task Force comprised of Nueces County Commissioner Carolyn Vaughn,Jeff Blackard, and a city staff member to be named by the City Manager, to accomplish the following tasks: review the North Beach Master Plan; identify an implementation plan; and provide a report to the City Council. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 6- Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 2- Mayor McComb and Council Member Guajardo Abstained: 0 Enactment No: M2018-069 32. Community First Village Mayor McComb referred to Item 32.Assistant City Manager Keith Selman introduced Texas A&M University-Corpus Christi (TAMU-CC)students John Reed and Robert Tepera. Mr. Reed stated that the purpose of this item is to discuss the Community First! Village in Austin, Texas. The students presented the following information: the four homelessness recommendations made by the Corpus Christi Advisory Council Program to City Council; the two programs, the Homeless Workers Program and Tiny Homes Program, currently being researched by TAMU-CC Masters in Public Administration (MPA)graduate students;the students'group objectives for the programs; a general overview and key findings from Community First! Village; and recommendations for a Tiny Homes Program including:securing land for the community, identifying an appropriate organization to manage the community, and establishing a strategic plan for building and managing the community. Council members, Mr. Reed, and Mr. Tepera discussed the following topics: if the Tiny Homes community would include assisting those individuals impacted by Hurricane Harvey; and appreciation for the work being performed by the MPA graduate students. S. EXECUTIVE SESSION: (ITEM 33) Mayor McComb referred to Executive Session Item 33. The Council went into executive session at 5:29 p.m. The Council returned from Executive Session at 5:48 p.m. City of Corpus Christi Page 15 Printed on 5/3/2018 City Council Meeting Minutes April 24,2018 33. 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 exchange and value of real property at or near the intersection of Rodd Field Road and Yorktown Boulevard 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, property at or near the intersection of Rodd Field Road and Yorktown Boulevard. This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to place an item on the May 15,2018 City Council agenda for discussion and possible action regarding the appointment of a subcommittee to evaluate the wastewater proposals and Request for Qualifications (RFQ)for Program Manager,seconded by Council Member Hunter and passed unanimously. U. ADJOURNMENT The meeting was adjourned at 5:59 p.m. City of Corpus Christi Page 16 Printed on 5/3/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes Special City Council Meeting Tuesday, May 1, 2018 9:30 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:31 a.m. B. City Secretary Rebecca 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. (Council Member Rubio arrived at 9:35 a.m.) Present 9- Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Everett Roy, Council Member Lucy Rubio, and Council Member Greg Smith C. EXECUTIVE SESSION: Mayor McComb referred to the day's executive session. The Council went into executive session at 9:33 a.m. The Council returned from executive session at 11:41 a.m. 1. 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 Texas Utilities Code, utility billing regulations, policies, and practices, and other matters related to the provision of water services, including, but not limited to, issues related to Kane Beef and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforementioned 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). Mayor McComb referred to Item 1. Mayor McComb thanked staff for addressing the issues regarding the Kane Beef delinquent utility account. Mayor McComb City of Corpus Christi Page 1 Printed on 5/3/2018 Special City Council Meeting Meeting Minutes May 1, 2018 announced that he was appointing a committee comprised of Council Members Everett Roy, Greg Smith, and Debbie Lindsey-Opel to review the processes and guidelines in place for addressing delinquent commercial accounts. Mayor McComb stated that the City has an extremely good collection rate with a delinquency rate of 1.2%of commercial accounts. Mayor McComb addressed the terms of the agreement with Kane Beef including: payment of $35,000 a week until the delinquent account is made current; payment of $50,000 a month to cover a bounced check; remain current on bills; and in the event a payment is missed,services will be terminated. D. Adjournment The meeting was adjounred at 11:47 a.m. City of Corpus Christi Paye 2 Printed on 5/3/2018 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 May 8,2018 Three(3)vacancies with terms to 5/31/19 and 5/31/21 representing the following categories: 1-At-Large,1-Animal Welfare and 1-Veterinarian.(Note:Staff is recommending the postponement of the Veterinarian categoryfor further recruitment.) Karla Loften ANIMAL CARE ADVISORY COMMITTEE Seeking Reappointment District 1 Partial 5/31/18 At-Large 2/2100% Cheryl Martinez ANIMAL CARE ADVISORY COMMITTEE Met Six-Year Term Limitation District 1 2 5/31/18 Animal Welfare Sara Andux ANIMAL CARE ADVISORY COMMITTEE Resigned District 5 1 5/31/19 Veterinarian 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 1 5/31/20 At-Large Margaret R.Obregon ANIMAL CARE ADVISORY COMMITTEE Active District 2 1 5/31/19 At-Large Sharon Ray ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/20 At-Large Animal Care Advisory Committee Applicants May 8,2018 INNIft Connie B Bowen ANIMAL CARE ADVISORY COMMITTEE District K9 Convoy 4937 Jo Ann Street Corpus Christi TX At-Large,Animal Welfare Melissa D Bruton ANIMAL CARE ADVISORY COMMITTEE District 4 CCRV 8045 IH 37 Corpus Christi TX At-Large Juliana Carlisle ANIMAL CARE ADVISORY COMMITTEE District 4 Carlisle Insurance Agency Inc. 500 N Water St Ste 900 Corpus Christi TX At-Large,Animal Welfare Mark Crider ANIMAL CARE ADVISORY COMMITTEE District Retired TX At-Large Heather Harris ANIMAL CARE ADVISORY COMMITTEE District 4 Retired RN and teacher 1925 Waldron Corpus Christi TX At-Large Zachary King ANIMAL CARE ADVISORY COMMITTEE District Nueces County 705 W.AveA Port Ara nsas TX At-Large Cynthia K Matlock ANIMAL CARE ADVISORY COMMITTEE District 5 De La Fuente Construction,Inc. 1321 Glenoak Drive Corpus Christi TX At-Large,Animal Welfare Rosie Sa— ANIMAL CARE ADVISORY COMMITTEE District 3 School of Science and technology 4737 Saratoga Corpus Christi TX At-Large Jake A Trevino ANIMAL CARE ADVISORY COMMITTEE District 1 CC Area Oil Spill Control 1231 Navigation Blvd Corpus Christi TX At-Large Carrie L Withers ANIMAL CARE ADVISORY COMMITTEE District Corpus Christi Army Depot 308 Crecy Street Corpus Christi TX At-Large CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Connie B Bowen First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- 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 Corpus Christi Work Address-City Connie B Bowen Page 1 of 5 TX Work Address-State 78415 Work Address-Zip Code 3615103764 Work Phone K9convoy@yahoo.com Work E-mail 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 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. Demographics Gender fJ Female Connie B Bowen 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 Connie B Bowen 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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 Connie B Bowen 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 Local Animal Welfare Organization Connie B Bowen Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Nov 10, 2016 Application for a City Board, Commission, Committee or Corporation Profile Melissa D Bruton 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 3 If yes,how many years? Primary Phone Alternate Phone CCRV sales representative Employer Job Title 8045 IH 37 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Melissa D Bruton Page 1 of 5 78409 Work Address-Zip Code 361-289-5400 Work Phone melissa@ccrv.net 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) 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? Demographics Gender W Female Melissa D Bruton 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. P I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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 Melissa D Bruton Page 3 of 5 Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? 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? rYes 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 4 of 5 Melissa D Bruton Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Juliana Carlisle First Name 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 20 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Carlisle Insurance Agency Inc. Broker Employer Job Title 500 N Water St Ste 900 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Juliana Carlisle Page 1 of 5 Texas Work Address-State 78401 Work Address-Zip Code 3618842775 Work Phone julianac@carlisleins.com Work E-mail address Preferred Mailing Address rJ Work 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: Gulf Coast Humane Society Board, Vice President of Paws & Claws - an Auxiliary for the GCHS Education, Professional and/or Community Activity (Present) Leadership Corpus Christi Class 46, Order of De Pineda, Cotillion 11, Glenoak Therapeutic Riding Center Why are you interested in serving on a City board, commission or committee? I feel that the best way to improve our city and the issues facing it are to get involved. I am well aware of the animal control issues facing our city as well as the culture of Corpus Christi regarding animals being vaccinated and spayed/neutered. We have to be proactive not reactive and try to change our local animal control culture. JulianaCResume.doc Upload a Resume Demographics Juliana Carlisle Page 2 of 5 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. fJ 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 Juliana Carlisle 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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 Juliana Carlisle 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 Local Animal Welfare Organization Juliana Carlisle Page 5 of 5 Juliana Carlisle, CIC Education: Texas A&M University, College Station, TX Bachelor of Business Administration, specialization in Marketing, December 2008 Cumulative GPR: 2.818 Texas A&M University, Corpus Christi, TX Masters of Business Administration, specialization in Management, Certificate in Health Care Administration, May 2011 Cumulative GPR: 3.615 Employment: End Results Inc Marketing Intern, Jan 2008— May 2008, Coppell, TX • Serviced customer accounts; put together marketing proposals and presented proposals to new customers; performed marketing research and surveying Carlisle Insurance Agency, Inc. March 2010—Present, Corpus Christi, TX March 2010—February 2015 Commercial Customer Service Representative/Sales/Head of the Small Business Department February 2015—present, Property and Casualty Broker and Marketing Coordinator • Worked in health insurance department performing group benefit renewals, enrollments, and claims resolution (June— December 2010) • Processed incoming insurance policies in order to verify the information and coverages • Issued certificates of insurance, handled customer inquiries and requests, presented insurance proposals to customers, quoted and bound insurance coverage. • Handled the Small Business Department book of business along with own book of business. • Assisted in pulling commercial insurance policies and claims history, servicing customer accounts, filing policies and other insurance forms. • Prospected and qualified potential customers and accounts • Managed accounts from the prospecting phase to the closing phase. This involved collecting information on the account, quoting the account, and then selling the quotes to the customer. Leadership and Community Involvement: • American Quarter Horse Association, 1999— present - Participate in avidly showing horses all over the United States and being a member of the organization • Paws &Claw Auxiliary—January 2012 - present - Raised funds for the Gulf Coast Humane Society by hosting events, obtaining donations, and selling raffle tickets. - Decorations Committee Chair for 2016, 2017 Fur Ball - Secretary—2017 - Vice President—2018 • Board Member of the Gulf Coast Humane Society • Leadership Corpus Christi Class 46 • Order of De Pineda— Treasurer—2017; Deb Chairman 2018 • Glenoak Therapeutic Riding Center -Volunteer Honors and Awards: • 2 Time Palomino World Champion, 3 Time Reserve World Champion (2002, 2003) • 2015 Reserve All American Quarter Horse Congress Champion — Novice Amateur Horsemanship • 2015 National Snaffle Bit Association Hi-Point in the Nation — Novice Amateur Horsemanship Skills, Licenses, and Designations: • Proficient with Microsoft Office - Excel, Power Point, Word,Access, and Outlook • Proficient with The Agency Manager system • Proficient with Adobe PDF and PDF XChange • Property and Casualty Insurance License—Texas • Certified Insurance Counselor—2012— National Alliance for Insurance Education • Currently have completed and passed two courses toward Certified Risk Manager designation CITY OF CORPUS CHRISTI Submit Date: Nov 27, 2017 Application for a City Board, Commission, Committee or Corporation Profile Mark Crider First Name 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 76 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone retired Work Address-Street Address and Suite Number retired Work E-mail address Mark Crider Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences 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. Demographics 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 Mark Crider Page 2 of 5 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 Mark Crider Page 3 of 5 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. 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? fJ None of the above Mark Crider Page 4 of 5 Mark Crider Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Heather Harris First Name 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 2 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 1925 Waldron Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tx Work Address-State Heather Harris Page 1 of 5 78418 Work Address-Zip Code 830-353-3849 Work Phone hah153@aol.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) BS in education. 5 years teaching experience. AD in Nursing - 24 yrs nursing experience Currently serving as President of South Texas Master Naturalists. 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. Demographics Heather Harris 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 Heather Harris 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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. I didn't answer yes to any of the questions. Heather Harris 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 Heather Harris Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Feb 22, 2018 Application for a City Board, Commission, Committee or Corporation Profile Zachary King First Name 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 5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Nueces County Deputy Constable i mployer Job Title 705 W. Ave A Work Address-Street Address and Suite Number Port Aransas Work Address-City Zachary King Page 1 of 5 TX Work Address-State 78373 Work Address-Zip Code 361-749-5212 Work Phone officerzach@gmail.com Work E-mail address Preferred Mailing Address rJ 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 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. Demographics Gender W Male Verification Zachary King 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 Zachary King 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? 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? 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. 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? 9 None of the above Zachary King Page 4 of 5 Zachary King 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 State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 55 If yes,how many years? Are you a registered voter? r 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 Corpus Christi Work Address-City Ms Cynthia K Matlock Page 1 of 6 Texas Work Address-State 78418 Work Address-Zip Code (361-937-9300 Work Phone cmatlock@dlfci.com Work E-mail address Preferred Mailing Address rJ 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. 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. Ms Cynthia K Matlock Page 2 of 6 cindys resume_3-15-18.docx Upload a Resume Archer_letter.pdf Please upload any additional supporting documents. Demographics Gender P 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. 9 1 Agree Ms Cynthia K Matlock 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 Ms Cynthia K Matlock 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 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? W 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. ARCHER 10613 W. Sam Houston Parkway North, Suite 600 Houston,Texas 77064 USA archerwell.com- June 24,2013 RE: 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 713-856-4222. Thank you, f � L 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 First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 28 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone School of Science and technology Asst Dean of Students Job Title 4737 Saratoga Work Address-Street Address and Suite Number Corpus Christi Work Address-City Rosie Saenz Page 1 of 5 Tx Work Address-State 78413 Work Address-Zip Code 3618512450 Work Phone Rsaenz@ssttx.org Work E-mail address Preferred Mailing Address rJ 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 Demographics Rosie Saenz Page 2 of 5 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. fJ 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 Rosie Saenz 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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. Rosie Saenz 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 Rosie Saenz Page 5 of 5 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 CODE BOARD OF APPEALS BOARD DETAILS The Building Code Board of Appeals (BCBOA) shall SIZE have the power to hear individual appeals of decisions TERM LENGTH 2 Years and interpretations of the building official on rulings and alternate materials and methods of construction OVERVIEW Years and, consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the BCBOA shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members appointed by the City Council for two-year staggered terms. It F-Ek must include an architect,a general contractor,an engineer,three(3)members at-large from the building industry,and one member not connected with the building industry.Quorum shall require four(4)members.The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. DETAILS ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Ordinance No. 12604 as amended by Ordinance No. 13554; (Sec. 1, City Code amending Sec. 111, Standard Building code, 1985 Edition);Ordinance No. 021 208-8/06/91;Ordinance No. 028665-6/29/10,Ordinance No. 029726 1/15/13. ............................................................................................................................................................................................................................................................................................................................. MEETS Once quarterly,on the 3rd Thursday of the month in which called, 1:30 p.m., Frost Bank Building, Fire Department's Conference Room,3rd Floor;and on call as deemed necessary. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Development Services ...... .. .. .. .. .. .. .. ............................................................................................................................................................................................................................................................................................ OTHER INFORMATION BUILDING CODE BOARD OF APPEALS Page 1 of 1 Building Code Board of Appeals May 8,2018 Four(4)vacancies with terms to 5/4/20 representing the following categories: 2-Building Industry,1-Engineer and 1-Not Connected with the Building Industry. Ramiro Munoz III BUILDING CODE BOARD OF APPEALS Seeking Reappointment District S 2 S/4/18 Building Industry 83%S/6(1 exc.) Robert Knowles P.E. BUILDING CODE BOARD OF APPEALS Seeking Reappointment District 4 2 S/4/18 Engineer 67%4/6(2 exc.) Raylones BUILDING CODE BOARD OF APPEALS Met Six-Year Term Limitation District 3 S/4/18 Building Industry Steven R McClure Sr, BUILDING CODE BOARD OF APPEALS Resigned District 1 2 S/4/18 Not Conn W/Bldg.Ind. Randy Farrar BUILDING CODE BOARD OF APPEALS Active District S 3 S/4/19 Building Industry Chuck Anastos BUILDING CODE BOARD OF APPEALS Active District 2 3 S/4/19 Architect Garry M Camp BUILDING CODE BOARD OF APPEALS Active District S 2 5/4/19 General Contractor Building Code Board of Appeals Applicants May 8,2018 A m1w Hilary R Davis BUILDING CODE BOARD OF APPEALS District 2 Kleberg Bank Corpus Christi TX Building Industry Brian L.Mende BUILDING CODE BOARD OF APPEALS District 4 Bath Group,Inc. Corpus Christi TX Engineer Architect Jorge A 011ervides BUILDING CODE BOARD OF APPEALS District 5 Fulton Construction Corpus Christi TX General Contractor Philip C Skrobarczy BUILDING CODE BOARD OF APPEALS District 4 Fulton Construction Corpus Christi TX General Contractor CITY OF CORPUS CHRISTI Submit Date: Mar 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Hilary R Davis First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Kleberg Bank Assistant Property Manger nployer Job Title 5350 S. Staples St, Suite 245 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Hilary R Davis Page 1 of 5 TX Work Address-State 78411 Work Address-Zip Code hilary.davis@klebergbank.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? BUILDING CODE BOARD OF APPEALS: 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) Young Business Professionals - Board of Directors; Leadership Corpus Christi - Class 46 Member; Building Owner and Management Association - Member; Corpus Christi Under 40 - Steering Committee; First Baptist Church - Bible Study Teacher Why are you interested in serving on a City board, commission or committee? I would like to utilize my skills and experiences to positvely impact our city. I am involved in many non- profit organizations, but I'd like to serve the City of Corpus Christi and influence the municipal government process. I am interested in learning more about the city appointment process and how citizens can influence the city by serving. I also think the Building Code Board of Appeals will be beneficial for my career by understanding the City's building codes and the appeals process. Hilary Davis - Resume.pdf Upload a Resume Hilary R Davis Page 2 of 5 Demographics Gender 9 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 Hilary R Davis 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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 Hilary R Davis Page 4 of 5 Board-specific questions (if applicable) Question applies to BUILDING CODE BOARD OF APPEALS Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Building Industry Hilary R Davis Page 5 of 5 H I LARY DAVIS EDUCATION EXPERIENCE Augustana College 2009 - 2013 Kleberg Bank Bachelor of Arts- International Business Assistant Property Manager 2016 - present Summa Cum Laude Manage relationships with 45+ commercial tenants in Corpus Christi and Kingsville ACHIEVEMENTS Administer execution of tenant leases Coordinate tenant move-in and move-out Leadership Corpus Christi Class 46 procedures Aug. 2017 - present Manage the construction of suite renovations Corpus Christi Under 40 Recipient Reconcile general ledgers for rent payments Jan. 2016 Manage a team of five maintenance staff Kleberg Bank Rising Star Award Implement preventative maintenance schedule Dec. 2015 for 6 bank properties Ensure all facilities are operating according to local and state building codes SKILLS Oversee multi-million dollar remodels projects Self-Motivated Corpus Christi and Kingsville headquarters Detail-Oriented Organized CIVIC ACTIVITIES Disciplined Analytical Young Business Professionals Board of Directors 2015- present Building Owner and Manager Association (BOMA) CONTACT Member 2016 - present Corpus Christi Under 40 Steering Committee 2016- present First Baptist Church Bible Study Teacher 2016- present CITY OF CORPUS CHRISTI Submit Date: Jun 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Mr. Brian L. Mende Prefix 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 19 year If yes,how many years? Primary Phone Alternate Phone Bath Group, Inc. Sr. Mechanical Engineer Employer Job Title 5656 S. Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Mr. Brian L. Mende Page 1 of 5 78411 Work Address-Zip Code 361-992-2284 Work Phone bmende@bathgroup.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? BUILDING CODE BOARD OF APPEALS: 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) BSME University of Texas at EI Paso Why are you interested in serving on a City board, commission or committee? I would like to get involved with the new 2015 Code as it is being applied throughout the City. I would like to work with other members of the community as the City moves forward with more complicated codes and energy efficiency requirements. BMende resume_5.8.17.pdf Upload a Resume Brian L Mende resume.docx _ Please upload any additional supporting documents. Demographics Mr. Brian L. Mende Page 2 of 5 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 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 Mr. Brian L. Mende Page 3 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes 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 BUILDING CODE BOARD OF APPEALS Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Engineer Mr. Brian L. Mende Page 4 of 5 Mr. Brian L. Mende Page 5 of 5 R"ILh Brian L. Mende, P.E., CxA Mr. Mende is the senior mechanical engineer in the Corpus Christi office. He is responsible for the design of mechanical systems for institutional, military and industrial applications. Institutional system designs include large distributive steam, hot, and chilled water systems, municipal water systems, HVAC, plumbing systems, piping systems, and fire protection systems. Industrial designs include vapor recovery systems, hydrocarbon transfer systems and hazardous operations management reviews. Below is a short list of some of the projects Mr. Mende has in process or has completed. Representative projects: Indoor Physical Fitness Center, Naval Air Station Kingsville, Kingsville, TX Commissioning Agent for $10.5 million 27,965 sqft. Indoor Physical Fitness Center. Facility includes gymnasium, racquetball court, activity rooms, classrooms, private offices, repair area, storage areas, restrooms, locker rooms, saunas, open areas for fitness equipment, and lobby. Providing Fundamental Commissioning to meet the requirements of USGBC LEED Rating System version 2.2. and UFGS section 01 45 00.05 Position: 20, Design and Construction Quality Control. Systems to be Sr. Mechanical Engineer commissioned include HVAC systems and controls, lighting controls, and if provided, day lighting controls, refrigeration systems and controls, Place of Residence: renewable energy systems, and domestic hot water systems. Reporting Corpus Christi, TX results, recommendations, and findings directly to the Government. Professional Qualifications: Pier C Replacement, Guantanamo Bay Naval Base, Cuba New York - 085173 Sr. Mechanical Engineer for MEP services for this project. Project entails Texas - No. 81511 replacement of a 1929 pier with a new pier to accommodate the Tennessee - 115708 offloading of Diesel Fuel Marine, Aviation Fuel and Gasoline which is Certified by Building Commissioning pumped to a series of steel tanks. Providing mechanical designs for Association (BCA) pumps, piping and vapor recovery as part of the design/bid/build team. Certified by AABC Commissioning Group (ACG) Retro-Commissioning, GSA, Washington, DC and Virginia Retro-commissioning and Energy Auditing of the FBI Washington Field Education: Office, the national headquarters of the Department of Education, the BS Mechanical Engineering, Wilbur J. Cohen Building, and the Department of Health and Human University of Texas at EI Paso, 1990 Services in Washington, DC and the Martin VB Bostetter Federal Courthouse in Alexandria, VA. Over 2,300,000 square feet. Also Employment: Courthouse courthouse and federal office building in Mobile, AL. 26 years - Bath Engineering Corp. Provided commissioning over-site and reporting for on-site interviews of 2 years - with other firms building facilities personnel, system inspections and data collection. Verified Energy Conservation Measures for lighting, occupancy sensors, Professional Associations: HVAC, and heat recovery for all buildings totaling over 1.7 million square American Society of Heating, feet. Refrigeration and Air Conditioning (ASHRAC) Central Plant Expansion and Distribution System Study, Texas A&M University Corpus Christi, Corpus Christi, TX Provided oversight of this central plant and distribution system study. Discussed field findings and provided direction during study. Reviewed findings, analysis and report prior to submittal to Texas A&M University. HVAC Upgrade, Corpus Christi Hall, Texas A&M University Corpus Christi, Corpus Christi, TX Project Manager for retrofit of a new VAV system to replace an existing multi-zone air conditioning system. Reviewed and approved MEP engineering designs and scheduling. Visited site during construction to check progress and provide engineering support. Construction was completed in phases so only one floor at a time of this three story building was shutdown to reduce interruptions of building services and keep as many classrooms operational as possible. R�ILh Bayfront Development, City of Corpus Christi, Corpus Christi, TX Provided design engineering services for Bayfront Development Implementation Plan, Phase I which stretches along Shoreline Boulevard from the American Bank Center at Resaca Street to the federal courthouse at Power Street. Services included HVAC and plumbing design for the restroom building and Cafe building. Services also included production of construction drawings and construction inspection. HVAC System Renovation, Art Museum of South Texas - Corpus Christi, TX Providing oversight of this major HVAC renovation. Designs required to replace roof mounted HVAC equipment, air handling units, a hot water boiler, ductwork and chilled and heated water piping due to corrosion from gulf coast environment. New DDC control system designed to allow easier maintenance and control from one location. HVAC Upgrade, Museum of Science and Natural History, Corpus Christi, TX Project Manager for this HVAC upgrade. Designs included new energy efficient VAV system for 35,000 sgft north wing, 2 air handlers for the north wing, 4 air handling units for the south wing, and chilled and hot water connections to all air handling units. Chiller Upgrade, American Bank Convention Center, Corpus Christi, TX Project manager for design of this chiller replacement. Design included replacement of three 450 ton chillers, three 1350 GPM cooling towers, and 13 air handling units with new equivalent sized units. Design also included new BTU meter monitor system for entire American Bank Plaza for monitoring of utility use. Central Plant, Corpus Christi International Airport, Corpus Christi, TX Bath to provided the necessary electrical and mechanical engineering to develop construction documents for bidding purposes. This involved the evaluation of the current Central Plant. Designs were provided to replace two 450 ton gas absorption chillers with 2 - 250 ton electrical centrifugal chillers and make accommodations for the addition of a third chiller, along with replacing pumps with smaller HP and VFD drives. Bath also provided the commissioning and start up services for this installation. Central Plant #1 Cooling Tower Replacement - Texas A&M University, Kingsville, TX This project was the design for a new 2,000 ton 3-cell cooling tower with variable speed fans and new controls. Included with the design was a new foundation and piers to suspend the tower 8 feet above the existing grade for proper condenser water flow. This cooling tower serves half of the entire cooling load for the University. Total project cost was $0.5 million. MEP Services, EGC Fluoroplastics Products, Humble, TX Mechanical design for a new 115,000 sgft manufacturing building, 30,000 sq ft of new office and maintenance buildings, and remodeling of 64,000 sgft of existing office and manufacturing facilities. Design included developing line drawings for all mechanical and plumbing items; 2 - 233 ton chillers for HVAC; air handlers for ventilation and dust collection; routing of piping for water, wastewater, hydraulics, and shop and breathable air; and 5 chill water process systems ranging from 2 - 20 tons; . The design was based on value engineering to reduce cost while retaining reasonable life cycle costs. R�ILh Commissioning Services, Texas State University - San Marcos, TX Commissioning Authority in charge of LEED Enhanced Commissioning of a new $34 Million University Undergraduate Center. Systems to be commissioned included a 160,000 cfm fan-wall air handler, chilled water systems, heat recovery air handling systems, building automation systems, IT networks, security and intrusion, electrical emergency power systems and generators with automatic transfer equipment. The building is approximately 129,700 gross square feet and 5 floors in height. Commissioning Services, University Wellness Center, Texas A&M University, Corpus Christi, TX Commissioning Authority for this $17.8 million, 82,000 sgft three story facility. The facility includes a DDC building control system, VFD controlled pumps for chilled and hot water from the campus central plant, Out Door Air Handling units with Heat Recovery Wheels utilizing relief air for energy recovery and an Emergency Operations Center (EOC) on the third floor. The EOC includes automatic transfer switches to switch to emergency generator power for the university servers, emergency lighting, emergency chiller and pumps, water systems, sanitary holding tanks and computer room air conditioning units. Mr. Mende led the commissioning team as it provided peer review of design documents, developed integrated testing procedures, witnessed equipment startup, and documented functional testing. Commissioning Services, Rice University, Houston, TX Commissioning Authority over the new $20 Million data center. The Commissioning Authority ensures that building systems perform interactively as designed. Systems to be commissioned included under- floor air distribution computer room units, chilled water systems, air handling systems, building automation systems, IT networks, security and intrusion, electrical emergency power systems including UPS and three - 2 Megawatt generators with automatic transfer equipment. Commissioning also included an N+1 system which assures at least double redundancy of each component, subsystem, and system. Commissioning Services, Del Mar College, Corpus Christi, TX Commissioning Authority to ensure that building systems perform interactively as designed. The Commissioning Authority encompasses coordinating the design, documentation, equipment startup, control system calibration, testing and balancing, and performance testing of the construction of new buildings and improvements to existing buildings. This $106 Million expansion included a new Central Plant for the West Campus and an upgrade to the East Campus Central Plant. This project also included commissioning of 9 other new or modified buildings totaling over 170,000 sgft. Structural Redesign, Whataburger, Woodlands, TX Whataburger is modifying their traditional 'A Frame" style of building to a flat roof building at a new site as requested by the developer of the property. Bath's scope of work for this project is to produce mechanical, plumbing, and electrical designs using the existing prototype drawings and adapt them to the new flat roof design. This design will include reviewing the current design, modifying the current design to incorporate cost savings ideas, and to coordinate mechanical systems with the structural systems. Desiccant Air Handling Systems, Whataburger, Texas Whataburger had 63 locations with desiccant air handling systems that were malfunctioning or non-operational. Whataburger desired to R�ILh replace these units and modernize their air conditioning systems at these locations for improved operation and improved indoor climate. Bath inspected each site to determine system status and requirements, provided engineering design services for the replacement systems needed to efficiently cool the facilities, utilized ASHRAE bin data for the local climate to determine which systems were best for the area, produced construction drawings for removal of old units and installation of new systems, and worked closely with selected contractors. Bachelor Officers Dormitory, Building 1281 NAS, Corpus Christi, TX This project required preparation of an economic analysis of four systems to heat and cool 200,000 sq. ft of Bachelor Officers Quarters dormitory. Total living spaces for 600 units with kitchens. Economics selected a system and included combining two separate central plants and installing variable speed drives the secondary chilled water systems. Total project cost was $2.7 million. Chelsea And Sun Plaza Housing Complex, EI Paso, TX This project consisted of two 60 acre housing complexes owned and operated by the Housing Authority of EI Paso. Each complex included a high-rise apartment building and multiple housing units surrounding the high rise. The design included installation of new chillers, boilers, pumping systems, tertiary pumping systems, controls, and new air handlers. Total project cost was $2.4 million. jet Engine Test Facility, Hill Air Force Base, UT Principle mechanical design for the entire engine test facility that included water brake systems, industrial waste systems, compressed air system, heat and cooling systems, plumbing systems, liquid cooler and cooling tower systems, and control system. Specialty systems included a 300 psig 1200 degree piping for a jet engine test cells. Central Plant #1 Cooling Tower Replacement - Texas A&M University, Kingsville, TX This project was the design for a new 2,000 ton 3-cell cooling tower with variable speed fans and new controls. Included with the design was a new foundation and piers to suspend the tower 8 feet above the existing grade for proper condenser water flow. This cooling tower serves half of the entire cooling load for the University. Total project cost was $0.5 million. Mechanical Renovation & Operation Improvements, Bayfront Plaza, Corpus Christi, TX Design improvements to a total shift thermal storage system. Energy analysis to improve the operation will save the over $25,000 annually in utility saving and includes an $80,000 rebate coordinated with the local utility company and Bath. Mechanical construction cost of $150,000 (payback in less than 3 years). Steam & Compressed Air Decentralization, Naval Air Station, Corpus Christi, TX Total design responsibility for decentralizing steam and compressed air for Corpus Christi Army Depot. Project included the design of two steam plants and three compressed air plants at the Naval Base. Steam system combined for a approximately 60,000 pounds of steam per hour. Compressed air systems totaled approximately 1,500 cubic feet per minute of compressed air. The decentralization required coordination between exiting and additional site utilities to deliver the new source of steam and compressed air to over 2,000,000 square feet in over 10 separate buildings. Total project cost was over $7.5 million. R�ILh Corporate Headquarter Mechanical Systems, Helen of Troy, EI Paso, TX Design of the mechanical systems for 140,000 square foot office and 400,000 square foot warehouse for Helen of Troy Worldwide Headquarters. System includes 200,000+ cfm variable air volume system, 550 tons of cooling, and a UL testing lab. Mechanical construction cost of$2.6 million. HVAC System, Nolan Richardson Middle School, EI Paso, TX Mechanical design for a 131,000 sq. ft. school. The HVAC system consisted of two 150-ton rotary chillers and two 3,000,000 Btu/hr boilers supplying a variable air volume reheat system. Energy conservation was enhanced by variable frequency drives on pumps and fans. Mechanical construction cost of$2 million. Master plan study, Ysleta High School, EI Paso, TX This project involved a survey of 12 different buildings, hot and chilled water systems with interconnecting utility tunnels. A central plant with 4 - 150 ton chillers and 4 - 1,500,000 BTU/Hr. boilers was recommended. Asbestos insulation of existing piping was involved. Energy Audit, Wilson Plaza, Corpus Christi, TX This 18-story building under went a major renovation of the mechanical and electrical systems. This three-phase project included a complete building energy load analysis, mechanical and electrical equipment design and replacement and an energy rebate audit. The audit and subsequent design included the replacement of a 350 ton and a 250 ton screw chiller, 10 pumps ranging in size from 5 hp to 30 hp, the replacement of a 600 ton variable speed drive cooling tower, the installation of a primary/secondary piping system with variable speed drives for energy efficient operation, and an energy efficient digital control system. The mechanical design changes and lighting replacement, resulted in a $78,000/year utility cost savings, $25,000/year operational cost savings, and a $148,000 utility rebate. The owner of this building, with the help of Mr. Mende, received a national "Energy Star" award for energy savings. As the project manager and lead design engineer, Mr. Mende was directly responsible for the energy audit calculations, the design of the mechanical primary/secondary piping system, the design/selection of all mechanical equipment, and the cooling system controls. (Construction Cost $680,000) SFPPL Pipeline, Chevron Refinery, EI Paso, TX Project manager and design engineer for this project which required the upgrade of fuel transfer from the on site storage facilities to the Sante Fe Pacific Pipeline Company off site transfer station. The project included the installation of a new 3,000 gpm transfer pump that produced 150 psig at the inlet to the pipeline manifold. It included installation of over 4,000 feet of pipeline from the transfer pump to the SFPPL inlet manifold, the installation of two filter systems, and the installation of a new on site manifold for the product selection. Each product also had an independent pump installed (API 7th Edition) to transfer the fuel from the tank farm, through the on site manifold, and to the inlet of the main transfer pump. Total construction cost for the project was approximately $2.5 million. Vapor Recovery Unit, Albuquerque Terminal, Chevron Light Oils, Albuquerque, NM This project required preparation of plans for the replacement of the existing vapor recovery unit with a John Zink absorption/absorption unit. CITY OF CORPUS CHRISTI Submit Date: Aug 31, 2017 Application for a City Board, Commission, Committee or Corporation Profile JORGE A OLLERVIDES First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 4.5 years If yes,how many years? Primary Phone Alternate Phone Fulton Construction BIM Manager Employer Job Title 1102 2nd Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State JORGE A OLLERVI DES Page 1 of 5 78404 Work Address-Zip Code (361) 993-5200 Work Phone jolIervides@fultonconst.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? BUILDING CODE BOARD OF APPEALS: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) I am a foreign Architect, non licensed in the U.S. I currently served in the board of directors of the AIA as director of the Internship Development Program. I am part of the advisory committee of Downtown Management District Why are you interested in serving on a City board, commission or committee? I believe that as citizens, we have to give and serve back to our city. With my experience in the Architecture and Construction industry, I can contribute to improve the life of the citizens. 04 Jorge 011ervides= Re- done.docx Upload a Resume Demographics Gender W Male Verification JORGE A OLLERVI DES 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 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. fJ I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes (-- No Do you, your spouse, your business or your spouse's business have a City contract? Yes No JORGE A OLLERVI DES Page 3 of 5 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 CODE BOARD OF APPEALS Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? 1W General Contractor W Architect JORGE A OLLERVI DES Page 4 of 5 JORGE A OLLERVI DES Page 5 of 5 Jorge 011ervides BIM /VDC Manager • Nueces Electric Cooperative - Headquarters Architectural, BIM, &VDC Responsibilities • Coordination with the Architect-Engineer-Contractor in the Building Information Modeling from the early Years Experience stage of design, modeling & detailing • 4 - Design Studio • Assemble composite design model for coordination • 5 - ROFA Architects meetings • 3 - Fulton*Coastcon • Responsible for the development, coordination, publication, and verification that all necessary parts Areas of Expertise of design & construction model information have • BIM /VDC been implemented • Architecture / Design • Create composite design models to perform • Revit 2011 - 2015 coordination /clash detection meetings & provides detection reports by the identification and resolution • Navisw 2011 —2015 of all hard and soft collisions. • 3D Visualization • Ensure that BIM models are used appropriately to • Virtual Walkthrough test design coordination requirements • Project Coordination • Coordinate meetings with subcontractors for material • BIM Training take-off on BIM Model • Determines the project BIM geo-reference points Education and assures all technical disciple models are properly • School of Architecture - Design & Urbanism - referenced UAT, Mexico • Assure COBie information is provided • Coordinate construction sequencing & scheduling Activities & Societies activities and assures they are integrated with the • American Institute of Architects construction BIM • Association of General Contractors • Create a virtual timeline sequence of the construction Construction Leadership Council • Coordinate with the design team to facilitate design • National Institute of Building Sciences changes in the field have been documented & are • Advisory Committee Member for Design updated in the BIM in a timely manner Department in South Texas College • Coordinate updates of as-constructed conditions in the Final Model deliverable for Operation & Maintenance Languages • English/ Spanish Project Experience • Texas State Aquarium - Caribbean Journey Wing • RTA - Customer Service Center • CCISD - Dorothy Adkins Middle School • CCISD -Veterans Memorial High School • Texas A&M - CC —University Center Expansion CITY OF CORPUS CHRISTI Submit Date: Mar 07, 2018 Application for a City Board, Commission, Committee or Corporation Profile Philip C Skrobarczyk Jr 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 1 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Fulton Construction Prosect Manager �yer Job Title 1102 2nd St Work Address-Street Address and Suite Number Corpus Christi Work Address-City Philip C Skrobarczyk Jr Page 1 of 5 Texas Work Address-State 78404 Work Address-Zip Code 361-993-5200 Work Phone cskrobarczyk@fultonconst.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? BUILDING CODE BOARD OF APPEALS: 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) Employee at Fulton Construction - Project Manager for projects at King High School and New Frost Bank Tower. National Little League Baseball Coach. Why are you interested in serving on a City board, commission or committee? I want to get involved in continuing to improve the city. I would like to make a difference and be a part of the city becoming even better. Chad_Skrobarczyk Resume.pdf Upload a Resume Demographics Philip C Skrobarczyk Jr Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Philip C Skrobarczyk Jr 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- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- 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? (- 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 Philip C Skrobarczyk Jr Page 4 of 5 Board-specific questions (if applicable) Question applies to BUILDING CODE BOARD OF APPEALS Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Philip C Skrobarczyk Jr Page 5 of 5 Philip Charles "Chad" Skrobarczyk, Jr. Education: Texas A&M University College Station, TX Dec 2013 Bachelor of Science, Construction Science Overall GPA: 3.675 COSC GPA: 3.724 Experience: Fulton Construction Corpus Christi, TX August 2018-Present Project Manager • King High School Additions & Renovations —3 additions with associated interior renovations. ■ Assisted in development of GMP ■ Assisted in project start up including any permitting or license agreements ■ Responsible for buyout and wrote subcontracts for all trades. ■ Responsible for submittals, RFIs, deliveries, field coordination, and logistics of all subcontractors on site. ■ Work closely with superintendents on any field issues. ■ Responsible for submitting Owner Change Orders and Sub Change Orders ■ Attend all meeting with Owner's and responsible for running the OAC meetings. ■ Maintain Schedule providing updates when needed. • Frost Bank Corpus Christi —5-story office tower in downtown Corpus Christi — project currently in early stages. Work completed to date listed below: ■ Assisted in development of GMP ■ Assisted in project start up including any permitting or license agreements ■ Developed construction Schedule ■ Coordinate trades on site Austin Commercial Austin, TX November 2014-July 2018 Assistant Project Manager • Shoal Creek Walk (650,000 SF/$64 million)— 18 story office tower including 3 levels below grade parking and 5 level above grade parking ■ Assisted in development of GMP ■ Assisted in project start up including any permitting or license agreements ■ Responsible for buyout and wrote subcontracts for all trades excluding elevators and MEP ■ Responsible for submittals, RFIs, deliveries, field coordination, and logistics of all subcontractors on site ■ Work closely with superintendents on any field issues ■ Responsible for submitting Owner Change Orders and Sub Change Orders ■ Attend all meeting with Owner's and responsible for running the OAC meetings • 5th & Colorado— 15 Story office tower ■ Assisted in development of GMP ■ Involved in buyout and subcontracts on various scopes Vaughn Construction Houston, TX December 2013-November 2014 Estimator • Worked in office as estimator and assisted two senior estimators 0 Project Types health care, higher-education, research, office ■ Project costs ranging from 4 million to 300 million ■ Responsibilities — invitation to bidders, assign scope responsibilities, quantity takeoff, bid day scope out, compile bids for self-perform concrete and excavation Honors: • Sigma Lambda Chi Construction Science Honor Society • Tau Sigma Delta Architecture Honor Society • Graduated Cum Laude Skills: • OSHA 30 Hour • CPR/First Aid certified • On Screen Takeoff, Microsoft Project, Excel, PowerPoint, Word, Bluebeam • Equipment operator City Of Corpus Christi NORTH PADRE ISLAND DEVELOPMENT CORPORATION BOARD DETAILS SIZE 9 Seats The North Padre Island Development in Corporation manages the Reinvestment or TERM LENGTH 2 Years Zone No. 2 and implements the project OVERVIEW TERM LIMIT N/A and financing plan. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Not less than five(5)nor more than nine(9)directors,appointed by the City F-�'k Council. Each initial Director shall serve a term that expires on December 31, 2002;thereafter,terms are two-years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed.Any director may be removed from office at any time,with or without DETAILS cause, by the City Council. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Tax Increment Financing Act,Tax Code Section 311.010(f); Chapter 431, Subchapter D of the Texas Transportation Code; Resolution No.025040; M2003- 001. _.............................................................................................................................................................................................................................................................................................................................. MEETS To be determined ................................-1-........................................................................................................................................................................................................................................................................................ TERM DETAILS Each initial Director shall serve a term that expires on December 31,2002; thereafter,terms are two-years. . . . . . . . . . . . . . . ................................................................................................................................................................................................................................................................... DEPARTMENT General Government and Operations Support .. .. .. .. .. ..__ ........................................................................................................................................................................................................... ..................... OTHER INFORMATION NORTH PADRE ISLAND DEVELOPMENT CORPORATION Page 1 of 1 North Padre Island Development Corporation Members May 8,2018 One(1)vacancy with term to 12-31-18.(Note:New District 1 Council Member Everett Roy was sworn in 4/25/18.) Vacancy NORTH PADRE ISLAND DEVELOPMENT CORPORATION Vacant 2 12/31/18 Ben Molina NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/19 Debbie Lindsey-Opel NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/18 Greg Smith NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/19 Joe McComb NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 1 12/31/18 Lucy Rubio NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 2 12/31/18 Michael T. Hunter NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active Partial 12/31/19 Paulette Guajardo NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 1 12/31/18 Rudy Garza NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 2 12/31/19 City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS The Planning Commission makes and amends a master plan for the SIZE 9 Seats physical development of the City;to recommend to the City Council in approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate limits of the city 107 TERM LENGTH 3 Years and within an area extending five miles beyond the City limits;to submit annually to the City Manager not less than 90 days prior to the beginning of OVERVIEW TERM LIMIT ' Years the budget year a list of recommended capital improvements which,in the opinion of the commission,are necessary or desirable during the forthcoming five-year period;to require information from other departments of the City government in relation to its work;to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition,members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee(§10-17). This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction,and submits their recommendations to City Council.They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine(9)members which shall consist of nine registered voters of the City F-�Ik appointed by the City Council for three-year staggered terms.The following organization may appoint an ex-officio, non-voting representative: United States Navy. Members elect a Chair from among its membership at the first regular meeting in August of each year. DETAILS ............................................................................................................................................................................................................................................ CREATION/AUTHORITY City Charter Art.5,Sec. 1-6.The first Planning Commission ordinance was adopted in 1937 and has been amended several times,the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances;Ord. 022164,2-28-95; Ord.031165-06/13/17. ....................................................................................................................................................................................................................................................... MEETS Every other Wednesday,City Hall,Council Chambers,5:30 p.m. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION PLANNING COMMISSION Page 1 of 1 Planning Commission May 8, 2018 Two(2)vacancies with term to 7/31/18 and 7/31/20. Sheldon Schroeder* PLANNING COMMISSION Seeking Reinstatement District 4 Partial 07/31/18 Member Heidi Hovda* PLANNING COMMISSION Seeking Reinstatement District 2 2 07/31/20 Member Jeremy Baugh PLANNING COMMISSION Active District 1 1 07/31/19 Member Mike Lippincott PLANNING COMMISSION Active District 4 2 07/31/18 Vice-Chair Matthew Ezell PLANNING COMMISSION Active District 2 Partial 07/31/18 Member Carl E Crull PLANNING COMMISSION Active District 5 2 07/31/20 Member Marsha Williams PLANNING COMMISSION Active District 3 2 07/31/20 Member Daniel M Dibble PLANNING COMMISSION Active District 5 1 07/31/19 Member Eric Villarreal PLANNING COMMISSION Active District 2 2 07/31/19 Chair Ben Polack PLANNING COMMISSION Active 1 N/A Ex-Officio/Non-Voting *Automatic termination due to failure to timely file a Report of Financial Information per the Code of Ethics. Planning Commission Applicants May 8,2018 Martin L.Evans PLANNING COMMISSION District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd,STE 560 Corpus Christi TX Yes Matthew C Ezell PLANNING COMMISSION District 2 South Texas Building Partners 3817 S Alameda,Ste A Corpus Christi TX Yes Mr.Roland A Gaona PLANNING COMMISSION District 3 Self-employed(Keller Williams Coastal Bend) 4518 Everhart Rd.,Ste.101 Corpus Christi TX Yes Craig C Hebner PLANNING COMMISSION District 1 Horton Automatic 4242 Baldwin Blvd Corpus Christi TX Yes Jason Page PLANNING COMMISSION District 4 Self Employed 715 STancahua Corpus Christi TX Yes Christopher Rabe PLANNING COMMISSION District 1 Texas A&M University-Kingsville 700 University Blvd Kingsville TX Yes Gordon R Robinson PLANNING COMMISSION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX Yes Morgan Spear PLANNING COMMISSION District 4 MORGAN SPEAR ASSOCIATES 225 S.CARANCAHUA Corpus Christi TX Yes Diana Summers PLANNING COMMISSION District 4 HOGAN HOMES 400 MANN ST. Corpus Christi TX Yes Kamran Zarghouni PLANNING COMMISSION District 5 KM PREMIER REAL ESTATE 7002 s.sta pies ste104 Corpus christi TX Yes CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Martin L. Evans First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 50 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Martin L. Evans Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code Marty@Freedom-ic.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Why are you interested in serving on a City board, commission or committee? City Board_Resume.doc Upload a Resume Martin L. Evans Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Martin L. Evans Page 3 of 6 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. Martin L. Evans Page 4 of 6 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? i- Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? rYes rNo Martin L. Evans Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r-- Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Martin L. Evans Page 6 of 6 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe,the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS &ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S.Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston,Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non-criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama(Operation Just Cause) Aviation issues briefing officer for Commander US Army South;Aviation operations planning and coordination at senior Army command;planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras &El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written&verbal Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P&L analysis EXPERINCE: May 2009—Present Registered Principle/Owner—Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor& Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning,investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility$30,000,000+. Trailing 12 month production$215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive,Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio,TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief,Fifth U.S.Army, Ft. Sam Houston,TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S.Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986-Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston,TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data Investment Management base Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: Graduated Calallen Highschool 1969, BS in Political Science &History ED, Texas A& I University, Distinguished Military Graduate;Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. CITY OF CORPUS CHRISTI Submit Date: Apr 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Roland A Gaona Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 57 years If yes,how many years? Are you a registered voter? r Yes f No Primary Phone Alternate Phone Self-employed (Keller Williams Coastal Bend) REALTOR® Job Title 4518 Everhart Rd., Ste. 101 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Roland A Gaona Page 1 of 6 Texas Work Address-State 78411 Work Address-Zip Code 361.425.7131 Work Phone ragaona6l@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I have previously served on the Transportation Advisory Board, the Municipal Arts Commission, and the Nueces County Transportation & Railroad Board along with 39 years as a residential and commercial REALTOR®, Member of the Corpus Christi Assoc. of REALTORS®Texas Real Estate Political Action Committee, member of the Corpus Christi Assoc. of REALTORS® Governmental Affairs Committee, Founder of the LULAC #1 Foundation inc. Founder of The Tejano Civil Rights Museum & Cultural Resource Center, Member of the Board of Directors of Bailando Dance Festival Why are you interested in serving on a City board, commission or committee? Because I believe that it is important to give back to the community in areas of my expertise and knowledge. Mr. Roland A Gaona Page 2 of 6 Demographics 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. Roland A Gaona Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. Roland A Gaona Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. I did not answer Yes to any of the questions above. Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? r• Yes c No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? YesNo Mr. Roland A Gaona Page 5 of 6 Mr. Roland A Gaona Page 6 of 6 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile Matthew Ezell First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 11 If yes,how many years? Primary Phone Alternate Phone ST13P, INC. President Employer Job Title 3817 S. ALAMEDA, STE. A Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State Matthew Ezell Page 1 of 5 78411 Work Address-Zip Code 361-299-5462 Work Phone mce@stbp.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? AIRPORT ZONING COMMISSION: Appointed PLANNING COMMISSION: Appointed BUILDING STANDARDS BOARD: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am a current member and the current chairman of the building standards board - I am applying for reappointment for a second three year term. Education, Professional and/or Community Activity (Present) I completed a Bachelor of Science in Economics at Texas A&M University and a Master of Business Administration at Texas A&M University Corpus Christi. I am a member and hold professional accreditations of Assoc. DBIA with the Design-Build Institute of America, Certified Professional Constructor (CPC) with the American Institute of Constructors, and LEED Green Associate with the US Green Building Council. I am a current board member and the current president of the South Texas Chapter of Associated General Contractors of America (AGC). I am a current member and past board member of Corpus Christi Cattle Baron's Ball and Nueces County A&M Alumni Club. I am a graduate of Leadership Corpus Christi (class 39) and a member of the LCC Alumni Association. I am a member of the Texas A&M University Association of Former Students and the Alumni Association of Texas A&M University Corpus Christi. My wife and I are members of Episcopal Church of the Good Shepherd and active in numerous other community activities. Matthew Ezell Page 2 of 5 Why are you interested in serving on a City board, commission or committee? mce resume_2016-04-05.pdf Upload a Resume Demographics 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. I I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Matthew Ezell 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. Matthew Ezell Page 4 of 5 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? 9 General Contractor Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? e: Yes r No Matthew Ezell Page 5 of 5 South Texas Building Partners Matthew Christo her Ezell Experience July 2012- STBP, Inc.dba South Texas Building Partners Corpus Christi,Texas Present President ■ Build business from concept through business plan,funding,and into operations ■ Strategic planning ■ Communication of and direction toward pursuit of mission/vision ■ Remove obstacles to the success of our partners ■ Lead all business operations June 2005- Ewing Construction Co., Inc. Corpus Christi,Texas July 2012 Assistant Project Manager, Project Manager, Project Executive, Corporate Secretary/Treasurer ■ Balance all aspects of over 1,350,000 sq ft of remodel work and over 550,000 sq ft of new construction/renovation in the retail,educational,government,office,and light industrial sectors totaling more than$85 million of work in place Activities/Affiliations ■ Associated General Contractors-South Texas Chapter, Board Member and 2016 President ■ City of Corpus Christi Building Standards Board, Member/Chairman ■ American Institute of Constructors, Member/CPC(Certified Professional Constructor) ■ US Green Building Council-Texas Gulf Coast Chapter-Coastal Bend Branch, Member/LEED Green Associate ■ Design-Build Institute of America, Member/Assoc. DBIA ■ The Episcopal Church of the Good Shepherd, Member ■ Cattle Baron's Ball Corpus Christi,Committee Member and 2015 Co-Chairman ■ Cattle Baron's Ball Advisory Committee(comprised of past chairs), Member ■ Leadership Corpus Christi Alumni Association, Member ■ Alumni Association of Texas A&M University-Corpus Christi, Member ■ The Association of Former Students of Texas A&M University, Member ■ Nueces County A&M Club, Member, Past Vice President of Finance/Fishing Tournament Chair/Trustee ■ Friends of Corpus Christi Public Libraries, Member ■ Coastal Conservation Association, Member ■ Ducks Unlimited, Member Certifications/Accreditations ■ MBA ■ Assoc. DBIA ■ CPC ■ LEED Green Associate ■ CPR/AED/First Aid ■ OSHA 10 Hour ■ Basic Orientation Plus Education Texas A&M University College Station,Texas Bachelor of Science in Economics, Minor in Business Administration, May 2005 Texas A&M University-Corpus Christi Corpus Christi,Texas Master of Business Administration,August 2010 Training, References,and Project Experience Available upon request CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner 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 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager ,,,,oyer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Craig C Hebner Page 1 of 6 Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted BUILDING STANDARDS BOARD: Submitted AIRPORT BOARD: 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 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 C Hebner Page 2 of 6 Craig Resume_5-1-16_2 .docx Upload a Resume Demographics 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. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Craig C Hebner Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 Craig C Hebner 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? rw 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? r Yes r- No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Craig C Hebner 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 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 6 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 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: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Jason Page First Name 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 32 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Employed Owner/ Principal Employer Job Title 715 S Tancahua Work Address-Street Address and Suite Number Corpus Christi Work Address-City Jason Page Page 1 of 5 TX Work Address-State 78401 Work Address-Zip Code 3615899050 Work Phone jasondavidpage@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee Why are you interested in serving on a City board, commission or committee? Jason Page Resume.pdf Upload a Resume Demographics Gender W Male Jason Page 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. P I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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 Jason Page Page 3 of 5 Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? 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? rYes 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) Jason Page Page 4 of 5 Jason Page Page 5 of 5 JASON PAGE SUMMARY Freelance photographer with experience in digital and film,as well as medium format photography.Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity&Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 0312010 - Present Owner,Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively,while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01/2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals.Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 0312012 - Present Inventory&Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management-I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management- I have worked with the management to implement a series of methods for tracking production,both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 12008 - 03 12010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel,billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10 12006 - 0112008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 None, GIS/Geomatics GIS/Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL 1998 - 2002 High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO/CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET 0212014 Falck Safety Services(US) SAFELANDUSA 0212014 PEC Safety License:PEC100474939 SAFEGULF 0212014 PEC Safety License:PEC100474939 TWIC 12 12015 - 12 12020 Transportation Security Administration(TSA) LANGUAGES • German • English PUBLICATIONS THE BEND MAGAZINE 0612014 Gemstone Media, LLC / Jordan Regas Authors: Jason Page - http://issuu.comlthebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our familys barbeque place AND get to photograph him with his dad? I said yes immediately!We photographed Roger and his dad enjoying an ice cold beer and having a good of time.Then we got a few posed and natural/candid shots of the two of them against some 200 year old doors and a 60 year old but with the Texas flag painted on the side. THE ONE BRIDE GUIDE 0612014 McCleod Creative Authors: Jason Page - http://www.theonebrideguide.com/magazinelVol7 Issue2/TheOne_Vol7Issue2 Final_web.pdf I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color".I wanted to literally bring that pop to the cover by including brightly colored,24"balloons.Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 1012012 Self Published • Authors:Jason Page • http✓/photos iasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design &Layout by Jason Page,Makeup &Hairstyling by Ashle Riff,Lead Model Amanda Ramirez (aka Mandi Mayhem).Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM-July 2011 • Authors:Jason Page,Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jun 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Christopher J Rabe 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 0 years, 3 months If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Kingsville Instructor Employer Job Title 700 University Blvd Work Address-Street Address and Suite Number Kingsville Work Address-City Christopher J Rabe Page 1 of 5 Texas Work Address-State 78363 Work Address-Zip Code 3615932860 Work Phone christopher.rabe@tamuk.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not applicable Education, Professional and/or Community Activity (Present) Delta Chi Fraternity, Academic Advisor Tennis Club, Academic Advisor Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City Board because I believe I would like to serve at the civic level in the city I reside in. In addition, my academic and professional background is in industrial engineering and I believe that I could benefit serving the city board. Resume_CJ R.pdf Upload a Resume Demographics Christopher J Rabe Page 2 of 5 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 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 Christopher J Rabe Page 3 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes 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) Christopher J Rabe Page 4 of 5 Christopher J Rabe Page 5 of 5 CHRISTOPHER JUSTIN RABE PERSONAL SKILLS Safety Auditing,Industrial Hygiene,Environmental Compliance,Invoicing,Chemicals,DOT Compliance,Quality Control/Assurance, JSA and Permit writing,Monitor Exposure Limits,Risk Management,Company Presentations,Government Regulation Compliance. EDUCATION Master of Science,Major:Industrial Engineering(Major GPA:3.6) Texas A&M University-Kingsville Graduated Date:December 11,2015 Bachelor of Science,Major:Industrial Management and Technology Engineering;Minor:Business Administration(Major GPA:3.4) Texas A&M University-Kingsville Graduated Date:December 14,2012 PROFESSIONAL EXPERIENCE Jacobs Engineering(Celanese plant),Bishop,Texas Oct,2014-Present Health&Safety Specialist Developed and Implementing Safety Employee Management Tracker(EMT)Training,Employee profile,and Accident Investigations Database for all of Brock/Jacobs Celanese sites Bishop,TX PSM experience and developing and updating SOP's Safety oversight on Ibuprofen(cGMP)warehouse practices packaging and transportation(DOT) Safety oversight on Formaldehyde warehouse practices packaging and transportation(DOT) Safety oversight on manufacturing raw plastic pellets Special and Natural In charge of Safety Committee Audits and Review Inspection on Safe work permits Job audits done on a daily basis Conducted QC/QA Investigations on a number of maintenance projects Conducted tool box safety meetings in the field Follow Brock and Jacobs policies along with Celanese standards Supervise Welders,Boiler Makers,Pipe Fitters,Scaffold Builders and Insulators on a day to day Basis on Safety regulations. On site safety for turnarounds work being done in plant Conducted risk assessments to manager injury prevention Collects and analyzes HSE data specific to projects group. Delivers safety meetings weekly to professional services organization Provides general HSE guidance to project group relating to process safety,construction safety specific to each location Responsible for incident reporting and case management for each location Safety Evaluation Report for Daily safety audits Responsible for representing Jacobs Safety in"Planning,Health,Safety,Security,Environmental,Right"(PHSSER)meetings with client focusing on constructability and risk assessment Responsible for creating HAPs(Hazard Assessment Plans) Responsible for collection,review and corrective actions of all Safety Observations turned in from professional services organization Collects and documents industrial hygiene information:(monitoring data,targeted IH monitoring,vent plans Environmental Evolutions National,Robstown,Texas June 2014-Oct 2014 Environmental Health&Safety Engineering Specialist Operated ISNetworld Compliance,Veriforce,and PICS Auditing for New and existing customer score cards Operate and update OSHA 300 logs. DOT Auditing to insure Company compliance Conducted QC/QA on Frack tanks and DOT trucks Environmental Compliance and Auditing to meet TCEQ and EPA regulations Facilitated operational compliance with FEN standards,policies,along with OSHA,TCEQ,EPA,ANSI regulations Conducted tool box safety meetings in the field and yard Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations Coordinated environmental waste management excavation for hazardous materials clean-up and facilitated Roll-off Box wash out along with disposal of waste. Conducted continuous air monitoring quality checks with four gas meter 112S,LEL,OZ,CO Acid Frack tank clean out of confined space on a daily basis. Industrial Hygiene monitoring using ULTRA RAY 3000 meter for(Benzene) Supervised and audited FEN crews. implemented the utilization of work permits and Job Safety Analysis(JSA) Systematized audits on work permits and job safety analysis for the FEN District Conducted risk assessments to manager injury prevention. Investigated Accidents involving personal injury and vehicle collision Developed and Executed Monthly Environmental,Health and Safety presentations to provide continuing education to FEN employees Schlumberger,Alice,Texas March 2013-May 2014 Health Safety&Environmental Specialist Facilitated operational compliance with Schlumberger standards,policies,and OSHA regulations Investigated Site and DOT accidents Conducted QC/QA Investigations on Iron and Chemicals DOT Auditing to insure Company compliance Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations Coordinated environmental waste management excavation for hazardous materials clean-up Supervised and audited Schlumberger crews on multiple track and Cement locations Supervised District Bulk Plant,Shop,&Maintenance to ensure that safety procedures were followed and PPE was being utilized correctly implemented the utilization of work permits and job safety analysis(JSA) Systematized audits for work permits and job safety analysis for the Alice Schlumberger District Conducted risk,health,safety,and environmental presentations to provide continuing education to Schlumberger employees on a regular basis Generated investigation reports with various company representatives(BHP Billiton,Marathon,&Conoco Phillips)to mitigate future accidents Field Financial Administrator Maintained inventory for field operations,including:Fracturing chemicals,PPE,chemical shipping papers,operational parts,etc. Coordinated field logistical support ordering Equipment as needed Conducted QC/QA to make sure product was performing to operational standards Invoicing for each Fracturing stage that was done on site for customer;each fracturing stage was invoiced over$100,000 dollars 12 stages Audited field chemicals to ensure quotes were accurate for cost efficiency for the company Collaborated with Field Engineers,Field Supervisors,and various Company Representatives for field operation effectiveness and efficiency Conducted Quality Control/Quality Assurance for field operations inventory including Equipment and chemicals Texas A&M University-Kingsville,Texas Student .Master of Science,Major:Industrial Engineering Texas A&M University-Kingsville,Texas Student Bachelor of Science,Major.Industrial Management and Technology Industrial Field Safety Certification Oil Field Certification ORGANIZATION .Junior Achievement Organization of South Texas-2016 CERTIFICATIONS (OSHA)General Industry 30 hour Oil Field Service Certificate PEC Basic Safety Awareness Orientation Field Safety Certificate TWIC Card Adult First Aid/CPR/AED(American Red Cross)current H2S certified HONORS AND AWARDS Dean's List,Texas A&M University-Kingsville,Spring 2012 Society of Manufacturing Engineers,Vice President 2011-2012 COMPUTER&NETWORK SKILLS Computer Skills: Windows XP,Access Database,Microsoft Office Suite,CAD/CAM,SolidWorks Network Skills: ISNetworld Compliance,Veriforce Compliance,PICS Auditing CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gordon R Robinson 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 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority Director of Planning ,,,,oyer Job Title 602 N. Staples St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gordon R Robinson Page 1 of 7 TX Work Address-State 78401 Work Address-Zip Code 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted LANDMARK COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on a City board, commission or committee. I do serve as a member of the Board of Directors with my homeowners association, Tropic Isles HOA, in Flour Bluff. Gordon R Robinson Page 2 of 7 Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I enjoy living in Corpus Christi and serving the community as a CCRTA professional. I've talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I've confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on a committee are to increase family and youth activities, improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on a City of Corpus Christi Committee, I believe that I have the background and professional knowledge to make a positive impact for our community. Gordon_Robinson_Resume.pdf Upload a Resume Demographics Gender V Male Verification Gordon R Robinson Page 3 of 7 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 Gordon R Robinson Page 4 of 7 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? 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? 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. The CCRTA has an annual agreement with the City of Corpus Christi for street maintenance funds. Board-specific questions (if applicable) Gordon R Robinson Page 5 of 7 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 ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I None of the above Question applies to LANDMARK COMMISSION 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 MARINA 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 Gordon R Robinson Page 6 of 7 Gordon R Robinson Page 7 of 7 Gordon Robinson, PMP SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013-Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas. ■ Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets. ■ Effectively manage an annual budget of approximately $425,000 and department staff. ■ Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year. ■ Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients. ■ Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries. ■ Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc. ■ Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts. ■ Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling. ■ Support the completion of FTA Triennial and Federal Certification Reviews. ■ Conduct customer outreach to inform public and other stakeholders of service improvements and changes. ■ Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California. ■ Developed the Planning Department's annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes. ■ Directed and managed the Agency's planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts. ■ Served as Project Manager for the 10-year RTA Forward Transit Plan to develop service improvements. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL. ■ Served as Project Manager for a scheduling services three year contract totaling approximately $536,000. ■ Developed and submitted state and federal grant applications. ■ Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20-year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five-Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed-flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. ...continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. ■ Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. ■ Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. ■ Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. ■ In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central-Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. ■ Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. ■ Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. ■ Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: ■ 2017-18 Leadership Corpus Christi Class 46 Participant ■ 2016-17 Texas Transit Leadership Initiative Graduate ■ Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops ■ Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV ■ 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA ■ Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee ■ Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute ■ Member of the Corpus Christi MPO Technical Advisory Committee ■ Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX ■ Competent Communicator Award with Toastmasters International ■ Member of the 2011-2012 OCTA Leadership Academy ■ Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 08, 2016 Application for a City Board, Commission, Committee or Corporation Profile Morgan Spear First Name 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 56 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT ,:>yer Job Title 225 S. CARANCAHUA Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Morgan Spear Page 1 of 5 TX Work Address-State 78401 Work Address-Zip Code 361-883-5588 Work Phone Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Why are you interested in serving on a City board, commission or committee? Morgan Spear Page 2 of 5 Demographics 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. 1-J I Agree Morgan Spear 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. Morgan Spear Page 4 of 5 Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r' No Morgan Spear Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Diana Summers First Name 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 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST. Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Diana Summers Page 1 of 5 78401 Work Address-Zip Code 512-994-8786 Work Phone Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011 ; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013-PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Why are you interested in serving on a City board, commission or committee? BROWN.pdf Upload a Resume Diana Summers Page 2 of 5 Demographics 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. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. 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 Diana Summers 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. Diana Summers Page 4 of 5 Board-specific questions (if applicable) Diana Summers Page 5 of 5 Diana Brown Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships.Recognized for achieving an understanding of numerous different business operations and processes,identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities.Enjoys challenging engagements and new opportunities to fiuther develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers,LLC,Dallas Associate,2010-2011 Audited a diverse portfolio of clients including manufacturing,health care,financial,chemical,and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate,2011—2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration,2009 Double Majored.Finance and Accounting Directed Studies:French College of Charleston Masters of I ccounting 2010 Study Abrond:University of South Carolina,Maymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya.Examined the local operations oC The Coca Cola Company,Dockers,a subsidiary of Levi Strauss and Co.,Kazuri Beads,Ltd.and KickStart,a non-profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. OTHEWLE AUERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient ut il,e Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman For Senate Finance committee(2009) Sorority Comicil President(2008-2009) Omicron I lia 1:.ippa Honors Society President(2009) Mortar Bmrd 1-lonors Society Treasurer(2008) CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Kamran Zarghouni First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 14 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone KM PREMIER REAL ESTATE Broker/ Owner Employer Job Title 7002 s.staples ste104 Work Address-Street Address and Suite Number Corpus christi Work Address-City Kamran Zarghouni Page 1 of 5 Tx Work Address-State 78413 Work Address-Zip Code 3619915263 Work Phone Kamranzarghouni@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: 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: No Education, Professional and/or Community Activity (Present) Real Estate Broker Master in business administration Why are you interested in serving on a City board, commission or committee? Serving on a City board, commission or committee allows me the opportunity to serve my community proudly in area that i can offer insight and knowledge for the progress and further development of Corpus Christi. Kamran Zarghouni_Bio.pdf Upload a Resume Kamran Zarghouni Page 2 of 5 Demographics Gender 9 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 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 Kamran Zarghouni Page 3 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes 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) Kamran Zarghouni Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes No Kamran Zarghouni Page 5 of 5 Kamran Zarghouni, President and Founder of K&M Premier Real Estate, Inc., has more than 15 years of progressively responsible experience directing as many as 30 employees for K&M Premier Real Estate and successfully selling over 500 homes. Kamran holds a Bachelor of degree from Texas A&M —Corpus Christi University and a Master of Business Administration (MBA) degree Texas A&M Commerce. When Kamran arrived in the United States 14 years ago he became immediately determined to make an impact in his career choice and his community. Instilled with the notion that anyone can succeed regardless of life's circumstances, Kamran has led K&M Premier Real Estate through start-up, survival, turnaround and growth modes. In an industry such as real estate where the changes in the market are ever evolving, Kamran is diligent and committed to his profession. As a passionate motivator with extensive industry knowledge, Kamran has championed his agents to strive to be the best in the real estate market. Not only are his interest in the success of his business but he also has a strong rooted interest in his community. Kamran and K&M Premier Real Estate participate in various community activities by donation and volunteering for programs such as American Cancer Association,The Ark, The American Heart Association and the Children's Diabetes Association, CCPD Operation Safe Return, Coastal Bend Wellness Foundation, the Hope House of Corpus Christi and other local organizations and fundraisers. Recently, he was honored and accepted into the Corpus Christi Young Business Association's 2018 40 Under 40 Class. Kamran's main passion has been to help children in need and it is because of this motivation that has made it his mission to continue building homes and business plazas in Corpus Christi, Texas, and the surrounding areas to ensure the growth of his community for a prosperous future for the next generation. He actively looks for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. A dedicated leader, community activist, and a family man, Kamran is enthusiastic to see the future of this city grow by leaps and bounds. City Of Corpus Christi REINVESTMENT ZONE NO. 2 BOARD BOARD DETAILS The Reinvestment Zone No. 2 Board shall SIZE make recommendations to the City Council TERM LENGTH 2 Years concerning the administration of the zone. The OVERVIEW TERM LIMIT N/A Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311 .011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The Board shall consist of at least five and not more than fifteen (15) members. F-�'k The members shall be appointed as follows: Pursuant to Sec.311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City each may appoint one(1) member of the board.A taxing unit may waive its right to appoint a Director.The remaining members of the board are appointed by the City DETAILS Council.The City Council shall have the right to appoint up to ten (10)members, and the board shall exceed fifteen (15)members if necessary for the City Council to make said ten (10)appointments.To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and owr real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman.The board may elect other officers as it considers appropriate. CREATION/AUTHORITY Motion No.2000-396, 11/14/00;Ordinance No.024270, 11/14/00; Motion No. 2000-408; Motion No.2000-409, 11/21/00; Motion No.2009-259,9/15/09. ................................................................................................................................................................................................................................ MEETS On call,Council Chambers ..................................................................................................................................................................................................................................._._.._.._.. TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................ DEPARTMENT General Government and Operations Support ............................................................................................................................................................................................................................................................................................................................... REINVESTMENT ZONE NO. 2 BOARD Page 1 of 2 OTHER INFORMATION REINVESTMENT ZONE NO. 2 BOARD Page 2 of 2 Reinvestment Zone No.2 Board May 8,2018 One(1)vacancy with term to 11/1/19 appointed by the City Council. (Note: Historically,Council Members have been appointed to serve. New District 1 Council Member Everett Roy was sworn in on 4/25/18.) Vacant REINVESTMENT ZONE NO.2 BOARD Active Vacant 11/01/19 City Rudy Garza REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Paulette M.Guajardo REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Michael T.Hunter REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Debbie Lindsey-Opel REINVESTMENT ZONE NO.2 BOARD Active 1 11/01/19 City Joe McComb REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Ben Molina REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Greg Smith REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Lucy Rubio REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/19 City Gabriel Rivas REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/18 Del Mar College Flour Bluff Independent School Steve Ellis REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/18 District Samuel Neal,Jr. REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/18 Nueces County Cal Jennings REINVESTMENT ZONE NO.2 BOARD Active 2 11/01/18 Nueces County Hospital District City Of Corpus Christi REINVESTMENT ZONE NO. 3 BOARD BOARD DETAILS 11 The Reinvestment Zone No. 3 Board shall make SIZE 12 Seats recommendations to the City Council concerning the TERM LENGTH 2 Years administration of the zone. (The zone area includes approximately 856 acres encompassing the City's SEA- OVERVIEW Downtown area along the Bayfront from the Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The Board shall consist of twelve(12)members.The members shall be appointed F-Elk as follows: Pursuant to Sec.311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone,if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone,may DETAILS appoint one(1)member of the Board.These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council.The City Council shall have the right to appoint at least ten (10)members,with one reserved for a representative from the Downtown Management District,and the board may exceed twelve(12)members if necessary for the City Council to make said ten (10)appointments.To be eligible for appointment an individual must be a qualified voter of the City;or be at least 18 years of age or older and own real property in the zone.Terms of Board members are for two years.Terms must be staggered with half of the Board members appointed every year.Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman.The board may elect other officers as it considers appropriate. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Ord. No. 027996, 12/16/08;Ord. No.028136,04/28/09;Ord. No.029403,3/2/12; and Ord. No. 030286,9/16/14. ................................................................................................................................................................................................................................................................................................................................ MEETS On call,Council Chambers. REINVESTMENT ZONE NO. 3 BOARD Page 1 of 2 TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................. DEPARTMENT City Manager's Office .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION REINVESTMENT ZONE NO. 3 BOARD Page 2 of 2 Reinvestment Zone No.3 Board May 8,2018 One(1)vacancy with term to 2/28/19.(Note:New District 1 Council Member Everett Roy was sworn in 4/25/18.) Vacancy REINVESTMENT ZONE NO.3 BOARD Vacant 1 2/28/19 Member City Rudy Garza REINVESTMENT ZON E NO.3 BOARD Active 3 2/28/19 Member City Michael T.Hunter REINVESTMENT ZONE NO.3 BOARD Active Partial 2/28/20 Member City Joe McComb REINVESTMENT ZONE NO.3 BOARD Active Partial 2/28/20 Member City Ben Molina REINVESTMENT ZONE NO.3 BOARD Active Partial 2/28/20 Member City Greg Smith REINVESTMENT ZON E NO.3 BOARD Active 1 2/28/19 Member City Debbie Lindsey-Opel REINVESTMENT ZONE NO.3 BOARD Active Partial 2/28/19 Member City Paulette Guajardo REINVESTMENT ZONE NO.3 BOARD Active 1 2/28/19 Member City Lucy Rubio REINVESTMENT ZONE NO.3 BOARD Active 2 2/28/19 Member City Carolyn Vaughn REINVESTMENT ZONE NO.3 BOARD Active Partial 2/28/20 Chair County Claudia Jackson REINVESTMENT ZONE NO.3 BOARD Active 3 2/28/20 Member Del Mar AI Jones REINVESTMENT ZONE NO.3 BOARD Active 1 2/28/20 Member Downtown Management District se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(acctexas.com (361) 888-2601 Kim Baker, Assistant Director of Financial Services kimb2�cctexas.com (361) 826-3169 =Emergency Removal, Installation, and Repair of Equipment for Police Vehicles CAPTION: Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. PURPOSE: This service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. BACKGROUND AND FINDINGS: The Police Department utilizes Auto Works Unlimited to perform numerous repairs, installs and removals of equipment in police vehicles. Police vehicles cannot be down for very long, and Auto Works Unlimited is able to meet the need of the Police Department to get the vehicles out on the street in a quick turnaround. Auto Works Unlimited is one of three companies in the southern region of the state of Texas that is certified to install and remove the Coban in-car camera in the police vehicles. Police and Fleet civilian personnel perform delivery and pickup of the vehicles, therefore, because Auto Works Unlimited is a local company, it is cost effective and quicker to utilize this company. These repairs need to be performed quickly to protect the public health and safety of the City's residents. 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 $112,907.50 $112,500.00 $225,407.50 Encumbered / Expended Amount $19,354.06 $0.00 $19,354.06 This item $37,500.00 $112,500.00 $150,000.00 BALANCE $56,053.44 $0.00 $56,053.44 Fund(s): 1020 - General Comments: The contract is for 24 months of which $37,500 is budgeted in FY17-18. $112,500 will be budgeted the future years, bringing the total contract value to $150,000. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Install/Removal of Emergency BUYER: MINERVA ALVARADO Equipment for Police Vehicles AutoWorks Unlimited LLC Corpus Christi, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 New Installation of Emergency Equipment $ 1,600.00 48 $76,800.00 2 Body Labor $ 38.00 520 $19,760.00 3 Electrical Labor $ 85.00 402 $34,170.00 4 Structure Labor $ 45.00 428 $19,260.00 TOTAL $150,000.00 * rounded up $10 to reach total of$150,000.00 Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. WHEREAS, Installation and removal of emergency equipment in police vehicles will be purchased by Police Department; WHEREAS, the service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. 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 a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve and protect the public health or safety of the City's residents. 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 authorizing the Installation and Removal for emergency equipment for the Police Department and authorizing a two-year service agreement with Auto Works Unlimited of Corpus Christi, Texas, for a total amount not to exceed $150,000.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 58026 U Install, Removal, and Repair of Emergency Equipment for bO RPOR Af 1852 Police Vehicles THIS Install, Removal and Repair of Emergency Equipment for Police Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Auto Works Unlimited ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Install, Removal, and Repair of Emegency Equipment for Police Vehicles 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 Install, Removal, and Repair of Emergency Equipment for Police Vehicles ("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 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $150,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Pat Eldridge Police Department 361 .886.2696 Pat Ccctexas. 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: Pat Eldridge Police Management Services Director 321 John Sartain, Corpus Christi, Texas 78401 361 .886.2696 Fax: 361 .886.2607 IF TO CONTRACTOR: Auto Works Unlimited LLC Attn: Edmund Diaz Owner 5702 Ayers St., Corpus Christi, Texas 78415 361 .960.0072 Fax: 361 .960.0072 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: 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. 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 Attachment A: Scope of Work 2017 EMERGENCY POLICE VEHICLE EQUIPMENT FOR CORPUS CHRISTI, TEXAS Scope of work- Install and removal of Emergency equipment in police vehicles. Install electronics, prisoner safety equipment and all related police equipment in law enforcement vehicles. Decommission marked patrol vehicles by removing all emergency equipment, computers, and prisoner safety equipment.Each vehicle worked on will be billed separately specifying work completed and will include the unit number and VIN.There maybe additional equipment added to vehicles that are not marked. Marked Patrol Vehicle All installed items will be supplied by the City of Corpus Christi.The placementof all emergency equipment and technology will be specified by police fleet personnel. 1. Install front push bumper to manufacturer's specification. 2. Install emergency lighting outside of the vehicle. This will include up to 8 additional lights mounter on exterior of each unit. 3. Install wiring to all emergency lights to allow full operation of all emergency lights. 4. Install wiring to power the following items. (i.e., MDT, In-car camera,cradle point,police radio,printers, radars, and docking stations along with any other technology requested. 5. Install a prisoner cage kit to include window barriers,door panels,plastic back seat, and rear barrier. 6. Install gun rack. 7. Install wigwag lighting module to headlights and taillights. B. Install police radio and antenna. 9. Install center console. 10. Install cradle point. 11. Install in car camera system. 12. Install mounted in car radar system. 13. Install controller to operate all emergency lighting equipment to include siren speaker. 14. Install command box in the rear of the vehicle.(approx. 16 supervisor vehicles in fleet are equipped with these.) Patrol Vehicle (Slick top) 1. Install front push bumper to manufacturer's specification. 2. Install emergency lighting outside of the vehicle. 3. Install wiring to all emergency lights to allow full operation of all emergency lights. 4. Install wiring to power the following items. (i.e. MDT, In-car camera,cradle point, police radio, printers, radars,and docking stations along with any other technology requested. 5. Install a prisoner cage kit to include window barriers, door panels,plastic back seat,and rear barrier. 6. Install gun rack. Page 1 of 2 7. Install wig wag lighting module to headlights and taillights. 8. Install police radio and antenna. 9. Install center console. 10. Install cradle point. 11. Install in car camera system. 12. Install mounted in car radar system. 13. Install controller to operate all emergency lighting equipment to include siren speaker. 14. Install command box in the rear of the vehicle. (approx. 16 supervisor vehicles in fleet are equipped with these.) Unmarked Vehicles 1. Install wiring for radio system. 2. Install police radio and antenna. Specialty Vehicles The police department has vehicles that are specialized and may require all equipment specified under marked units to be installed or just partial equipment.Vehicles in this category include Forensic Vans, Prisoner Transport, Passenger Transport and K-9 units.The equipment for each would be specified at time of installation. Scope of work for repairs and work to police vehicles. Vendor must have certification to perform repairs some equipment. In the course of the year,vehicles are either damaged or are involved in accidents and require the removal of damaged parts and equipment and the installation of new replacement equipment. 1. Will remove equipment damaged or destroyed and replace with new equipment. 2. Repairs, removal, and installation emergency equipment. 3. The removal and or replacement of the Coban camera system. Requires installer to be certified through Coban Technologies. Within 2 years the City will transition to Axon. 4. Certified to make repairs on the Harris GE radio system. 5. Be able to troubleshoot emergency equipment to fix or repair issues. 6. Be able to repair generators and electrical equipment on large specialty police vehicles that is part of the emergency equipment on the unit. The vendor must agree to the following support items. 1. Must be available after hours if needed at no additional charge,to include weekends and holidays. 2. No overtime for work done after hours and weekends. 3. Must have knowledge of emergency equipment. 4. Must have knowledge of emergency equipment wiring. S. Vendor will agree to make marked patrol cars a priority. 6. All work must be performed locally. Page 2 of 2 SC ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM NCONOPE 1852 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight,for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently,without consultation,communication,or agreement with any other vendor or competitor,for the purpose of restricting competition with regard to prices. I nvitation to quote, FOB Destination, Frei ht Included, on the followm : DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL New Installation of Emergency 48 Lump $1,600.00 $76,800.00 Equipment Sum Body Labor 520 HR $38.00 $19,760.00 Electrical Labor 402 HR $85.00 *$34, 180.00 Structure Labor 428 HR $45.00 $19,260.00 TOTAL $150,000.00 x rounded up$10 to reach total of$150,000.00 COMPANY: AutoWorks Unlimited NAME OF PERSON AUTHORIZED TO SIGN: Edmund Diaz ADDRESS: 5702 Ayers St. CITY/STATE/ZIP: Corpus Christi, TX 78415 PHONE: 361-960-0072 EMAIL: autoworks.unlimited@yahoo.com FAX: DATE: 2/12/18 SIGNATURE: TITLE: owner THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES.TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. 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 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 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 Page 1 of 3 States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • 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 Page 2 of 3 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. 2018 Insurance Requirements Purchasing Installation and Removal of Emergency Equipment in CCPD Vehicles 02/15/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Workmanship guaranteed for one year. Page 1 of 1 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(o).cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Lease Vehicles for Police Department CAPTION: Motion authorizing a two-year lease agreement for 21 unmarked vehicles with Acme Auto Leasing, LLC, North Haven, Connecticut, via Houston-Galveston Area Council, for the total amount not to exceed $272,880. PURPOSE: This item is to approve the lease of 21 unmarked vehicles for the Police Department. BACKGROUND AND FINDINGS: The Police Department utilizes these vehicles as unmarked vehicles in investigative operations. The vehicles are being leased and not purchased as it is necessary to be able to change out vehicles frequently during the year. The Police Department has been leasing vehicles for such operations since 2009 through the HGAC agreement. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: Non 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: Narcotics/Vice Investigations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $112,122.85 $222,880.00 $335,002.85 Encumbered / Expended Amount $31,961.46 $31,961.46 This item $50,000.00 $222,880.00 $272,880.00 BALANCE $30,161 .39 $0.00 $30,161 .39 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet Aicm wsLng, LLC -- _ _ . Leasing to Government Agencies singe 1984 Vehicle Lease Price Quote 440 Washington Avenue Prepared For:Corpus Christi,TX Model Year: 2016/2017 North Haven,CT 06473 Attention: Pricing Miles: 18,000 excess charge.12 per mile Tel: 203-234-6850 Date Prepared: 6/13/2017 Terms: Net 30 Fax: 203-234-6858 TIN: 06-1425257 Minimum Order: N/A Item Vehicle Lease Rate No. Description Make Model Term Monthly Cost Ford or 001 Truck Chevrolet 1/2 Crew 12 Months $643.00 Choice Chevrolet or 004 SUV Nissan SUV-Mid 12 Months $643.00 Choice Page 1 of 1 SC 0 > SERVICE AGREEMENT NO. 1259 U Lease of Vehicles for Police Department bO RPOR Af� 1852 THIS Lease of Vehicles for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Acme Auto Leasing, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Lease of Vehicles for Police Department 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 Lease of Vehicles for Police 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 24 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 $272,880.00, 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 Pat Eldridge Police Department 361 .886.2696 Pat@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: Pat Eldridge Police Management Services Director 321 John Sartain, Corpus Christi, Texas 78401 361 .886.2696 Fax: 361 .886.2607 IF TO CONTRACTOR: Acme Auto Leasing, LLC Attn: Bob Crowe Sales 440 Washington Avenue, North Haven, Connecticut 06473 407-456-1561 Fax: 203-234-6858 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: - Lll� zle��, � Printed Name: o?6 3 - �� Title: l.! Date: (3P �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 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 o Attachment A: Scope of Work U aOORPORPI', 1852 • Contractor will lease various vehicles to the Corpus Christi Police Department. • Vehicle types include: Ford or Chevrolet 1/2 Crew Trucks and/or Chevrolet or Nissan Mid-size Sport Utility Vehicles. • If the vehicles have been compromised by the public, the Contractor shall allow the vehicle to be replaced. • The Contractor is responsible for Vehicle recalls and necessary repairs covered under the vehicle warranty. Attachment B: Bid/Pricing Sheet vj -- _ _ -law Leasing to Government Agencies singe 1984 Vehicle Lease Price Quote 440 Washington Avenue Prepared For:Corpus Christi,TX Model Year: 2016/2017 North Haven,CT 06473 Attention: Pricing Miles: 18,000 excess charge.12 per mile Tel: 203-234-6850 Date Prepared: 6/13/2017 Terms: Net 30 Fax: 203-234-6858 TIN: 06-1425257 Minimum Order: N/A Item Vehicle Lease Rate No. Description Make Model Term Monthly Cost Ford or 001 Truck Chevrolet 1/2 Crew 12 Months $643.00 Choice Chevrolet or 004 SUV Nissan SUV-Mid 12 Months $643.00 Choice Page 1 of 1 Attachment C: Insurance/Bond Requirements Section 5. Insurance; Bonds. (B) is not required for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section B. Warranty. Is not required for this Serivice Agreement. Page 1 of 1 mus c.� o� A. AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(aD.cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a).cctexas.com (361) 826-3169 Purchase of Ambulance Stretchers, Power Loaders, and Maintenance Agreement CAPTION: Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. PURPOSE: This item is to approve the purchase a total of four ambulance stretchers, power loaders and a seven-year maintenance agreement for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: The stretchers will be used by the EMS Division of the Fire Department for emergency medical response services. The two powered stretchers, with powered loaders will be replacing manual stretchers in our fleet. The two manual stretchers will be used when the powered versions are being serviced. These patient mobility devices will improve worker and patient safety by reducing medic fatigue and injury. The purchase will result in eight of the eleven ambulances being equipped with powered stretchers. In an email dated October 29, 2017, $850,000 was allocated for capital purchases of three ambulances from the Fiscal 2018 budget. The actual cost has been determined to be $669,725. Therefore, the department requests approval to utilize the remaining balance to purchase additional capital items. 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: Fleet Maintenance Service FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $8,902,438.94 $0 $8,902,438.94 Encumbered / Expended Amount $4,770,576.81 $0 $4,770,576.81 This item $117,297.60 $0 $117,297.60 BALANCE $4,014,564.53 $0 $4,014,564.53 Fund(s): Fleet Maint Svc Comments: The cost is for a total amount not to exceed $117,297.60 is funded in FY2018-19 in the Equipment Purchases Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION AMBULANCE STRETCHERS BUYER: MINERVA ALVARADO SOLE SOURCE STRYKER CHICAGO,ILLINOIS ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Power-Pro XT Stretcher 17 937.66 2 $35,875.32 2 Seven-year Power-Pro XT Maintenance Agreement 3,466.80 2 $6,933.60 3 Power Load 21,448.44 2 $42,896.88 4 Seven-Year Power Load Maintenance Agreement 6,873.30 2 $13,746.60 5 Performance Pro Manual Stretcher 7,160.40 2 $14,320.80 6 Seven-year Performance Pro Maintenance Agreement $1,762.20 2 $3,524.40 TOTAL $117,297.60 Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. WHEREAS, stretchers, power loaders and maintenance agreement for the Corpus Christi Fire Department will be purchased by Fleet Maintenance Services; WHEREAS, the stretchers will be used by the EMS Division of the Fire Department for emergency medical response services. 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)(2) as this purchase preserves and protects the public health and safety of the City's residents. 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 purchase two power stretchers, two manual stretchers, two power loaders and a seven-year Maintenance Agreement from Stryker Medical of Chicago, Illinois, for a total amount not to exceed $117,297.60. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas day of , 20 Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 1599 U Ambulance Stretchers Maintenance Plan for CCFD bO RPOR Af� 1852 THIS Ambulance Stretchers Maintenance Plan for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Stryker Medical ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Ambulance Stretchers Maintenace Plan for CCFD 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 Ambulance Stretchers Maintenance Plan 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 84 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 $24,204.60, 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 Kenneth Erben Fire Department 361 .826.3931 Kenneth EC 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: Kenneth Erben Assistant Fire Chief 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 361 .826.3931 Fax: 361 .826.4223 IF TO CONTRACTOR: Stryker Medical Attn: Lauren Kuhner Sales Account Manager P.O. Box 93308, Chicago, Illinois 60673 281 .217.9301 Fax: 281 .217.9301 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: ,r- Printed Name: Title: Date: 'loci CITY �(�- 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 � Usc Attachment A: Scope of Work off' ypp P#p��& 9 1852 SCOPE OF WORK: • Maintenance agreement shall be for seven years. • Agreement shall include one preventative maintenance per year. • Agreement shall provide all parts and labor. • Covers all non-scheduled on demand services. Page 1 of 1 str kers Attachment B: Bid/Pricing Schedule Comprehensive Quotation Sales Account Manager Remitto: Lauren Kuhner Stryker Medical Lauren.Kuhner@stryker.com P.O.Box 93308 Cell:281-217-9301 Chicago,IL 60673-3308 End User Shipping Address Shipping Address Billing Address 1280030 1280030 1196754 CORPUS CHRISTI FIRE DEPT CORPUS CHRISTI FIRE DEPT CITY OF CORPUS CHRISTI 1501 HOLLY RD 1501 HOLLY RD 2406 LEOPARD CORPUS CHRISTI,TX 78417-2010 CORPUS CHRISTI,TX 78417-2010 STE 201 CORPUS CHRISTI,TX 78401-3720 Customer Contact Ref Number Date PO Number Reference Field Quote Type 6438946 03/28/2018 QUOTE Line Quantity Item Description Part# Unit Price Extended Price Item Comments 1.00 2 Protect Power Cot-7 Year 77105001 $3,466.80 $6,933.60 2.00 2 Protect Manual Cot-7year 77218001 $1,762.20 $3,524.40 3.00 2 Protect Power-LOAD-7year 77506001 $6,873.30 $13,746.60 Note: Product Total $24,204.60 Freight $0.00 Tax $0.00 Total Incl Tax&Freight $24,204.60 r Signature: Title/Position: _Date: Deal Consummation:This is a quote and not a commitment.This quote is subject to final credit,pricing,and documentation approval.Legal documentation must be signed before your equipment can be delivered.Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice:Recipient will not disclose to any third party the terms of this quote or any other information,including any pricing or discounts,offered to be provided by Stryker to Recipient in connection with this quote,without Stryker's prior written approval,except as may be requested by law or by lawful order of any applicable government agency. Terms:Net 30 Days.FOB origin.A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1-800-STRYKER. Cancellation and Return Policy:In the event of damaged or defective shipments,please notify Stryker within 30 days and we will remedy the situation.Cancellation of orders must be received 30 days prior to the agreed upon delivery date.If the order is cancelled within the 30 day window,a fee of 25%of the total purchase order price and return shipping charges will apply. Page 1 of 1 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 Fire Chief one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements CCFD Stryker Equipment Purchase and Maintenance Service Agreement 03/22/2018 sw Risk Management Valid Through 12/31 /2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. is null for this Service Agreement. se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Generator Service and Repair for Corpus Christi Fire Department for a Two- year Service Agreement not to Exceed $38,700, with One One-year Option and Total Potential Multi-year Amount of Up to $58,050 CAPTION: Motion authorizing a two-year service agreement for generator service and repair with Loftin Equipment Company, Inc. of San Antonio, Texas for an amount not to exceed $38,700, with one one-year option for a total potential multi-year amount of$58,050. PURPOSE: The service agreement will secure a contractor for generator services for Corpus Christi Fire Department (CCFD) facilities. BACKGROUND AND FINDINGS: Generators provide the stations with vital electrical power. The generators power the overhead doors, and other important systems with the stations. More importantly, they provide power to our radios and other essential communications systems. Emergency responder radio equipment, as found in the stations, must have back up power, as required by the fire code. Within CCFD facilities this back up power comes from properly operating electric power generators. These generators require routine maintenance and at times major repairs. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received six responsive, responsible bids and is recommending the award to Loftin Equipment Company, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $491 ,194.00 $49,987.50 $541,181.50 Encumbered / Expended Amount $266,703.61 .00 $266,703.61 This item $8,062.50 $49,987.50 $58,050.00 BALANCE $216,427.89 .00 $216,427.89 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $38,700 of which $8,062.50 is funded in FY2017-2018 budget. The total contract value will be $58,050 if option year 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 PURCHASING DIVISION RFB1528-Generator Sevice/Repair BUYER: MINERVA ALVARADO For Corpus Christi Fire Department Generator Preventative Technician Regular Hours Technician After Hours Maintenance Parts Stewart& Qty- Unit Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Stevenson 2yr. Corpus Christi, TX HR 160 $ 140.00 $ 22,400.00 40 $ 210.00 $8,400.00 80 $140.00 $ 11,200.00 $10,000 35% $13,500 $55,500.00 Holt Texas, Qty- LTD Unit 2 Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Yr. San Antonio, TX HR 160 $ 135.00 $ 21,600.00 40 $ 202.50 $8,100.00 80 $ 95.00 $ 7,600.00 $10,000 25% $12,500 $49,800.00 Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Kentech,Inc. 2yr. Porter,TX HR 160 $ 95.00 $ 15,200.00 40 $ 142.50 $5,700.00 80 $ 95.00 $ 7,600.00 $10,000 20% $12,000 $ 40,500.00 Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total U Power,Inc. 2yr. Austin,TX HR 160 $ 95.00 $ 15,200.00 40 $ 127.50 $5,100.00 80 $ 90.00 $ 7,200.00 $10,000 20% $12,000 $ 39,500.00 Loftin Equipment Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Company,Inc. 2yr. San Antonio, TX HR 160 $ 90.00 $ 14,400.00 40 $ 135.00 $5,400.00 80 $ 80.00 $ 6,400.00 $10,000 25% $12,500 $ 38,700.00 MNI Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Maintenance 2yr. Gregory,TX HR 160 $ 95.00 $ 15,200.00 40 $ 125.00 $5,000.00 80 $ 95.00 $ 7,600.00 $10,000 25% $12,500 $ 40,300.00 SC 0 > SERVICE AGREEMENT NO. 1528 U Generator Service and Repair for CCFD bO RPOR Af� 1852 THIS Generator Service and Repair for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Loftin Equipment Company, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Generator Service and Repair for CCFD in response to Request for Bid/Proposal No. 1528 ("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 Generator Service and Repair 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 24 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 one 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 $38,700, 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 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 (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 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, #300, Corpus Christi, Texas 78408 361 .826.8427 Fax: 361 .826.4515 IF TO CONTRACTOR: Loftin Equipment Company, Inc. Attn: Steven Stewart Account Manager 1241 Universal City Blvd., San Antonio, Texas 78148 210.881 .1623 Fax: 210.881 .1623 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 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. CONTRACTOR'S INDEMNITY DOES NOT EXTEND TO ANY CLAIMS RESULTING SOLELY FROM THE NEGLIGENCE OF ANY OF THE INDEMNITEES. 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 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. 26. Limitation on Liability. Neither Party shall be liable to the other Party for indirect, special, consequential, incidental multiple or punitive damages, or any damage deemed to be of an indirect or consequential nature, arising out of or related to its performance under this Contract, whether based upon breach of contract, warranty or negligence, and whether grounded in tort, contract, civil law or other theories of liability, including strict liability. The term (consequential damages) shall include, but not be limited to, loss of anticipated profits, loss of use, loss of revenue and cost of capital. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 CONTRACTOR Signature: Printed Name: Title: cca.AAd 106WAgWL Date: .3/�8 ko/a CITY OF CORPUS CHRISTI Signature: Printed Name.- Title: ame:Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1 528 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work 1 General Reguirements/Background Information The Contractor shall provide Generator Repair and Preventive Maintenance Services for Fire Stations located throughout the City of Corpus Christi. 2 Scope of Work A. Service Requirements 1 . Contractor shall service Generac, Kohler, and Cummins generators. 2. Service Technicians must have mechanical capabilities to repair, maintain, and service generators. 3. Contractor shall be available for emergency repairs and/or troubleshoot if generator is not working properly. 4. Contractor shall be able to perform specified services 24 hours a day, 365 days a year on an as needed basis. The City will use prudent judgment when calling after regular working hours for specific services. 5. Contractor shall be available within 24 hours post storm (hurricane, tornado, etc.) to repair generators damaged during storm. 6. Contractor shall receive work order requests via telephone and must respond within 30 minutes of call being placed by the Fire Department or within a reasonable time frame of the call being placed. 7. Contractor shall be on site within four hours with the exception of storm events or within an agreeable timeframe determined by the Fire Department and the Contractor upon receipt of service request. 8. Contractor shall repair the generator operational 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 the 24 hours timeframe. 9. All parts installed or replaced shall be Original Equipment Manufacturer (OEM), new and unused. B. Service requests are to be accepted by the following authorized personnel 1 . Assistant Chief of Support Services 2. Captain assigned to Facility Maintenance 3. Battalion Chief of Duty during emergency situations C. Contract Administrator or representative will authorize the work to be performed. Page 1 of 4 D. Contractor will check in and check out with the station Captain or other station personnel before and after all authorized work is performed. E. All repairs shall be completely documented by the Contractor. A copy of each service request 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 4. Type of repairs or work performed F. If any generator is deemed non-repairable, the Contractor shall immediately notify the Contract Administrator 3 Preventative Maintenance A. Each Fire Station generator will require a complete preventative maintenance service to be completed on or before June l st of each year once contract has been issued. B. Complete preventative maintenance service shall include but is not limited to: 1 . Complete inspection of engine, generator, and associated equipment to include: battery, battery charger, control panel, gauges, support structure, mounting systems, fuel tank where applicable and exterior of equipment. 2. Check and test all safety devices 3. Check coolant (if applicable) 4. Check for fault codes and correct deficiencies 5. Verify voltage and frequency output 6. Adjust engine speed 7. Adjust fuel regulator (if applicable) 8. Inspect fuel system, air intake and exhaust systems 9. Inspect oil for contamination, if necessary, perform metal wear analysis 10. Test and inspect battery charging battery cable and connections 11 . Perform fuel analysis, if necessary (diesel fuel generator) 12. Remove and replace lubricating oil and filters 13. Remove and replace fuel filter and air filter Page 2of4 14. Remove and replace spark plugs 15. Test and inspect battery charging system for proper function 16. Manually start the generator 17. Perform load test 18. Document and provide report of service 19. Dispose of any used parts and fluids in accordance with current EPA and/or TCEQ rules and regulation 20. Transfer switches: a. Inspect and clean each drive b. Lubricate moving parts and contact surfaces c. Inspect and ensure all connections are tight and meet required and/or recommended torque specifications d. Perform power transfers to ensure proper operation 4 Work Site and Conditions The work shall be performed at the following fire stations: Station Address/Zip Code Phone Number 1 514 Belden / 78401 361-826-8054 2 13421 Leopard St. / 78410 361-826-1245 3 1401 Morgan Ave. / 78404 361-826-1250 4 2338 Rodd Field Rd. / 78414 361-826-1247 5 3105 Leopard St. / 78408 361-826-4648 6 6713 Weber Rd. / 78413 361-826-8071 7 3722 S. Staples / 78411 361-826-8075 8 4645 Kostoryz / 78415 361-826-8077 9 501 Navigation Blvd / 78408 361-826-1255 10 1550 Horne Rd. / 78416 361-826-1258 11 910 Airline Rd. / 78412 361-826-8073 12 2120 Rand Morgan Rd. / 78410 361-826-8120 13 1802 Waldron Rd. / 78418 361-826-8080 14 5901 S. Staples St. / 78413 361-826-8150 15 14202 Commodores Dr. / 78418 361-949-9934 16 8185 State Hwy 361 / 78418 361-826-4183 17 6869 Yorktown / 78414 361-826-8050 18 6226 Ayers / 78415 361-826-8061 Shop/Warehouse 1501 Holly Rd. / 78417 361-826-3923 Old Station 5 3312 Leopard St. / 78408 ------------------ Page 3 of 4 5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6 Warranty Warranty on all repairs shall be 90 days or better for all labor and materials Page 4 of 4 Attachment B: Bid/Pricing Schedule S CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1528 Cox 41, Generator Service and Repair for Corpus Christi Fire Department Date: 3/19/2018 PAGE I OF I Loftin Equipment Company, Inc. 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. Item Description UNIT QTY Unit Price Total Price Technician regular hours - $90.00 $14,400.00 1 Monday thru Friday 8:00am- HRS 160 5:00pm Technician after hours - 2 Monday thru Friday 5:01 pm- HRS 40 $135.00 $5,400.00 7:59am; Saturday/Sunday/holidays 3 Generator Preventative HR 80 $80.00 $6,400.00 Maintenance Price + Item Description Unit Qty % Markup Markup Total 4 Parts EA $10,000.00 25% $12,500.00 Total 1$38,70(Too Total = 2 years of service 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 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 WORKERS'S COMPENSATION Statutory and complies with Part B (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements Purchasing Generator Service and Repairs 02/05/2018 sw Risk Management Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty on all repairs shall be 90 days or better for all labor and materials. Page 1 of 1 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 Jay Ellington, Director of Park & Recreation Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Dates Agenda Category Le istar ID April 24, 2018 Motion 18-0426 May 8, 2018 Agenda Title: Construction Contract— Community Park Development and Improvements, West Guth Park PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute construction contract o With Mako Contracting, LLC. of Corpus Christi, Texas o In the amount of$909,407.08 for base bid and additive alternates No. 1 & 2 o For the Community Park Development and Improvements —West Guth Park Project SUMMARY ➢ Proposed improvement: o Irrigation upgrades and extensions o New open-air pavilion o Landscaping &trails o Park signage o Disc golf tee-box and basket improvements o Two horse shoe courts o Park entry improvements ■ New stone monument, ■ Landscaping ➢ Future improvements by Park & Recreation Department o New park system equipment ➢ Pool upgrades and improvements performed as a separate project PRIOR COUNCIL ACTION ➢ February 21, 2017 —City Council awarded professional services contract to Turner Ramirez Architects FINANCIAL CONSIDERATIONS ➢ Bond 2012, Proposition 4 ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Letter of Recommendation FUTURE ACTIONS ➢ Award contract for new park system equipment (Park & Recreation) Project No.E14016 KM/CJ Rev.0—04/02/18 Item Details Legistar # 18-0426 Construction Contract— Community Park Development and Improvements —West Guth Park (Bond 2012, Proposition 4) Council Meeting Dates: Item Being Considered: Future Item —April 24, 2018 Motion Action Item - May 8, 2018 RECOMMENDATION: Authorization to award a construction contract with Mako Contracting, LLC of Corpus Christi, Texas in the amount of$909,407.08 for the Community Park Development and Improvements —West Guth Park project for the base bid plus additive alternates 1 and 2 (Bond 2012, Proposition 4). BASE BID: West Guth Park consists of several improvements to the existing park. A new 6' wide concrete walk around existing pool and parking lot. A new 2200 sq. ft. new open-air pavilion with a new 12' wide stamped concrete walk from new pavilion to existing pool. Landscaping throughout new trails with ornamental and shade trees including irrigation. Existing 18-hole disk golf course will contain new tee- pads, tee signage and removable baskets. ALTERNATE No. 1: Two horse shoe courts with a 12" deep masonry bed. ALTERNATE No. 2: Park entry improvements, a new stone entry monument to replace existing stone monument and landscaping. BID SUMMARY Additive Additive Total Contractor Base Bid Alternate 1 Alternate 2 Base Bid Plus Add. Alt. 1 & 2 Mako Contracting, LLC $842,517.08 $2,950.00 $63,940.00 $909,407.08 Corpus Christi, Texas Gourley Contractors $1,100,093.61 $12,417.10 $115,533.01 $1,228,043.72 Corpus Christi, Texas D&SS Construction $1,112,124.42 $11,808.13 $112,089.96 $1,236,022.51 Corpus Christi, Texas $ 1,219,514 nn ria h r,st�, Te�c� ABBA Construction, LLC $1,268,777.00 $20,000.00 $72,000.00 $1,360,777.00 Laredo, Texas Engineer's Opinion of $1,120,000.00 Probable Construction Cost NOTE: Strikethrough indicates non-responsive bid. Project No. E14016 1 KM/CJ Rev.3—04/11/18 SUMMARY: West Guth Park is a well-used regional park within the Northwest area of the City. Existing pavilion structural integrity is deteriorating and the structure is scheduled to be demolished. The lack of paved walk ways in the park will be addressed with new proposed trails. The proposed trails will include designated areas for landscaping, which are nonexistent in the current park. Other proposed improvements to the park include irrigation upgrades and extensions, a new open-air pavilion, landscaping, trails, park signage, disc golf tee-box and basket improvements. New park system equipment (playscape equipment and bedding with drainage and perimeter curbs, benches, and tables) will be provided and installed by Parks and Recreation Department as a future improvement. The City received bids from five contractors on February 28, 2018. One bid, which was substantially higher in cost than the low bid, was incomplete and was determined to be non-responsive. This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Turner Ramirez Architects was selected for this project through RFQ No. 2012-03 dated August 31, 2012. The pool improvements were awarded as a separate project and contract in September 2017 and are in construction phase. PREVIOUS COUNCIL / BOARD ACTIONS: February 21, 2017 — City Council awarded contract to Turner Ramirez Architects for design, bid and construction phase services. Project No. E14016 2 KM/CJ Rev.3—04/11/18 PROJECT BUDGET ESTIMATE Community Park Development and Improvements- West Guth Park Bond 2012, Proposition 4 PROJECT FUNDS AVAILABLE: Park Bond 2012, Proposition 4................................................................................. 1,279,544 TOTAL FUNDS AVAILABLE 1,279,544 FUNDS REQUIRED: Construction Fees:................................................................................................ 1,000,348 Construction (Mako Contracting, LLC) THIS ITEM 909,407 Contingency(10%)......................................................................... 90,941 Construction Inspection and Testing Fees:................................................................. 55,537 Construction Inspection TBD (3%)..................................................... 37,537 Construction Phase- Materials Testing Services .................................. 18,000 Design and Geotechnical Fees:............................................................................... 160,134 Preliminary Engineering (Turner Ramirez Architects).......................... 30,715 Design Engineering (Turner Ramirez Architects)................................ 125,919 Geotechnical Testing (Professional Service Industries, Inc.)................. 3,500 Reimbursements:.................................................................................................. 63,525 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)......... 25,025 Engineering Services(Project Mgt).................................................. 37,500 Misc. (Printing, Advertising, etc.)...................................................... 1,000 TOTAL 1,279,544 ESTIMATED PROJECT BUDGET BALANCE 0 NUECES RIVER Li NUECES BAY N �o SCALE: N.T.S. F� (i�TO ti O Op0R w Z Q PROJECT LOCATION SHIP CHANN $ CORPUS CHRISTI � ppgRp � z I Q Y QOM � LEOPARD g U a z 44 gq CORPUS CHRISTI p <pk/N 286 INTERNATIONAL ~ AIRPORT ORGP O 358 > M 9l OCA N Z �ti N o � o � MOgRp�� U A. y0< O� <Y h Oji �Q 358 Q� �SgRgTpcq��0 2�Q CABAN I SS FIELD <vC9 Qv 43 2 286 O`s0 2� w Q z OAF U� F Q 2444 LOCATION MAP NOT TO SCALE Project Number: E14016 CITY COUNCIL EXHIBIT West Guth Park (Bond 2012) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES ,A Corpus Chr sti Engineering Community Park Development and Improvements - West Guth Park Improvements (Bond 2012) Council Presentation April 24, 2018 Project Location Corpus*Ch,sti Engineering NUECES RNER N WEST GUTH PARK NUECES BAY SCALE:N.T.S. (BOND 2012) NNAVILLE of SHIP—INNE h cO��'0oa N - CORPUS CHRISTI <Fp F CIPPI— RO I LEOPARD I �CO 213. AIRPORT TIOCNNL\1EI V ORGP o o �} 3� M�RDCF O�UHgR y Sp �0 2 Project Vicinity Corpus Chr sti C Engineering WEST GUTH PARK N N (BOND 2012) SCALE N Ts. I. ILI 3 ' Project Scope Corpus Chrsti Engineering This project includes: • New 2,200 sf open-air pavilion. • 12-ft wide stamped concrete walkway from new pavilion to the renovated pool expanding 250-ft east to west. • Landscaping throughout new trails with ornamental and shade trees. • Upgraded irrigation system. • New tee pads, signage and removable baskets for existing 18 hole disk golf course. • Alternate 1: Includes two horseshoe courts with 12-inch deep masonry bed. • Alternate 2: Includes park entry improvements to replace existing stone monument and landscaping. Project Schedule Corpus Chr sti Engineering 1 m W W LU a � --,Ia N O z LL. BID / i CONSTRUCTION AWARD i Project Construction Estimate � 7 Months Projected Schedule reflects City Council award in April 2018 with anticipated completion in December 2018. Schematic Design Corpus*Ch,sti Engineering ua xrvEana LEGEND � i.rvEw vnv�uon a.nocKECE neEas ourtr G PARING � ib mNcaara uuir vavaa muarvaau / i�_r000lw_�riu noeaE aez er_cEsc ia.vnaa aurin inwoveaE— \1/ 6 Landscape Plan *Ch,c « ,IAI - . ^0° _ ? g . 7 TURNER I RAMIREZ ARCHITECTS March 7, 2018 Attention:Jeff Edmonds, P.E., Director of Engineering Services Engineering Services City of Corpus Christi 1201 Leopard St., 3rd Floor, P.O. Box 9277 Corpus Christi, TX 78469-927 RE: Project No. E1016 -West Guth Park Improvements (Bond 2012) Mr. Edmonds, Engineering Services received five (5) proposals from bidders Wednesday, February 28, 2018. TurnerlRamirez Architects subsequently reviewed for accuracy and compliance with the bid documents and determined the apparent low bidder is Mako Contracting, LLC, of Corpus Christi, TX. Mako Contracting, LLC, submitted all required documents and acknowledged all requests as set forth in the bid documents prepared by TurnerlRamirez Architects. Based on review of all documents and submitted references, Mako Contracting, LLC, has the qualifications, relevant experience, and capabilities to perform the work. TurnerlRamirez Architects would like to formally recommend the construction contract award to Mako Contracting, LLC of Corpus Christi, TX, in the total amount of $909,407.08 for the West Guth Park Improvements, Project No. E14016, Base Bid plus Additive Alternative No. 1 & No. 2. The construction duration for this project is 210 days of receipt of the notice to proceed. If you have any questions or concerns, please do not hesitate to call me. Sincerely, Philip J. Ramirez, AIA, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 1 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEllCa-)-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2Ca-)-cctexas.com (361) 826-3169 Playground Equipment and Installation for Phase 2 and 3 of the Play for All Playground at Manuel Q. Salinas Park CAPTION: Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment for phase 2 and 3 for the play for all playground at Manuel Q. Salinas Park from ExerPlay Inc. of Cedar Crest, New Mexico, via BuyBoard, for a total amount not to exceed $202,129.15. PURPOSE: To approve the purchase of playground equipment and installation for new components at the Play for All Playground at Manuel Q. Salinas Park. BACKGROUND AND FINDINGS: This agenda item is to purchase equipment for phase 2 and 3 of Manuel Q. Salinas Park play for all playground to complete the build-out of the City of Corpus Christi's first inclusive playground. This includes additional playground equipment and a shade canopy over a portion of the playground. Funding for this purchase is from the FY 2017 Community Development Block Grant. The equipment identified will allow for use by all abilities and meets goal 3 of the 2012 Parks and Recreation Master Plan by providing additional opportunities for all. 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: Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $225,000.00 $0.00 $225,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $202,129.15 $0.00 $202,129.15 BALANCE $22,870.85 $0.00 $22,870.85 Fund(s): CDBG Grants Comments: The playground equipment and installation are designed to complete Phase 2 and 3 of the existing play for all playground at Manuel Q. Salinas Park and is fully funded by a CDBG Grant. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER: ROBERTA ORTIZ AND INSTALLATION TLGPC CONTRACT 512-16 EXERPLAY INC. CEDAR CREST, NEW MEXICO UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PHASE 2-SHADE STRUCTURE Shade-50'x74'Extended Super Hip Shade 1. Sturcture, 14'Entry 1 EA $48,363.00 $48,363.00 2. BuyBoard Contract Discount 1 EA $2,418.15 3. Freight/Shipping Charge 1 EA $1,175.00 $1,175.00 4. Installation of Shade Structure 1 LS $47,734.00 $47,734.00 PHASE 3-EQUIPMENT&FALL ZONE 5. Pla Booster Caro Net Climber 1 EA $10,725.00 $10,725.00 6. Single Post Swing Frame 8'Beam 1 EA $1,115.00 $1,115.00 7. Single Post Swing Frame Addition 1 EA $835.00 $835.00 8. Belt Seat 2 EA $110.00 $220.00 9. Molded Bucket Seat 2 EA $710.00 $1,420.00 10. Oodle Swing 1 EA $4,700.00 $4,700.00 11. Pla Booster Drawing 160817E 1 EA $15,560.00 $15,560.00 12. Tender Tuff Bench 92"with Back 1 EA $535.00 $535.00 13. BuyBoard Contract Discount 1 EA $1,755.50 $1,755.50 14. Freight/Shipping Charge 1 EA $2,340.00 $2,340.00 15. 1 Poured-in-Place 1 LS $40,480.00 $40,480.00 16. BuyBoard Contract Discount 1 EA $2,215.20 17. Installation of Playground Equipment 1 LS $13,167.00 $13,167.00 3200 saft Compacted Aggregate and 165 If 18. Concrete Curbing 1 LS $14,919.00 $14,919.00 19. Required CDBG Project Sin 1 EA $300.00 $300.00 20 Payment and Performance Bond Fee 1 EA $4,930.00 $4,930.00 Total Price $202,129.15 s �o H U Service Agreement No. 58812 "c1852Y° Playground Equipment and Installation Phase 2 & 3 at Manuel Q. Salinas Park THIS Playground Equipment and Installation Phase 2 & 3 at Manuel Q. Salinas Park Service Agreement ("Agreement") is entered into by and between ExerPlay Inc. ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide playground equipment to include all associated material and installation for phase 2 and 3 at Manuel Q. Salinas Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment and all associated material for Phase 2 & 3 at Manuel Q. Salinas Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $202,129.15, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. 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 the 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 full 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 set out here in its entirety. 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. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget Page 2 of 6 item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Contractor EXerPlay Inc. Contact Charles DeBuck Address: 12001 N Hwy 14 City, State, Cedar Crest, NM, 87008 Phone: (800) 457-5444 Fax: (505) 281 -0155 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.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 form 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. 21.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 Page 4 of 6 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 OF 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. 22.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. Page 5 of 6 CONTRACTOR Signature: Printed Name: tiarah Love Title: Contract Administrator Date: 04/06M8 CITY OF CORPUS CHRISTI Signature: Printed Name:. Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Federal Requirements Page 6 of 6 Attachment A: Scope of Work 1 .1 . Scope of Work A. Company will provide equipment and installation on selected playground equipment, shade structure and pour in place fall surfacing at Manuel Q. Salinas Park located at 1354 Airport Rd., Corpus Christi, Texas 78415: 1 ) Installation of playgrounds will include (a) Grading for base installation for pour in place surfacing (b) Installation of playground per manufactures instructions 2) Installation of a 3200 square foot compacted aggregate base (a) all material and work to complete compacted aggregate base (b) all material and work to complete clean up. 3) Installation of 3200 SF at required depth per fall height of one poured in place rubber pad including (a)all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) Installation of 50' X 74' hip shade structure with 14' entry height (a) Installation of playground per manufactures instructions 5) Posting of Community Development Block Grant project sign for duration of project 6) All material and work to complete clean up 1 .2. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Price Schedule Yla DATE NUMBER PO Box 1160 Crest 505.NM 8870 08-1160r . 155 Toll Free 800.457.5444 Pc 2/12/2018 MM020718-5 www.exerplay.com QUOTATION Quote Prepared for: Purchase Order to be Issued To: City of Corpus Christi Exerplay, Inc. Manuel Salinas PO Box 1160 Cedar Crest, NM 87008-1160 Please fax a copy to Exerplay:505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Common Carrier Net 30 CD CorpusChristi 6- 8 Wks ARO ITEM DESCRIPTION QTY COST TOTAL Manuel Salinas Park Phases 2 & 3 Corpus Christi, TX PHASE 2 LANDSCAPE STRUCTURES Shade 50'x 74' Extended Super Hip SHade Structure, 14' 1 48,363.00 48,363.00 Entry BuyBoard Contract#512-16, 5% -2,418.15 -2,418.15 Freight Freight/shipping charges (111723) 1,175.00 1,175.00 Install Installation of Shade Structure 47,734.00 47,734.00 PHASE 3 LANDSCAPE STRUCTURES PlayBooster Per Drawing#16081 E, Cargo Net Climber and (4) 1 10,725.00 10,725.00 Digifuse Panels 177332A Single Post Swing Frame 8' Beam Height Only 1 1,115.00 1,115.00 177333A Single Post Swing Frame Additional Bay 8' Beam 1 835.00 835.00 Height Only 174018A Belt Seat w/Chains ProGuard Chains for 8' Beam 2 110.00 220.00 Height 177351A Molded Bucket Seat (5-12 yrs)w/Harness & Chains 2 710.00 1,420.00 ProGuard Chains for 8' Beam Height 173592A Oodle®Swing 1 4,700.00 4,700.00 PlayBooster Per Drawing#160817E 1 15,560.00 15,560.00 141683E TenderTuffTA° Bench 92"w/Back, w/o Armrests, DB 1 535.00 535.00 BuyBoard Contract#512-16, 5% -1,755.50 -1,755.50 Freight Freight/shipping charges (150-86-18) 2,340.00 2,340.00 FLEXITURF PIP Poured-in-Place, 4"Thickness in Swing Area, 2" 40,480.00 40,480.00 Thickness at Playground Area, 100% Color, 3200 SgFt, Delivered and Installed BuyBoard Contract#512-16, 5% -2,215.20 -2,215.20 Install Installation of Playground Equipment 13,167.00 13,167.00 Sub Base 3200 sqft Compacted Aggregate and 165 If 14,919.00 14,919.00 Concrete Curbing Quote prepared by Michelle Mckean TOTAL m i ch e Ile(a(exe rp lay.c om Page 1 of 2 PO Box 1160 � CedarxCrest NM 887008-1160.0155 70 08-1160 exe r lay DATE NUMBER Toll Free 800.457.5444c 2/12/2018 MM020718-5 www.exerplay.com QUOTATION Quote Prepared for: Purchase Order to be Issued To: City of Corpus Christi Exerplay, Inc. Manuel Salinas PO Box 1160 Cedar Crest, NM 87008-1160 Please fax a copy to Exerplay:505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Common Carrier Net 30 CD CorpusChristi 6- 8 Wks ARO ITEM DESCRIPTION QTY COST TOTAL Sign CDBG Project Sign 300.00 300.00 Bond Performance/Payment Bond 4,930.00 4,930.00 Notes I Pricing is for the above listed equipment and 0.00 installation only and does not include off loading of equipment at time of delivery, storage, security, site preparation, security fencing, or any applicable permits. -Plywood will be set in place to minimize damage to existing safety surfacing, in the event of damage to existing surfacing, it will be repaired by the surfacing installers -Access for heavy equipment must be available Pricing is good for 90 days. Quote prepared by Michelle Mckean TOTAL $202,129.15 michelle aJ'• P exec Z com Page 2 of 2 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 INSTALLATION FLOATER Value of the equipment Page 1 of 7 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 7 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 Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 7 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi, Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 58812 - Playground Equipment and Installation Telephone (main number): Phase 2 & 3 at Manuel Q. Salinas Park Telephone (for notice of claim): Local Agent for Surety Award Date of the Contract: Name: 12018 Address: Contract Price: $202,129.15 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q. Salinas Park Rev.01-13-2016 Page 4 of 7 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q.Salinas Park Rev.01-13-2016 Page 5 of 7 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi, Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 58812- Playground Equipment and Installation Phase 2& 3 at Manuel Q. Salinas Park Telephone (for notice of claim): Award Date of the Contract: Local Agent for Surety 12018 Name: Contract Price: Address: $202,129.15 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Performance Bond 006113- 1 58812-Playground Equipment and Installation Phase 2&3 at Manuel Q.Salinas Park Rev 01-13-2016 Page 6 of 7 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q. Salinas Park Rev 01-13-2016 Page 7 of 7 Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity -41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements Page 1 of 46 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 46 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 49 CFR Part 18.36(1)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 46 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 46 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 46 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 46 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874/40 U.S.C. 276c/ 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.do1.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 46 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 46 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 46 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 46 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ..... influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 46 knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 Page 1 of 4 General Decision Number: TX180031 01lG5/2016 TX31 Superseded General Derision Number: TX20170031 State: Texas Construction Type; Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PRouECTS (including Sewer and Water Line Construction and Drainage 'Projects) Note: Under Executive Order (EO) 136/58, an hourly minimum gage of $10.35 !or calendar year 2018 applies to all: contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable nage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(x) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification NwOer Publication Date 0 01/05/2018 * SUTX1987-001 12/0111987 Rates Fringes CARPENTER ('Excluding Form Setting) . . . . . . . ... . . . . . . . .. . . . . . .S 9.05 Concrete Finisher. . . . . . . . .. . . . . . .$ 7.56 ELECTRICIAN.. . . . . .. . . ... ... . . . . . .5 13.37 2.58 Laborers: Common.. . . . . . . . ... .... . . . . . .$ 7.25 Utility_ . . . . . .... . .. . . . . .. .S 7.68 Power equipment Operators: Backhoe. . . . . . . . . . . . . . . . . . .$ 9.21 Motor Grader. .. ..... . . . . . . . .S 8.72 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 111tps:llw,A,v,wdol.go%R//wdollscafilestdavisbaconyTX s!.dvb?art] N20/2018 Page 17 of 46 Page 2 of 4 ----------a iso_e: Exe2utive Order (W) 13706, Establishing Raid Sick Leave for Fede7a,l Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract =s awarded (and any solicitation was issued) on or after ,.1aruawy 1„ 2017. If this contract is covered by the W, the Contractor must provide employees with 1 hour of paid sick leave for every 30 hours -_hey work, ug to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other (health-related needs, including preventive care; to assist a family tafernber (or person who is like family to the employee} who is 1.11, injured, or has other hea.lrri-ralated needs, including preventive care; or for reasons resulting from, Or tc assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.govr/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the ClaeSificat_oa)•a listed may be added after award only as provided in z-3Laborstandards Contract clauses 129CYR 5.5 (a,) (1) (Ji: ) _ The body of each wage determination lista the Classification and wage rates that have bean found to be prevailing for the cited type(a) of construction in the area covered by the wage determinations, Th* classifications. are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (Current union negotiated rate for localM , a survey rate (weighted average rate) or a union average rate (weighted union average rate} . Union Efate Identifiers A tour letter classification abbreviation identifier enclosed in Clotted lines beginning with characters otter than "SU" or %AVG" denotes that the union Classification and rate were prevailing for that classification in the survey. Example: PLUM0196-005 07/011201.4. PLUM is an abbbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicate_ t a local union number or district council number where applicable, i.e., Flumbars Decal 0198. The near mum'her, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective elate of the most current negotiated rate, which in this example is July 1, 2014. [inion prevailing wage rates are updated to reflect all rate changes in the Collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers https,://www-wdol.gov/wdoVWAffllesYdavisbaconrFX+Ldvh?,o-0 3nO/2018 Page 18 of 46 C S 0r4 Classifications listed under the '-SU" identifier indicate that no one rate prevailed for this classification in the survey and rho Vnh7ish4d rate is doriv4d by computing a vaighted avers:qe rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and noxi-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2412 is the year of surrey on which these classifications and rates are based. The near. number, 007 in the example, is an internal number used in prod-u2inq the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that -clnnt-Fier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications, however, 100% of the data reported for the classifications was union data. EXMPLE: UAVG-OH-0010 03/29/2014. UAVG indicates that the rate is a weighted union average rate. Cf1 indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determinatior,. ,W 29/2014 indicates the Survey completion date for the classifications and rates under that identifier. A UAM$ rate will be updated once as year, usually in January of each year, to reflect a weighted average of the current negotiated/00A rats of the union locals from which the rate is based. ---------------------------------------------------------------- MAGE DETERMINATION APPEAIS PROCESS 1. ) Has there been an initial decision in the matter? This can te: * an existing published wage determination * a survey under2ying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter ' a conformance 4a*dditional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey wms rnnt+LrctP%d because those Regional Offices have responsibility for the Davis-Falcon survey program. If the response rrcn t s initial contact is net satisfactory, then the process mesr_iaed in 2.1 and 3a) should be followed. With regard to any other matter not yet ripe for the formal process deser3bed here, initial contact should bo with tha hitps-/Iwww.rvdc4.govAvdol/se4ics/dovisbaco n.+'rX3 l.dvb?v--O 3/2012018 Page 19 of 46 Page 4 of 4 Branch of Construction Wage Determinations, Write tet Branch of Constructions Jage Determinations Wage and Hour Division U.S. Dep,artpyent of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested Party (those affected by the action) can request review and reconsideration from the Mage and Hour Administrator (See 29 GFR Part 1.$ and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage 1SayJnent data, Project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal dire,-,tiy to the Administrative Review Hoard (formerly the wage Appeals Hoard). Write to! Administrative Peview Board V.SS DepartMent of Labor 204 Constitution Avenue, N.N. Washington, DC 20210 4.) All decisions by the Adtminiatrative Review Beard are final. .............. ....... ETD DF GENERAL RECISION https-./fwww.wdol.gov/ wdoYscari1esldavisbaconrFX31.dvb?v'-0 8 Page 20 of 46 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 150/5100-6d Page 21 of 46 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 22 of 46 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part II I summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.*A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 23 of 46 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts— Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/I HAs are to report all contracts/subcontracts. Page 24 of 46 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 25 of 46 917 3O 96 a6pd Contract and Subcontract Activity U.S. Department of /lousing and Urban Development OMB Approval No.: 2535-0117 (exp. 12/31,2006) Public Reporting burden for this collection of information is estimated to average .50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid Olvffi Control Number, Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shaII establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. lithe information is not collected HUD would not be able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents, HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice — The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, Untied Slates Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law. 1. Grantee/Project Owner/Developer/Sp onsor/Builder&Agency Check if; City of Corpus Christi PHA o IIA c 2. Location (City, State, ZIP Code) 1201 Leopard St., Corpus Christi, TX 78401 3a, Name of Contact Person Rudy Bente nenure , CD Administrator 3b. Phone Number (including Area Cede) 361-880-3017 4. Reporting Period El Oet.l— to Sept. 30, (Annual -FY) 5. Program Code {Not applicable For CPD programs.} ❑ See explanation of codes at bottom of page. Use a separate sheet for each program code. 6. Date Submitted to Field Office October 1 Grant/Project Number or HUD Case Number or other identification of property, subdivision, dwelling unit, etc. Project Name 7a. Amount of Contract or Subcontract 7b. Type of Trade Code (See below) 7c. Contractor or Subcontractor Business Racial/Ethnic Code (See below) 7d. Woman Owned Business (Yes or No) 7e. Prime Contractor Identification (ID)Number 7f Sec. 3 Conte . 7g. Subcontractor Identification (ID) Number 7h. Sec. 3 Sub. 7i. Contractor/Subcontractor Name and Address 7j. Name Street City State Zip 1= New Construction 2= Education/Training CPD: 6 HUD -Hold 3= Other 1= New Construction 2= Substantial Rehab. 7e: Type of Trade Codes Housi ng/Pu Mie Hou sing: (Management) 3= Repair 4= Service 5 -Project Mangt. 6= Professional 7-- Tenant Services 8= E ducation/Iraini ng 9=Arch.!Engrg, Appraisal 0= Other 1= White Americans 2= Black Americans 7d : Racist/Ethnic Codes: 3= Native Americans 4= Hispanic Americans 5= Asien/Pacific Americans 6- Hasidic Jews I=All insured, including Section 8 5—Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing and Public and Indian Housing programs only); 3= Sect ion 8 Noninsured. Non-HFDA 7= Public/Indian Housing 4= Insured (Management) form HUD -2516 (8148) I Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low—and Very Low-Income Persons Office of Fair Housina And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement HUD Field Office: 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3.Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training(**Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other(List) Total *Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(11/2010) Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 49 CFR Part 18.36(i)(8) Page 29 of 46 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: Title 49 CFR Part 18.36(i) Page 30 of 46 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(1) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Water Act Page 31 of 46 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 49 CFR Part 18.36&Public Law 94-163 Page 32 of 46 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29 &FAA Order 5100.38C Page 33 of 46 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 34 of 46 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29 &FAA Order 5100.38C Page 35 of 46 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 36 of 46 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (1) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 37 of 46 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Page 39 of 46 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 40 of 46 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 46 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 43 of 46 CDBG PROJECT SIGN Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background Black U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Letters (HUD) CDBG FUNDS: $ Total Project Cost: $ Blue Contractor, Background Address- Phone •_ White Letters 4' 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Page 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 1 1246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me,the undersigned authority in and for said State and County, (Name/Title) of (Name of Company) which firm is hereinafter called"Contractor",who being duly sworn states on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities(including, without limitation, all debts,obligations, and liabilities for labor, materials, equipment or services,and for all local, state or federal taxes)which have been incurred by Contractor,or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under cuntract with the City of Carpus Christi on the (Project Name) 2. This Affidavit and Waiver is made and given upon and In exchange for final payment of all sums due Contractor by the City of Carpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials,equipment or services referred to above. The above statements are made by (Name)of (Name of Company) individually and on behalf of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Page 46 of 46 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Jay Ellington, Director of Parks & Recreation JayEll(a�cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(o-)-cctexas.com (361) 826-3169 Purchase of Three John Deer Tractors for Parks Operations, Storm Water Division CAPTION: Motion authorizing the purchase of three John Deere tractors from Ag-Pro of Taft, Texas via BuyBoard, for the total amount not to exceed $57,187.26. PURPOSE: This item is to approve the purchase of three John Deere tractors for Parks Operations, Storm Water Division. BACKGROUND AND FINDINGS: The purchase of the three John Deere tractors are replacement units for unit #4834, a 2005 John Deere tractor; unit #4836 John Deere tractor; and unit #4853, a 2008 John Deere tractor. The tractors will be used by the Storm Water crews. These tractors have reached the end of their life cycle. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None 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: Park Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $87,800.00 $0.00 $87,800.00 Encumbered / Expended Amount $26,512.74 $26,512.74 This item $57,187.26 $0.00 $57,187.26 BALANCE $4,100.00 $0.00 $4,100.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION JOHN DEERE TRACTORS BUYER: MINERVA ALVARADO BUYBOARD CONTRACT: 529-17 Ag-Pro Taft,Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 IZ997 John Deere Tractor $19,062.42 3 $57,187.26 TOTAL $57,187.26 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., P.E., Director of Street Operations Meeting Date Agenda Category Le istar ID April 24, 2018 Motion 18-0424 May 8, 2018 Agenda Title: Amendment to Professional Services Contract—Strategic Integration (Travel Demand Model) Feasibility Stud PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No. 1 to professional services contract o With CDM Smith of Austin, Texas o In the amount of$410,045 o For a total restated fee of$459,998 o For the Strategic Integration (Travel Demand Model) Feasibility Study SUMMARY ➢ Federal Regulations— Metropolitan Planning Organizations (MPOs) develop Metropolitan Transportation Plans (MTPs) o Addresses future transportation demands in region ➢ Texas Department of Transportation (TxDOT) — o Responsible for preparing TDMs for MPOs ("Texas Package") o Does not include certain parameters (mode choice) o Results specific to region ➢ Cities contract consultants to customize Texas Package o Include mode choice o Additional localized data o Results specific to city ➢ Collaborative effort: o Corpus Christi MPO o City of Corpus Christi o Regional Transportation Authority (RTA) o TxDOT PRIOR COUNCIL ACTION ➢ January 17, 2017—City Council approved Advance Funding Agreement (AFA) with TxDOT and Interlocal Agreement ILA with RTA FINANCIAL CONSIDERATIONS ➢ Bond 2014, Proposition 2 — Future TxDOT Participation Project ➢ Additional funding — Federal Grant (through TxDOT), CCMPO contribution ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Contract FUTURE ACTIONS ➢ None Project No.T16356 SM/VP Rev.0—04/02/18 Item Details Legistar # 18-0424 Amendment to Professional Services Contract— Strategic Integration (Travel Demand Model) Feasibility Study Bond 2014, Proposition 2 — Future TxDOT Partici ation Council Meeting Dates: Item Being Considered: Future Item — April 24, 2018 Motion Action Item - May 8, 2018 RECOMMENDATION: Authorization to execute Amendment No. 1 to a professional services contract with CDM Smith, of Austin, Texas in the amount of $410,045, for a total restated fee of $459,998, for Strategic Integration (Travel Demand Model) Feasibility Study. SUMMARY: Federal planning regulations require Metropolitan Planning Organizations (MPOs)to coordinate with their State to develop Metropolitan Transportation Plans (MTPs)which address future transportation demands in their region. A computer model, known as a travel demand model (TDM), is the tool States use to assist MPOs in forecasting future travel demands. TDMs analyze existing conditions from a "base" year to predict future demands in a "forecast" year (up to 30 years in the future). Streets, urban highways, socioeconomic data (population, employment, etc.), commercial vehicle surveys and air quality surveys are typical data collected, analyzed, and incorporated into a TDM. The Texas Department of Transportation's (TxDOT) Transportation Planning and Programming (TPP) Division is responsible for preparing TDMs for MPOs. TxDOT's travel demand computer model is referred to as the "Texas Package". Some States develop TDMs following a four-step process that includes analysis of trip generation (number of trips made), trip distribution (where the trips go), mode choice (how trips are distributed among various modes of travel), and traffic assignment (which route trips take). The Texas Package does not include mode choice. MPOs for the Houston-Galveston and Dallas-Fort Worth region have taken responsibility for developing their own model. TXDOT provides the "Texas Package" for the remaining 23 of the State's 25 MPOs. MPOs for San Antonio and Austin, which are considered benchmark cities, have used consulting contracts to include mode choice and additional factors unique to their region to enhance the results of the "base" Texas Package. Enhancing the Texas Package permits better forecasting since consultants can input data unique to a specific City or region. TDMs are generally validated every 10 years. The last model update for the Corpus Christi Metropolitan Planning Organization (CCMPO) region, which includes Corpus Christi and portions of Nueces and San Patricio counties, occurred in 2006. Federal grant funding through the CCMPO, with a local match, is available for the City of Corpus Christi to use a qualified consulting firm to optimize the Texas Package through the Strategic Integration (Travel Demand Model) Feasibility Study project. The City will be able to use the mode choice process and input other "localized" data into the Texas Package. The result will be a TDM that is specific and unique to the transportation needs of Corpus Christi and not the entire CCMPO region. An enhanced TDM model, specific to Corpus Christi's conditions, provides a higher quality framework for the decision-making process for investment decisions on street (transportation) programming and expenditures for various City departments including Engineering Services, Development Services, and Project No.T16356 1 SM/VP Rev.0—04/02/18 Street Operations. Enhanced traffic projections will assist in updating the City's Urban Transportation Plan by providing forecasted volumes for integral arterial and collector streets and urban state highways. This more precise model will also assist in revamping existing Area Development Plans to ensure street capacity is adequate for proposed land use, planning and prioritization of street selection for the Street Preventative Maintenance Program and Capital Bond Programming, and planning of master planned streets constructed by private developers. This project is a collaborative effort by the CCMPO, City of Corpus Christi, the Regional Transportation Authority (RTA) and TxDOT. The RTA is sharing costs since this funding opportunity is beneficial to improving their Long-Range Operations Plan and updating their transit network master plan (Transit Plan 20/20). The project will include reviewing existing City, State and Local transportation network plans, evaluating and validating base year assumptions from the most recent Texas Package TDM, incorporating specified data, land use and mode choice (including a transit component) into the TDM, and validating the TDM for the base year and forecast year. Deliverables will focus on supplying methodology, assumptions and results (model, GIS files, etc.) which indicate to the CCMPO, City and RTA the travel demand and projections for existing and planned streets in the City. State guidelines require the results of the study be provided to the CCMPO, but the information will be accessible to both the City and RTA. In February 2017, CDM Smith was selected by Request for Qualifications (RFQ No. 2016-06) as the most qualified consultant to perform the project. Due to the complexity of the project modeling process, CDM Smith began operating under a small contract to begin reviewing and identifying the potential and existing scenarios/parameters and preparing a feasibility report describing the various elements that may impact the efficiency and/or recommendations for improvements/expansions needed to the transportation system to accommodate the continuous growth of the city. PREVIOUS COUNCIL / BOARD ACTIONS: January 17, 2017 — City Council approved execution of an Advance Funding Agreement (AFA) with TxDOT and an Interlocal Agreement (ILA) with RTA for this project. Project No.T16356 2 SM/vP Rev.0—04/02/18 PROJECT BUDGET Strategic Integration (Travel Demand Model) Feasibility Study FUNDS AVAILABLE: Texas Department of Transportation................................................................. $ 368,000 Regional Transportation Authority..................................................................... 55,200 Street Bond 2014, Proposition 2....................................................................... 87,400 TOTAL .. $ 510,600 FUNDS REQUIRED: Study: Feasibility Study............................................................................................ $ 459,998 Consultant (CDM Smith) Phase 1.................................................. 49,953 Consultant (CDM Smith) Phase 2 (this item) 410,045 TxDOT Costs: Advance Funding Agreement- Initial Payment for State Oversight.......................... 18,400 Reimbursements: Total Reimbursements................................................................................... 25,530 Administration (Engineering/Capital Budget/Finance)......................... 10,212 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) ........... 15,318 Miscellaneous (Printing, Advertising, etc.)........................................ - TOTAL ... ... $ 503,928 ESTIMATED PROJECT BUDGET BALANCE ... $ 6,672 + I N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 wh qv CORPUS CHRISD i 4 M M g CORPUS CHRISH BAY N g F CINIBII tl pp OSD BAY HAYLL NR SM1pH C 0°6 u FLOUR BEUFF am LAGUM WORE GULF OF MDOCD LOCATION MAP NOT TO SCALE Project Number: T16356 Strategic Integration Travel Demand CITY COUNCIL EXHIBIT Model Feasibility Study CITYOFCOFENGINRPUS ERIN TEXAS ERV - DEPARTMENT OF ENGINEERING SERVICES �.rw Corpus Chr sti Engineering Strategic Integration (Travel Demand Model) Feasibility Study Council Presentation April 24, 2018 10) Travel Demand Model (TDM) Corpus cnr'sti Engineering • Computer Model • Uses Equations and Data to Predict Travel Choices of Motorists • Measures Future Travel Demand • Predicts Where People are Traveling To and From • Predicts Routes Chosen • Agencies Use TDMs for Transportation Planning • Predicts the Amount of Traffic on Streets in the Future • Determine Development Impacts on Street Infrastructure • Guide Decision Making for Transportation Planning and Investments Urban Transportation Plan (UTP)Map Carpus Chest Engineering • Master Plan for Existing & Proposed City Street Network • Classifies Streets by Function & Projected Volumes • Guides Future Investment Decisions • Determines ROW Dedication Required • Determines Future Land Use •; __ 0. • Utilized by Various City Departments • Development Services �. • Engineering Services F • Street Operations - Traffic Engineering • Planning & Environmental/Strategic Initiatives 3 3 Project Tasks Corpus Chr st Engineering • Review Existing City and RTA Master Plans • Validate Travel Demand Model Assessment • Incorporate RTA Transit Data, Land Use, Mode Choice, etc. Project Scheduleco,p,,s cn,5t CEngineering i 2019 M I J J A I S 1 O F N I D J F Study Underway Estimated Completion Time is 10 months. 5 Corpus Chrsti Engineering Questions? 6 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES T16356 Strategic Integration Travel Demand Model Feasibility Study 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 CDM Smith, a Texas corporation, 9430 Research Blvd, Suite 1-200, Austin, Texas 78759, (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.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,eYGeFpt atter o a Cxhihi4 n 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 AaPd A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $410,045, for a total restated fee not to exceed $459,998. 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. Gep'si 01tapt shall 5S.-A-Mot a Rate C`nhea--Floy0ith their pFepesal 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.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE 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). Page 4 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's 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.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Page 7 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC documents. 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 Page 8 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC diligently with performance of the Agreement, and City shall continue to make payments in accordance with 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 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; 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 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. 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.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate 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.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.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://www.cctexas.co m/govern ment/city-secreta ry/conflict-d isclos ure/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 anyArticle, 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 COM H Jeff H. Edmonds, P. E., Date Sean Tenney, Date Director of Engineering Services Vice Presid t 9430 Res h Blvd, Suite 1-200 Austin, T 78759 APPROVED AS TO LEGAL FORM (512) 652-5330 Office (512) 745-1452 Mobile tenneysp@cdmsmith.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.04117 K.IENGINEERING OATAEXCHANGEIVELMAPISTREETITI6358 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)ICONSULTANT COM SMITHs2 AMENDMENT NO. IU019-1126 CONTRACT PROFESSIONAL SERVICES-DOC Strategic Integration Travel Demand Model Feasibility Study Phase 1 (Project No. T16356) Accounting Unit 3530-051 Account 550950 Activity T16356-01-3530-EXP Account Category 50950 Fund Name Street CIP Page 12 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC E16356 Strategic Integration Travel Demand Model Feasibility Study — Phase Il Proposed Phase II Scope of Work At the Travel Demand Model [TDM] Strategic Integration project kickoff meeting,the CDM Smith team was asked to prepare a Phase I scope of work for immediate implementation, to be complemented by a Phase II scope of work that would complete the project.In the Phase I scope of work, the foundational elements that define the structure for each of the project tasks are to be developed. The Phase II scope of work will then complete each task. The ultimate goal of this project is to develop the TDM as a comprehensive forecasting system to support a wider range of infrastructure planning. The model will coordinate long-range transportation planning with planning for other infrastructure elements to support the development of efficient choices for capital expenditures that are reasonable, responsible, and efficient. This scope of work consists of a set of independent but related and mutually supportive enhancements,and has categorized them into four tasks: 1. Plan Consistency,to review local plans and programs and promote coordination of local data to support the TDM. 2. Model Performance, to identify updates to the TDM structure and associated data requirements and to implement those enhancements. 3. Model Scenarios, to define various development scenarios and provide associated TDM input files. 4. Transit Modeling,to define and develop a transit model using the STOPS model. The following sections describe the efforts proposed for the Phase II scope of work. Task 1: Plan Consistency Context The purpose of this Phase II scope is to review applicable local plans and programs to promote coordination of local data to support the TDM. The work will include a review of the model definitions and parameters, and will identify how local and regional plans can be coordinated for use in the TDM. This task will explore opportunities for making the overall planning process smoother and as consistent as is practical among the various local entities for the development of the TDM. Tasks The CDM Smith team shall: AMEND. NO. 1 EXHIBIT "A" Page 1 of 5 Travel Demand Model Strategic integration • Proposed Phase EI Scope of Work 1. Based on the review of the plans and programs from the City of Corpus Christi,Corpus Christi MPO,and Corpus Christi Regional Transit Authority(CCRTA)thatwere identified and collected under the Phase I Scope of Work, determine areas of potential commonality and consistency for their applicability to the TDM. 2. Determine the overlapping geographic areas and functional areas among the various plans and programs. 3. Determine the varying and overlapping definitions and metrics used in the various plans and programs. Evaluate the compatibility and conflicts, and detail the advantages and disadvantages of coordination among plans,consolidation to common definitions and metrics, or retaining definitions and metrics unique to a particular plan or program. For example,the City of Corpus Christi has defined nine planning areas, used as the basis for the Area Development Plans. However, the Parks & Recreation Department has defined seven park planning areas,covering most of the same area with different boundaries. The compatibility of the boundaries,their respective uses,and the needs or barriers to coordination between these two programs will be reviewed and detailed. Deliverables • A brief technical memorandum which outlines the compatibility and conflicts among various plans and programs,and details the potential for coordination. The memorandum will be supported by a set of parsed, edited, and formatted GIS layers showing the geographic coverage and common elements of the various plans, collated into a single geodatabase. Task 2: Model Performance Context The purpose of this Phase ll scope task is to conduct a more intensive review of the 2006 validated TDM for implementing up to three model enhancements.The potential model enhancements are identified in Phase 1, and include geographic focus on areas, special generators, or corridors, feedback loops,time-of-day modeling, and new trip types. Up to three model enhancements will be agreed upon and implemented into the TDM. The selected enhancements will be evaluated based on available data,specific geographic areas of interest,and planning areas of interest. Tasks The CDM Smith team shall: 1. Review model performance in no more than five specific geographic or planning areas of interest for intensive model performance review, based on the areas defined under the Phase I Scope of Work. The review will use the model performance criteria defined under the Phase 1 Scope of Work. 2. Define no more than three model enhancements to be implemented in the 2006 model. 3. Coordinate with the City of Corpus Christi, Corpus Christi MPO, Corpus Christi Regional Transit Authority (CCRTA),and TOOT Transportation Planning& Programming Division (TPP) modelers to ensure that each model performance enhancement is consistent with their particular needs. 2 AMEND. NO. 7 EXHIBIT "A" Page 2 of 5 Travel Demand Model Strategic Integration • Proposed Phase 11 Scope of Work 4. Implement no more than three model enhancements and re-validate the model the 2006 travel demand model. This task will include an interim review of the enhancements during implementation to assess their performance and evaluate options in the design of the enhancements. S. Document the results of the enhancements in a brief technical memorandum. Deliverables • A brief technical memorandum which details model performance for the defined geographic or planning areas,and outlines the strategies,tools,and data requirements for potential model enhancements. Each potential model enhancement will be detailed with its anticipated improvement to model performance,implementation needs,data needs,and any related issues. • An interim version of the enhanced model for review,showing how well the enhancements are performing and allowing for possible options in the design of the enhancements to improve their performance. • A brief technical memorandum describing the implementation of the selected model enhancements,and detailing the difference in performance between the original model and the enhanced model. Model performance will be evaluated with all enhancements in place, rather than implementing each enhancement by itself. Any model operations or data requirements beyond standard TxDOT-TPP practice will be detailed in the memorandum. • The enhanced and re-validated 2006 travel demand model will itself be a deliverable. The model will be formatted as a complete package with TransCAD layers,TRIPCALS,ATOM2, and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. • The Final deliverables will include an in-person meeting to allow a demonstration of the enhanced model to be presented. Task 3: Model Scenarios Context The framework of model scenarios for multiple forecast years to test different assumptions or trends will have been developed under Phase I Scope of Work. Work in Phase 11 will select no more than three scenarios for implementation into the enhanced model. Tasks The CDM Smith team shall: 1. Develop the input files for up to three demographic or network scenarios and implement them into the model. 2. Run the model for each scenario and document modeled statistics. Deliverables • A brief technical memorandum which documents the development of the model input files and the modeled statistics for each scenario. Statistics for the base scenario will be included for comparison. 3 AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Travel demand Model Strategic Integration • Proposed Phase E!Scope of Work • The scenarios will each be delivered as a separate and complete model package with TransCAD layers,TRIPCAL5,ATOM2,and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. Task 4: Transit Modeling Context The modeling needs and outline for implementing the Simplified Trips-On-Project software (STOPS)sketch-level transit model will have been developed under Phase I Scope of Work. In this Phase II task,the STOPS model will be implemented within the travel demand model for the 2006 base year and no more than three 2040 forecast scenarios as defined in Task 3. Tusks The CDM Smith team shall: 1. Implement the STOPS model in the base year TDM and document its statistics. 2. Implement the STOPS model for no more than three forecast year scenarios and document their statistics. 3. Prepare documentation for the STOPS model that outlines its requirements and operation. Deliverables • A brief technical memorandum which documents the data requirements and operation of the STOPS model. Statistics for the base scenario will be included for comparison. • The complete STOPS model files for the base year and each scenario will each be delivered as a separate and complete model package with TransCAD layers,TRIPCAL5,ATOM2,and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. Whether the dashboard is available or not, all new file structures, naming conventions,and formats will be coordinated with TxDOT- TPP to be compatible with the dashboard and support logical and clear file management. Budget and Schedule The budget and schedule for all four Phase II Scope of Work tasks are shown in the associated spreadsheet. The total budget for all Phase II Scope of Work tasks and deliverables is$410,045. The budget tab of the spreadsheet details the number of hours,raw and loaded rates,and direct expenses for each task and deliverable. The schedule tab on the spreadsheet shows a total of ten months of working time for Phase II tasks and deliverables. Each task includes a draft deliverable, two weeks for review, and a final deliverable. Phase 11 tasks are scheduled commence in upon completion of phase I Scope of Work. Some tasks are performed concurrently. The Task 2 model performance enhancements and the Task 4 STOPS model all require travel demand model re-validation and so must be coordinated tasks,and likewise the Task 3 model scenarios define inputs for the Task 4 STOPS model and must coordinate work. 4 AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 Project Management S • ;I! Meeti •s, Refine Sco•e & Schedule, Ma = • • ment Task 1: Plan Consistency �= MI Month 1 Month 2 Month �MI II����������� 3 Month liE 4 III Month II 5 ill 1.1: Review Plans and Programs 1.2: Determine Overlapping Areas and Functionality NOM...._R..••••�••• 1.3: Review Definitions and Metrics . .�� 1.4: Develop Common GIS Layers 1 1NIM1111MI MI MI MUM MI 1.5: Prepare Technical Memo Task 2: Model Performance •••••••••• Mir MIME ••••••••• III ••MM. 2.1: Review Model Performance in Five Areas 2.2: Define Three Model Performance Enhancements � �••••••••�• 2.3: Coordinate Enhancements with Stakeholders ���� ■�. 111.111.1 ■■. 2.4.1: Implement Three Model Enhancements and Interim Review _ •••••�••••• ®® 2.4.2: Full Implementation of Model Enhancements 2.5: Prepare Technical Memo Task 3: Model Scenarios 3.1: Develo• u • to Three Model Scenarios •••••.•••■••u.u..... •RR.N••M I 3.2: Run Each Scenario and Prepare Statistics II. MMEM����� 3.3: Prepare Technical Memo Task 4: Transit Modeling 4.1: Implement the STOPS Model for the base year . 1..������� •■■.•I•M. 4.2: Implement the STOPS Model for up to Three Scenarios .������������ 4.3: Prepare Technical Memo M. rn3 -oXm co co CO c+-lz 0 7 D • O shine Y4, 251.1 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07127100 Project No.XXXX Invoice No. 12345 invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $9,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services 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: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 Contract for Professional Services 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 SUPPLIER NUMBER TO BE ASSIGNED BY CrY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Cot-pus 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 "IATA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CDM Smith P. O.BOX: STREET ADDRESS: 9430 Research Blvd,suite 1-200 CITY: Austin ZIP: 78759- FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 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) NIA 2. State the names of each"official"of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee NIA 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 I 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 con-cot 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: S-e� -eA4 Title: Ll rte- Pres, (Type or Print) Signature of Certifying �� Date: /����� Person: NI;TYONS 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 Iikely 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. se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl ccD..cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Purchase of Traffic Signal Control Cabinets for Street Operations CAPTION: Motion authorizing the purchase of ten traffic signal control cabinets from Mobotrex of Davenport, Iowa, via BuyBoard, for the total amount not to exceed $81,500.00. PURPOSE: This item is to approve the purchase of ten traffic signal control cabinets for Street Operations. BACKGROUND AND FINDINGS: The purchase of these traffic signal control cabinets will replace obsolete equipment currently in use. These cabinets will improve traffic management operations and are part of the Traffic Management Center Development Plan. The cabinets have various components of substantial value that control and coordinate pedestrian and vehicular traffic. They also assist with safe traveling of the public. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None 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: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $200,000.00 $0.00 $200,000.00 Encumbered / Expended Amount $91,850.00 $91,850.00 This item $81,500.00 $0.00 $81,500.00 BALANCE $26,650.00 $0.00 $26,650.00 Fund(s): Streets Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Traffic Control Cabinets Buyer: Cynthia Perez Buyboard Contract 534-17 Mobotrex ITEM DESCRIPTION COST I QUANTITY EXTENDED TOTAL 1 ICabinet: CAB256-2101-305 $8,150.001 10 1 $81,500.00 TOTAL $81,500.00 se o� � AGENDA MEMORANDUM NCORP08 I Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)_cctexas.com (361) 826-3169 Wavetronix Radar Detection Systems for Street Operations CAPTION: Motion authorizing the purchase of five Wavetronix radar detection systems from Twincrest Technologies of Fort Worth, Texas via Houston-Galveston Area Council for a total amount not to exceed $91,850.00. PURPOSE: This item is to approve the purchase of five Wavetronix radar detection systems for Street Operations. BACKGROUND AND FINDINGS: Radar detection systems are the new standard for traffic signal vehicle detection. These radar detection systems will be replacing the video detection systems currently in the field that are no longer working or serviceable. Many of these older units require maintenance every two weeks to clean the camera lenses. The new radar detection system will improve traffic flow and vehicle detection. They are more reliable, have better technology and are not affected by weather events unlike the existing video detection systems. 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: Street Fund FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $200,000.00 0 $200,000.00 Encumbered / Expended Amount $81,500.00 $81,500.00 This item $91,850.00 0 $91,850.00 BALANCE $26,650.00 0 $26,650.00 Fund(s): Street Fund Comments: The initial cost is $91,850.00 is funded in FY2017-18 by the Street Operations. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI TWINCREST TECHNOLOGIES PURCHASING DIVISION FORT WORTH,TEXAS Wavetronix Radar Detection Systems for Street Operations Item Equipment Name and Description Qty Unit Unit Price Total 1 WX-SS-225-4AC-650,4 Matrix System with Click 650 5 EA $16,180.00 $80,900.00 2 Wx-ss-704-060,20-ft Sensor Pigtail 20 EA $135.00 $2,700.00 TFI-MRX-ADV-CBL,6-Conductor Matrix/Advance Home 3 Run Cable 5,000 LF $1.65 $8,250.00 Grand Total 1 $91,850.00 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 24, 2018 "`O""°p"`EAction Item for the Cit Council Meeting of May 8, 2018 1852 Y g Y DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(c)cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)_cctexas.com (361) 826-3169 Service Agreement for Crushed Concrete for Solid Waste Operations for 12 months for a Total Amount Not to Exceed $61,500.00, with One Additional One-Year period and Total Potential Multi-Year amount of $123,000.00 CAPTION: Motion authorizing a one-year supply agreement with Southern Crushed Concrete of The Woodlands, Texas for crushed concrete for a total amount not to exceed $61 ,500.00, with a one-year option for a total potential multi-year amount of $123,000.00. PURPOSE: This supply agreement will be utilized by the Solid Waste Department to renovate the roadways at Cefe Landfill (Unit 1) and JC Elliott Transfer Station. BACKGROUND AND FINDINGS: The Cefe Landfill needs better roadways around the perimeter and internal areas to gain access to active areas. In addition, these materials will be used to construct wet weather pads at the Cefe Landfill and JC Elliott Transfer Station. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with a local vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to Southern Crushed Concrete. 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: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $239,058.94 $97,375.00 $336,433.94 Encumbered / Expended Amount 213,410.69 $0.00 $213,410.69 This item $25,625.00 $97,375.00 $123,000.00 BALANCE $23.25 $0.00 $23.25 Fund(s): Solid Waste Comments: The initial contract term total is $61,500.00 of which $25,625.00 will be funded in FY2017- 18. The total estimated contract value will be $123,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1547 Buyer: Cynthia Perez Crushed Concrete for SW Operations Southern Crushed Concrete The Woodlands, Texas ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Crushed Concrete Tons 3,000 $20.50 $61,500.00 TOTAL $61,500.00 mUs c.� �o w A SUPPLY AGREEMENT NO. 1547 U Crushed Concrete for Solid Waste Operations yaeaoRp 1852 THIS Crushed Concrete for Solid Waste Operations Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Southern Crushed Concrete ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Crushed Concrete for Solid Waste Operations in response to Request for Bid No. 1547 ("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 Crushed Concrete for Solid Waste Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to one additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $61 ,500.00, 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: Tony Benavides Department: Solid Waste Operations Phone: (361 ) 826-8034 Email: TonyB@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: Tony Benavides Title: Interim Assistant Director Address: 2397 County Road 20, Robstown, TX 78380 Phone: (361 ) 826-8034 Fax: (361) 826-1971 IF TO SUPPLIER: Southern Crushed Concrete Attn: Cruz E. Aguilar Title: Area Business Manager Address: 1725 Hughes Landing Blvd., Suite 1200, The Woodlands, TX 77380 Phone : (361) 446-4602 Fax: N/A 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 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: Printed Name: C� Title: Prr,&A, &AGIn65 Date: IF CITY OF CORPUS CHRIST[ 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 l : RFB No. 1547 Exhibit 2: Supplier's Bid Response f Supply 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 crushed concrete to be used as base material for roadways and the construction of wet weather pads and roadways throughout the landfills as outlined in this Scope of Work. 1.2 Scope of Work The crushed concrete shall meet TXDOT Specification Item 247 Flexible Base Type D. 1.3 Delivery Instructions and Locations A. Materials shall be delivered as follows: 1 . at the discretion of the Landfill 2. as needed by the Landfill 3. within a 24 hour from initial call 4. Landfill personnel will specify the delivery of the material by either an end dump or belly dump. 5. Location of the delivery within the Landfill will be determined by Landfill Staff. Landfill Locations Cefe Landfill --- 2369 CR 20 Robstown Texas Elliott Landfill --- 7001 Ayers Corpus Christi, Texas 1.4 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. Attachment B - Bid/Pricing Schedule S CITY OF CORPUS CHRISTI 0 BID FORM a000PONAtEp RFB No. 1547 1852 Crushed Concrete for Solid Waste Operations Date: 1y 1 -LJ",uthorized 5�57 PAGE 1 Bidder: &WN gnature: 1. Refer to "Instructions to Bidders" and Contract Terms and fitiodg2ore 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 1 -YR Unit Price Total Price QTY -1 Crushed Concrete Tons 3,0100 Page 20 of 21 RFB Template Revised 04.28.17 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Solid Waste Director one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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) 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, • 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 Solid Waste Department Crushed Concrete Delivery for Road Base 01/31 /2018 sw Risk Management Valid Through 12/31 /2018 Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. muS c� w �a o F v AGENDA MEMORANDUM NCpppppp{EQ Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a-).cctexas.com (361) 826-3169 Non-Shear Flexible Couplings Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Ferguson Enterprises, Inc., of Corpus Christi, Texas, for non-shear flexible couplings for a total amount not to exceed $220,321.13. PURPOSE: This is a motion to approve a supply agreement for non-shear flexible couplings for the Utilities Department. BACKGROUND AND FINDINGS: The non-shear flexible couplings are stocked by the warehouse and used by the Utilities Department for new service and repair of existing maintenance of water lines. 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, Ferguson Enterprises, Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. 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 $189,720.97 $2,989,916.12 Encumbered / Expended Amount $915,670.67 $0 $915,670.67 This item $30,600.16 $189,720.97 $220,321.13 BALANCE $1 ,853,924.32 $0 $1 ,853,924.32 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $220,321.13 for three years, with an estimated expenditure of $30,600.16. 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 Purchasing Division RFB No.1519 Buyer:Cynthia Perez Non-Shear Flexible Couplings Core&Main,LP Gripper Gasket LLC Ferguson Enterprises Inc. Corpus Christi,TX Corona,CA Corpus Christi,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.1817-3CI PVC x 3 Cl PVC Coup EA 81 $11.25 $911.25 $11.07 $896.67 $10.919 $ 884.44 RC,Model#F105633 RC 2 City Stock No.1818-4 Clay x 3 Cl PVC Coup RC, EA 36 $22.80 $820.80 $22.39 $806.04 $22.112 Model#F500243RC $ 796.03 3 City Stock No.1819-4 Cl PVC x 4 Cl PVC Coup EA 2,595 $14.30 $37,108.50 $14.08 $36,537.60 $14.340 RC,Model#F505644RC $ 37,212.30 4 City Stock No.1820-4 Clay x 4 S40 PVC Coup RC EA 2,859 $21.00 $60,039.00 $20.64 $59,009.76 $21.031 Model#F500244RC $ 60,127.63 5 City Stock No.1826-6 Clay x 6 S40 PVC Coup EA 1,152 $35.65 $41,068.80 $35.01 $40,331.52 $35.664 RC Model#500266RC $ 41,084.93 6 City Stock No.1827-6 Clay x 6 Clay Coup RC, EA 6 $27.30 $163.80 $26.82 $160.92 $27.327 Model#F500166RC $ 163.96 7 City Stock No.1828-6 Cl PVC x 6 PVC Coup RC, EA 528 $27.30 $14,414.40 $26.82 $14,160.96 $26.768 Model#F505688RC $ 14,133.50 8 City Stock No.1829-8CI PVC x 8 Cl PVC Coup EA 408 $40.55 $16,544.40 $59.82 $24,406.56 $39.343 RC,Model#F505688 RC $ 16,051.94 9 City Stock No.1830-8 Clay x Clay Coup RC, EA 6 $40.55 $243.30 $39.82 $238.92 $39.343 Model#F500188RC $ 236.06 10 City Stock No.1831-8 Clay x 8 Ci PVC Coup RC, EA 714 $40.55 $28,952.70 $39.82 $28,431.48 $40.573 Model#F500288RC $ 28,969.12 11 City Stock No.1832-10 Cl PVC x 10 Cl PVC EA 36 $52.75 $1,899.00 $51.80 $1,864.80 $51.699 Coup RC,Model#F50561010RC $ 1,861.16 12 City Stock No.1833-10 Clay x 10 Cl PVC Coup EA 72 $52.75 $3,798.00 $53.30 $3,837.60 $51.699 RC,Model#F50021010RC $ 3,722.33 13 City Stock No.4560-15 Clay x 15 Cl PVC Coup EA 36 $192.25 $6,921.00 $98.62 $3,550.32 $186.488 RC Model#F50021215RC $ 6,713.57 14 City Stock No.4561-15 Cl PVC x 15 Cl PVC Coup EA 36 $110.30 $3,970.80 $108.36 $3,900.96 $107.044 $ 3,853.58 RC,Model#F50561515RC City Stock No.4565-12 Clay x 12 Cl PVC Coup EA 36 $64.55 $2,323.80 $63.41 $2,282.76 $62.647 15 RC,Model#F50021212RC $ 2,255.29 City Stock No.4583-12 Cl PVC x 12 PVC Coup EA 36 $64.55 $2,323.80 $63.41 $2,282.76 $62.647 16 RC,Model#F50561212RC $ 2,255.29 Total $221,503.35 $222,699.63 $ 220,321.13 mUs c.� �o w A SUPPLY AGREEMENT NO. 1519 U Non-Shear Flexible Couplings yaeaoRp 1852 THIS Non-Shear Flexible Couplings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Non-Shear Flexible Couplings in response to Request for Bid No. 1519 ("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 Non-Shear Flexible Couplings 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 $220,321 .13, 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 Presnell 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 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers Street Bldg.6, Corpus Christi, TX 78415 Phone; (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Ferguson Enterprises, Inc. Attn: Bryan Steele Title: Sales Manager Address: 221 Junior Beck Dr., Corpus Christi, Texas 78405 Phone: (361 ) 289-1977 Fax: (361 ) 289-1968 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 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: Printed Name. lam Title: Dater i 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 l: RFB No. 1519 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 1.1 General Requirements/Background Information The Supplier shall provide non-shear flexible couplings for the City's Warehouse as outlined in this Scope of Work. The non-shear flexible couplings are used by the Water and Wastewater Departments to splice and repair existing utility lines, pipe repair and new construction projects located throughout the City. 1.2 Scope of Work A. The Supplier shall provide non-shear flexible couplings, as outlined on the bid/pricing schedule. This specification covers various couplings used by the City. The products listed in this specification will be used to restock the Warehouse Department. B. Applicable Specifications: ANSI/NSF 61, ASTM A536, ASTM A325, ASTM A563 or AWWA Cl 11 , ASTM A307, stainless steel series 300, ASTM C564, ASTM A167, ASTM C1173, ASTM A240, ASTM C425. Certification of compliance with ANSI/NSF is not required for wastewater couplings. C. Functional and Performance Requirements: Non-Shear Flexible Couplings - Wastewater Systems (Mission Rubber Co. MR-ARC or Fernco 5000 RC Series Only) Couplings are for joining various combinations of vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground drainage and sewer piping systems. Couplings shall meet requirements of ASTM Cl 173-91 , Type A. Couplings to have shear ring and center stop. Tension bands and exterior shear rings shall be constructed of 300 series stainless steel and conform to ASTM A240. Couplings designed for different sized pipe joints (e.g., clay x pvc) shall be of concentric, single piece (exclusive of shear ring and tension bands) construction. They shall not use separate, loose, inserts (bushings) to size the small diameter end. D.The Supplier will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control and Superintendence All non-shear flexible couplings will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. 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. 5. 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. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. 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 SC CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1519 CORPOR AI 1852 Non-Shear Flexible Couplings PAGE 1 OF 2 Date: 03-20-2018 Authorized Bidder: FERGUSON Signature: 1. Refer to "Instructions to Bidders" and Contract Terms al�ff�oncfltions 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 City Stock Description UNIT 3yr- Unit Price Total No. Qty. Price I City Stock No. 3 Cl PVC x 3 Cl PVC Coup RC, 1817 Model # F105633 RC EA 81 $ 10.919 $ 884.44 2 City Stock No. 4 Clay x 3 Cl PVC COUP RC, 1818 Model # F500243RC EA 36 $ 22.112 $ 796.03 3 City Stock No. 4 Cl PVC x 4 C1 PVC Coup RC, 1819 Model # F505644RC EA 2,595 $ 14.340 $ 37 ,12.30 4 City Stock No. 4 Clay x 4 S40 PVC Coup RC 1820 Model #F500244RC EA 2,859 $21.031 $60R27.63 5 City Stock No. 6 Clay x 6 S40 PVC Coup RC, 1826 Model #F500266RC EA 1,152 $ 35.664 $ 41@84.93 6 City Stock No. 6 Clay x 6 Clay Coup RC, 1827 Model # F500166RC EA 6 $27.327 $16-3.96 7 City Stock No. 6 Cl PVC x 6 PVC Coup RC, 1828 Model #F505666RC EA 528 $26.768 $ 14833.50 8 City Stock 8 Cl PVC x 8 Cl PVC COUP No.1829 RC, Model #F505688RC EA 408 $ 39.343 $ 1051.94 9 City Stock No. 8 Clay x 8 Clay Coup RC, 1830 Model# F500188RC EA 6 $39.343 $236.06 10 City Stock No. 8 Clay x 8 Cl PVC Coup RC, 1831 Model #F500288RC EA 714 $40.573 $2869.12 11 City Stock No. 10 Cl PVC x 10 Cl PVC Coup 1832 RC, Model # F50561010RC EA 36 $ 51.699 $ 1M61.16 12 City Stock No. 10 Clay x 10 Cl PVC Coup RC, 1833 Model #F50021010RC EA 72 $ 51.699 $32'22.33 13 City Stock No. 15 Clay x 15 Cl PVC Coup RC, 4560 Model #F50021215RC EA 36 $ 186.488 $6113.57 14 City Stock No. 15 Cl PVC x 15 Cl PVC Coup 4561 RC, Model #F50561515RC EA 36 $ 107.044 $3M53.58 15 City Stock No. 12 Clay x 12 Cl PVC Coup RC, 4565 Model #F50021212RC EA 36 $62.647 $2855.269 16 City Stock No. 12 Cl PVC X 12 PVC Coup RC, 4583 Model #F50561212RC EA 36 $62.647 $ 2855.29 Total $220921.13 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 lnc= TERMS All prices shown are Trade/List,stated in U.S. currency and subject to change without notice. MINIMUM INVOICE-None. PAYMENT TERMS-1% 10th prox. Net 30 days unless otherwise stated. FREIGHT TERMS-Prepaid and allowed on net orders of$750.00 or more unless otherwise stated. All others will be prepaid and billed. Claims for loss or damage must be filed with the freight carrier. SALES POLICY-Fernco products are available to any legitimate wholesaler, pipe manufacturer or distributor with approved credit. RETURN POLICY-All returns must be preceded by factory authorization. Minimum 15%restocking charge will apply to all standard Fernco products.All materials returned to Fernco should be in original cartons and be in resaleable condition.This amount is subject to change depending on condition of items returned to Fernco. Fernco Custom Parts are Non-Returnable. Freight must be prepaid on all return shipments. Returns will not be allowed after 90 days of invoice date. LIMITED WARRANTY: Fernco warrants its product(s)against all defects in workmanship or materials for a period of one(1)year from date of original purchase(unless a shorter period is expressly provided with respect to a particular product). Fernco's total liability under any warranty,or any other claim arising in any way from the product or its use, is limited,at Fernco's option,to refund or replacement of any such product returned to Fernco within the one-year warranty period and determined by Fernco to be defective.To the extent permitted by law, Fernco disclaims and excludes any and all other warranties,express or implied,including without limitation any implied warranty of merchantability or fitness for a particular purpose,and in no event shall Fernco be liable for special,incidental or consequential damages. Failure to follow the installation instructions provided by Fernco will void this any warranty.To make a warranty claim, purchaser should have the original receipt and contact Fernco, Inc., Customer Service Department,810 653-9626. Purchaser is responsible for any shipping charges. If state law preserves implied warranties of merchantability and fitness for a particular purpose,such warranties are limited to one- year from the date of the original purchase and as otherwise set forth above. Some states do not allow limitations on how long an implied warranty lasts,or the exclusion of incidental or consequential damages,so such limitation(s)or exclusion(s)may not apply to you.This written warranty gives you specific legal rights,and you may also have other rights which vary from state to state. IS00990�01 00 S.D. Davison, muS c� w �a o F v AGENDA MEMORANDUM NCppPppp{Ea Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 E. Jay Ellington, Direct of Parks and Recreation Department JayEll(aD.cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Calcium Hypochlorite Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with Chemrite, Inc. of Buford, Georgia for calcium hypochlorite for a total amount not to exceed $169,096.20. PURPOSE: This is a motion to approve a supply agreement for calcium hypochlorite to be stocked by the City Warehouse for various City departments. BACKGROUND AND FINDINGS: Calcium hypochlorite is used by various departments. Wastewater treatment plants and O.N. Stevens Water Treatment Plant use this product to clean storage tanks and filter cleaning and Parks and Recreation Aquatic Division utilizes this product to clean and disinfect area public pools. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and one non-responsive bid and is recommending the award to the lowest responsive, responsible bidder, Chemrite Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. 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 $98,639.45 $2,898,834.60 Encumbered / Expended Amount $622,047.04 $0 $622,047.04 This item $70,456.75 $98,639.45 $169,096.20 BALANCE $2,107,691 .36 $0 $2,107,691.36 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $169,096.20 for three years, with an estimated expenditure of $70,456.75 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 Purchasing Division RFB No.1452 Buyer:Cynthia Perez Calcium Hypochlorite Brenntag Southwest,Inc. Chemrite,Inc. Interpool,Inc. Lancaster,TX Buford,GA San Antonio,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.2093-Calcium Hypochlorite EA 1,116 No Bid No Bid $11.95 $13,336.20 12.32 $ 13,749.12 65%Granular,5#Bucket 2 City Stock No.2094-Calcium Hypochlorite EA 1,320 $165.00 $217,800.00 $118.00 $155,760.00 146.11 $ 192,865.20 65%Granular,100#Drum Non-Responsive $169,096.20 $ 206,614.32 Vendor did not bid on all items. mUs c.� �o w A SUPPLY AGREEMENT NO. 1452 U Calcium Hypochlorite yaeaoRp 1852 THIS Calcium Hypochlorite Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Chemrite, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Calcium Hypochlorite in response to Request for Bid No. 1452 ("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 Calcium Hypochlorite 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 169,096.20, 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 Presnell 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 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers Street Bldg. 6, Corpus Christi, TX 78415 Phone: (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Chemrite, Inc. Attn: Frank J. Opp Title: President Address: 5202 Belle Wood Court, Ste. 104, Buford, GA 30518 Phone: (877) 248-0017 Fax: (770) 271-4068 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 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: Printed Name: ✓® Title: Vic-0, Date: -(*3/i 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. 1452 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 1.1 General Requirements/Background Information The Supplier shall provide Calcium Hypochlorite for the City's Warehouse as outlined in this Scope of Work. The calcium hypochlorite is used by the Utilities Department for new service and maintenance of water and waste water lines. 1.2 Scope of Work A. The Supplier shall provide calcium hypochlorite. This specification covers two items used by the City. The products listed in this specification will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock numbers. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. Product; Calcium Hypochlorite Granular, Chemical Family; Hypochlorite. Formula, not applicable/mixture, CAS Number: 7778-54-3. Synonyms: Clor Mor, Cal Hypo Granules; Calcium Oxychloride, Cal Shock. Calcium Hypochlorite, Other 320, Available Chlorine 650. Any of these listed or approved equivalent. 1.3 Contractor Quality Control and Superintendence The calcium hypochlorite shall be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. 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. 5. 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. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. 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 o,�us c coop CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1452 PON / 2852 Calcium Hypochlorite PAGE 1 Date: 3/12/2018 I Authorized Bidder: Chemrite, Inc. Signature: 1 1. Refer to Instructions to Bidders and Contract Terms and Conditio efore 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 City Stock Description UNIT 3yr- Unit Price Total Price No. Qty- 1 City Stock Calcium Hypochlorite, No. 2093 65% Granular, 5# Bucket EA 1,116 $ 11.95 $ 13,336.20 City Stock Calcium Hypochlorite, 2 No. 2094 65% Granular, 100# Drum EA 1,320 $ 118.00 $ 155, 760.00 Total 169,096.20 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 Requirement ChOMPRO Chemical Treatment, Equipment & Filtration 5202 Belle Wood Court•Suite 104•Buford,GA.30518 A77.240.0017ph 770.271.406G fax www.chemrite.com March 28, 2018 City of Corpus Christi ATTN: Cynthia Perez 1201 Leopard Street 4th Floor Purchasing Corpus Christi,TX. 78401 RE: Calcium Hypochlorite RFB 1452 and Chemrite,Inc. Ms. Perez, The warranty is based upon shelf life for the calcium hypochlorite. Calcium hypochlorite usually has a shelf life of 12 months. If we need to submit any further information,please feel free to contact me. Regards, Anne Torrez Office Manager Anne@chemrite.com 770-271-5576 se O H U AGENDA MEMORANDUM NOfl POP PZE 12 Public Hearing and First Reading for the City Council Meeting of April 24, 2018 Second Reading for the City Council Meeting of May 08, 2018 DATE: March 23, 2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Amendments to the London Area Wastewater Master Plan CAPTION: Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; and providing for severance and publication. PURPOSE: The purpose of this item is to amend the London Area Wastewater Master Plan ("Master Plan") to support development and improve the design of the system by increasing the diameters of the lines, adjusting the location of the proposed lines and lift station, correcting and expanding the lift station service area, and delineating sub- basins. BACKGROUND AND FINDINGS: The current Master Plan was adopted in April 2017 and covers an area of about 1,000 acres located outside of the city limits south of the Oso Creek in approximately the northwest corner of State Highway (SH) 286 and County Road (CR) 43 and approximately 2,500 feet west of CR 33 and the London Independent School District property. The area served in the London Area Wastewater Master Plan is located within the boundaries of the City's water Certificate of Convenience and Necessity (CCN), but not within the City's wastewater CCN. The Public Utility Commission of Texas approves municipalities' or utility districts' requests for CCN boundaries, and a CCN gives the CCN holder the exclusive right to provide retail water and/or wastewater utility services to an identified geographic area. A map of the CCNs is attached. The current Master Plan was developed by calculating projected flows based on land uses in east and west sub-basins. The current Master Plan assumes low density residential development to occur with limited consideration for medium and high density residential uses or commercial development. Given the current housing trends toward smaller lots, proximity to SH 286 and CR 43 with additional planned arterial roads shown on the Urban Transportation Plan, and the proposed Regional Youth Sports Complex, staff believes anticipated land uses will require greater capacity in the sanitary sewer system than what the current Master Plan is designed to handle. The current Master Plan shows two proposed 15-inch diameter gravity main lines tying into a proposed lift station, which will be located in the north end of the lift station service area on City Solid Waste property, and a proposed 16-inch diameter force main, all to be tied into the Greenwood Wastewater Treatment Plant. The proposed lift station is shown on the current Master Plan to be located approximately 1,100 feet north of the City limit line. The gravity mains serve as wastewater trunk mains for the east and west sub-basins. The 15-inch gravity lines were designed with minimal slopes to be able to have appropriate depth at the extreme limits of each sub-basin. A 15-inch gravity line will handle a maximum flow of 1,160 gallons per minute (GPM) at minimum slopes. Based on the higher densities, the estimated flows for the 530-acre east sub-basin are 2,460 GPM, well exceeding the capacity of a 15-inch line. A 21-inch line with similar slopes has a design capacity of 2,800 GPM, and staff proposes to increase the east sub-basin gravity line from 15 inches to 21 inches in diameter. Based on the higher densities, the estimated flows for the 470-acre west sub-basin are 1,600 GPM, exceeding the capacity of a 15-inch line. An 18-inch line with similar slopes has a design capacity of 1,633 GPM, and staff proposes to increase the west sub-basin gravity line from 15 inches to 18 inches in diameter. Based on the higher densities and need for larger diameter lines, staff proposes to increase the diameter of the north-south gravity line that will connect to the lift station from 15 inches to 24 inches. Other minor amendments are proposed as follows: • Correct the boundaries of the lift station service area. The area of the City Solid Waste property south of the Oso Creek is immediately adjacent to the proposed gravity lines. This area was assumed as park use for the purposes of calculating wastewater demand for the current Master Plan. The lift station service area needs to be corrected to reflect this property being included in the calculations. • Identify the east and west sub-basin boundaries. To more specifically represent wastewater needs, sub-basins were delineated to better represent the properties/land uses that will be served by each gravity line. • Relocate the lift station approximately 1,100 feet south closer to the junction of the 30-foot deep gravity lines and farther from the Oso Creek. Relocating the lift station will reduce construction costs and help protect the lift station, which is considered a critical facility according to FEMA, from possible flood impacts. ALTERNATIVES: During the Planning Commission public hearing, Commissioners asked whether or not additional land could be added into the service area so that a specific property in the northwest portion of the plan that is owned by one landowner would not have to split their property between two service areas. Planning Commission and staff also discussed reducing the number of people assumed per household type to reflect census data and other City wastewater master plan assumptions and reducing the assumed gallons of sewage generated per person per day. Upon further review after the Planning Commission public hearing, staff determined that by reducing the density/demand assumptions, the additional land could be added into the service area without impacting the proposed design. Including this area will add approximately 95 acres to the west sub-basin. With the additional acreage, however, the proposed system will be at capacity. Staff recommends the inclusion of the additional 95 acres. Planning Commission and staff also discussed whether the service area boundary included land in the flood zones and if the boundary followed the Oso Creek. Staff recommends amending the lift station service area boundary to reflect that the developable flood zones (not floodways) south of the Oso Creek are included in the service area. This change to the boundary has been made to the maps presented in the staff recommendation and ordinance exhibit. All departments are in agreement with the proposed alternative and staff recommendation. OTHER CONSIDERATIONS: Private developers are eligible for certain levels of reimbursement for constructing City master-planned infrastructure. A private developers cost of designing and installing an 18-inch wastewater trunk line and lift station is 100% reimbursable from the Developer's Trust Fund. A 15-inch wastewater collection line is only partially reimbursable. For reimbursement purposes, a wastewater "collection line" is defined as a line of 15- inch diameter and smaller. Maximum developer reimbursement for collection lines will be limited for such off-site extensions to 50% of the mathematical product obtained by multiplying the pipe diameter in inches by the acreage or lot fee value. For reimbursement purposes, a wastewater "trunk line" is defined as a line of 18-inch diameter and larger. A trunk line is 100% reimbursable whether or not it is an off-site or on-site extension. ("On-site" means the line is proposed within or abutting the developer's property.) CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and Plan CC Comprehensive Plan guidelines for updating utility master plans. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities, Planning, and Legal support the proposed amendment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount Approximately This item $4,200,000 BALANCE Fund(s): Not Applicable Comments: The estimated cost of this plan is over $4,200,000. The wastewater trust funds would not cover the anticipated improvements. Reimbursements could be processed as funds become available or additional funds such as water trust funds could be transferred to cover the costs to the developer. The proposed plan amendments actually reduce costs by relocating the lift station 1,100 feet south to take advantage of existing ground elevations. RECOMMENDATION: Upon review of Planning Commission's input discussed under "Alternatives," Staff recommends approval of the following proposed amendments to the Master Plan: 1. Correct the service area to include City Solid Waste property south of the Oso Creek. 2. Relocate the lift station approximately one-quarter mile south. 3. Increase the north-south gravity line that ties into lift station from 15-inch diameter to 24-inch diameter. 4. Increase west gravity line from 15-inch diameter to 18-inch diameter. 5. Increase east gravity line from 15-inch to 21-inch diameter and reduce its length to approximately 100 feet. 6. Identify east and west sub-basin boundaries within the lift station service area. 7. Expand the service area by 95 acres in the northwest area. 8. Correct the service area boundary to follow the Oso Creek floodway. The current Master Plan used lower densities than staff anticipates will actually be developed and is, therefore, inadequate in handling projected wastewater demands. The proposed amendments will support anticipated wastewater demand, accommodate development, reduce construction cost, and reduce the risk of flooding the lift station. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Map of the Greenwood Wastewater Service Area • Presentation ORDINANCE AMENDING THE LONDON AREA WASTEWATER MASTER PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN; AND PROVIDING FOR SEVERANCE AND PUBLICATION. WHEREAS, the first London Area Wastewater Master Plan and Storm Water Master Plan were approved by City Council and adopted by Ordinance No. 031113 on April 11, 2017; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation concerning an amendment to the London Area Wastewater Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission recommended approval of the amendment to the London Area Wastewater Master Plan; WHEREAS, based on the Planning Commission discussion the City Manager further recommends additional property under single ownership in the northwest portion of the plan be included in the lift station service area, reduction of the assumed persons per household and gallons of sewage generated per person per day, and expansion of the lift station service area boundary to parallel the floodway on the south side of the Oso Creek; WHEREAS, with proper notice to the public, all interested persons were allowed to appear and be heard during public hearings before the Planning Commission on Wednesday, March 21, 2018, and before the City Council on Tuesday, April 24, 20187 and such public hearings were held in the Council Chambers at City Hall; and WHEREAS, the City Council has determined that this amendment to the London Area Wastewater Master Plan would best serve the public health, 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 an amendment to the London Area Wastewater Master Plan, which is an element of the Comprehensive Plan of the City of Corpus Christi, Texas, is adopted by this ordinance to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. SECTION 2. That to the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan of the City of Corpus Christi, Texas, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. 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 6. Publication shall be made in the City of Corpus Christi's official publication as required by the City Charter of the City of Corpus Christi. 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 EXHIBIT At 1 Average Daily Wastewater Flow The service population and wastewater flow generation for the land use London Area Wastewater Plan ; �oo� identified in this area are as followed: �3 �0'"� iwasavdn i I OSO CREEK FLOODWAY "I """ ♦ 2.Peaking Factor _ The peak flow for all land uses shall be generated using the Babbitt r_ �����t-� Formula which is commonly used in the industry. The formula is as follows. —�J (population/1000)"0.2,(Minimum=2 Maximum=4) 3.Infiltration and Inflow In this master plan,infiltration and inflow shall be calculated using 400 gallons per day per acre. I _ 4.Peak Design Flow I All design of lift stations,force mains and collection systems shall use '\ the peak flow as their basis which will include the peaking factor and LegendI infiltration and inflow. \\ 55orce Mains Lift Station i Mi,.� y Force mains shall be designed to have a velocity between 2 feet per PfopOsed Mains `__ second and 5 feet per second to ensure that they are adequate to U - —"� move solids. Gravity Main(GM) I - —Force Main(FM) I ,\ F2 London Sub-Basin I S1 CITY PROPERTY -- -r-. C3LS Service AreaI - ___.._.._____„�„. 6.��City Limit I .,_....._.._.._.._....._.._,._.._..... ♦ _ ........_....._.._.. D Commercial ♦ \ ! I 18”GM / 21”GM f \ Estate Residential Low Density Residential - i=Medium Density Residential "—'Parks Public/Semi-Public I f————— / ♦ ,/ / U ...................... N ._.._.._..:� I s / ---------- / LONDON ISD FM 43 / / ---------/ M les ALLISON - `} � Nue— Bay p ----------------------- s ROADWAY v, n (j City of Corpus Christi Wastewater °°`p°s Christi Bay Service Areas •� � II u- �Px a�7 gt GREENWOO / OSO s. Public Lift Stations LAGUNA�MADRE eaoiyvin¢c°reekwsw -�I Laguna Matlre ,an ..>zu,�h.�•d< <. ,av .aa�, a maw,a,a.awa ,aas x�,..,,, ,,.¢��rva..a:= �, :off �oere.r�xma ¢oo.:more-..¢na ,¢ ,asa n7 N,.r=•N� .az,.y.,��a., ,.._�,&. ' v WHITECAP •ewn^" -------------- „ � xi,�„wnne• nmPo„i.a.w.nes x.w.va n ,as, amR•a mon,¢.aaxo.a . ,z ,ass xa�.wnnn nmPo.ma.w.nxx.w.va w ,00z ore..rNm¢v m.ory r3,00,,.e�.,,o. . Amendments to the Wastewater Master Plan For the London Area City Council Presentation April 24, 2018 `opus�yqs < u y +ase bject Area 100 ear 500 Year !' <... L1on on ISD L 0 0.125 0 25 0 S Miles �• � . ] Greenwood Wastewater Service Area 21 25 Greenwood Service Area A GREENWOO ` (8.0 MGD) . t °ea 28 -Oso Creek I _ ooC`epk �3l` � CityJL'imftsr II II' � �_ 3� y N-1 FM 43 Subject Are 6 � 3 j Existing Adopted Master Plan Legend `a Lift Station City Limi( �1 Proposed Mains N Force Main Gravity Mam ,SLS Service Area Commercial Ee[a[e Residential LawDensity Residential Metli um Density Resitlen(ial Parks LS 1 PAWS—Public j 1/ City Property-Solid Waste Operations 15 in Gravity Main 15 m Gravity Main Proposed Regional ( Sports Complex Church M N s - — - London ISD h FM 43 Miies —— 0 0.050.1 .,4.2 0.3 0.4 Master Plan Recommended To Planning Commission Legend Z v Legend Station •'•" Proposed Mains +Gravity Main(GM) --- - --- -Farce Main(FM) --' r=Land Sub-Rasin OLS Service Area �••.: cN L r ` 1.Service area to include Ci Ocommemai /2.Relocate Lift Station I e i r R aeneai / ` I / Property L D iy Res denial Parks Semi-prRes tlemial I M d 0 y ns pates / 3.Increase gravity line P �nim / from 15"to 24" 4 / 4.Increase gravity line from 15"to 18" LS 1 City Property–Solid Waste Operations \� r1m 21"GM / 5.Increasegravityline / from 15"to 21"& _i Proposed Regional i l I f reduce length ! Sportjx Church r_— ............... Uniimded I j 6.Identify sub-basins�6ar�Ns9 /I -- a�aaas ————— — — —nrar-- oo.o5ar 0.2 osi 0.4 FM 43 5 !� Alternative / Staff Recommendation 7.Expand se ice 8.Service area to follo ice area by ia',. Opp floodway approx.95 acres l v i OSO CREEK FLOODWAY --J � ! I i Legend 4g \\ Proposed Mains G..IffyM n(CMJ �Forc M (FM( f�Lo,d s-n-saam $� City Property solid Waste Operations\\ prssarea ` -�.._................................................................ . ........ \ �„?ciry Omit � y r Estate Residencai 18”GM /21"GM I \ Low Density Residenfiai / / Proposed Regional Medium Deaalty Resideaaai / f———— sorts Complex Parks P1 ! p p Pammrsemi-OMic /� i f l Church —— . Unlimited I / I / I / / N I �D�donj50/ � ---------- ---------------------------------� FM 43 - Staff Recommendation 1. Correct service area boundary to include City Solid Waste property south of the Oso Creek. 2. Relocate the lift station approximately 1/4 mile south. 3. Increase the north-south gravity line that ties into lift station from 15" to 24" diameter. 4. Increase west gravity line from 15" to 18" diameter. 5. Increase east gravity line from 15" to 21" diameter and reduce its length to approximately 100'. 6. Identify sub-basin boundaries within the service area. 7. Expand the service area by 95 acres in the northwest area. 8. Correct the service area boundary to follow the Oso Creek floodway. se O �A H v AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 24, 2018 "CORPOppjESecond Reading Ordinance for the City Council Meeting of May 08, 2018 185` DATE: 04/03/2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, Director, Development Services NinaM@cctexas.com Agreement and appropriating funds for Braselton Custom Homes for the construction of a lift station, Wastewater Trunk System and Reimbursement Agreement. CAPTION: Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. PURPOSE: Braselton Custom Homes is required to construct a lift station inside the city limits and install a 16-inch Force Main line to adequately reach the Greenwood Wastewater Treatment Plant. The lift station will require installation of Gravity Sewer Trunk Mains to provide adequate sewer service to a proposed residential subdivision development. BACKGROUND AND FINDINGS: Braselton Custom Homes is required to construct a lift station inside the city limits and install 8,896 linear feet of 16-inch Force Main to adequately reach the Greenwood Wastewater Treatment Plant. The lift station will require installation 36 linear feet of 24-inch Gravity Sewer Trunk Main and 1,351 linear feet of Gravity Sewer Trunk Main to provide adequate sewer service for the development of a proposed subdivision within a portion of Assessors Map 154, 120 acres out of Tract 2 located west of County Road 33 and North of FM 43. Additionally, 126 linear feet of Gravity Sewer Trunk Main will be installed within the city limits to the east of the proposed lift station. Page 1 of 4 The Wastewater Master Plan calls for the construction of 18-inch Trunk Main west of the lift station and 21-inch Trunk Main east of the lift station. If the actual costs for installation of such wastewater trunk line and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Wastewater Trunk System Trust Fund for that portion of the trunk lines installed by the developer. In this case, the total construction cost is $4,266,283.53. Per UDC Section 8.5.2.E.4 Wastewater Lift Station Installations, Braselton Custom Homes is requesting reimbursement for the installation of a proposed wastewater lift station inside the city limits west of County Road 33 and north of FM 43 to serve the proposed subdivision and future development in the area. Per UDC Section 8.5.2.E.3. Wastewater Trunk Force Main Extensions, the Developer is requesting reimbursement for the installation of 8,896 linear feet of 16-inch Force Main from the proposed lift station to the Greenwood Wastewater Treatment Plant located north of the Oso Creek near Saratoga. The proposed force main will travel north from the proposed lift station and under the Oso Creek to finally connect with the Greenwood Wastewater Treatment Plant. Per UDC Section 8.5.2.E.1 Wastewater Trunk Line Extensions, the Developer is requesting reimbursement for the installation of 36 linear feet of 24-inch Gravity Sewer Trunk Main and 1,351 linear feet of 18-inch Gravity Sewer Trunk Main from the proposed lift station to a proposed subdivision west of County Road 33 and north of FM 43. An additional 120 linear feet of 21-inch Gravity Sewer Trunk Main will be installed, inside the city limits, from the lift station to the east. The proposed development west of County Road 33 will require the extension of 1,351 linear feet of 18-inch Gravity Sewer Trunk Main from the proposed lift station in order to provide adequate wastewater service to the property. Per UDC Section 8.5.2.F. Property Outside City Limits, the property owners have submitted a Petition Requesting Annexation by Area Landowners to the City of Corpus Christi prior to wastewater service being made available to the proposed subdivision. Per UDC Section 8.5.1.C.4 Review of Funds, the City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds and may, after a public hearing, adopt a new schedule of fees and charges. (Ordinance 030369, 12/16/2014) Per UDC Section 8.5.2.1. Review of Funds, the City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to wastewater trust funds or water trust funds. Page 2 of 4 ALTERNATIVES: 1 . Pay $2,000,000.00 from the No. 4220 Wastewater Trunk System Trust Fund and pay the remaining balance on a quarterly basis as funds become available from lot or acreage fee deposits into the Wastewater Trunk System Trust Fund. 2. Disapprove the Reimbursement Agreement request. OTHER CONSIDERATIONS: Future Sanitary Sewer Trunk Trust Funds will be diminished. Funding of future projects in other locations may be delayed until such time that this fund is replenished. CONFORMITY TO CITY POLICY: The developer will be installing a lift station, a Force Main line to the Greenwood Wastewater Treatment Plant, Gravity Sewer Trunk Mains from the proposed lift station to serve the proposed subdivision, and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2 Wastewater Trust Fund. Should the London Area Wastewater Master Plan amendments scheduled for City Council consideration be approved, the project will be consistent with the Wastewater Master Plan. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Beginning Ending TRUST FUND ACCOUNTS Balance Transfer Balance Sanitary Sewer Collection Fund $627,682.18 $350,000.00 $277,682.18 Sanitary Sewer Trunk Fund ($2,084262.56) $182,020.97 Water Transmission Grid Main $1,714,610.85 $1,166,283.53 $548,327.32 Water Distribution Main $1 ,112,932.88 $750,000.00 $362,932.88 $2,266,283.53 $1 ,370,963.35 Comments: In addition to the $2,000,000 from the No. 4220 Wastewater Trunk System Trust Fund, a transfer $350,000.00 from the Sanitary Sewer Collection Line Trust Fund (4220- 21801-777); $750,000.00 from the Water Distribution Main Trust (4030-21806-777); and, Page 3 of 4 $1 ,166,283.53 from the Water Arterial Transmission & Grid Main Trust (4030-21805-777) to the No. 4220 Wastewater Trunk System Trust Fund for an appropriation of $2,266,283.53 would fully fund the Wastewater Reimbursement Agreement request in the amount of $4,266,283.53 to reimburse the Developer in accordance with the Agreement. The remaining balance will be, No.4220 Wastewater Trunk System Trust Fund $182,020.97, No. 4220- 21801-777 Sanitary Sewer Collection Line Trust Fund $277,682.18, No. 4030-21806-777 Water Distribution Main Trust Fund $362,932.88, No. 4030-2105-777 Water Arterial Transmission and Grid Main Trust Fund $548,327.32. RECOMMENDATION: Reimbursement Agreement meets the requirements of the UDC. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Exhibits Page 4 of 4 Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $350,000 from the Sanitary Sewer Collection Line Trust Fund (4220-21801-777); $750,000.00 from the Water Distribution Main Trust (4030- 21806-777), and $1 ,166,283.53 from the Water Arterial Transmission & Grid Main Trust (4030-21805-777) is transferred to the Sanitary Sewer Trunk System Trust Fund (4220-21800-777) SECTION 2. The City Manager or designee is authorized to execute a sanitary sewer trunk line construction and reimbursement agreement ("Agreement") attached hereto, with Braselton Custom Homes Ltd, LP for the construction of a lift station, installation of 16-inch Force Main, installation of 18-inch Trunk Main, and installation of 21-inch Trunk Main, including all related appurtenances, for the development of a portion of Assessors Map 154, 120 acres out of Tract 2 located west of County Road 33 and North of FM 43, Nueces County, Texas. SECTION 3. Funding in the amount of $4,266,283.53 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse the Developer for the construction of a lift station, installation of force main, installation of sanitary sewer trunk mains, and construction improvements in accordance with the Agreement, 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 WASTEWATER TRUNK MAIN LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Braselton Custom Homes, Ltd. ("Developer"), a Texas Limited Partnership. WHEREAS, the Developer, in lieu of submitting a plat, has submitted a Land plan which is to be platted and developed in the future, to wit: 118 Acres existing outside the City Limits, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the design memorandum Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 8896 linear feet 16-inch PVC force main; (2-6 feet deep) Page 1 of 8 2. Install 1351 linear feet 18" PVC gravity sewer 30 feet deep; 3. Install five (5) 5-foot diameter manholes (28-30 feet depth); 4. Install one (1) 8-foot diameter wet well (30 feet depth); 5. Install lift station pump assembly 6. Install diesel stand by generator 7. Install approximately 1384' of 16" directional bore; 8. Install approximately 10,188 feet of OSHA trench protection 9. Dewatering; 10. Connect to existing waste water treatment plant and; 11. Traffic control; b. The Wastewater Plan indicates a lift station to be located on City property near Oso Creek to take advantage of the natural ground slope and help with extending gravity collection system to the service area boundaries. Exhibit 4 c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. The wastewater extension plans and specifications must be submitted for review by the City within 45 days of approval of this Agreement by the City Council. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. Where portions of the proposed Wastewater Extension reside on City land, easements necessary for the Wastewater Extension will be granted by the City upon agreement of the metes and bounds. 4. PLATTING REQUIRED. Within 45 days of execution of this agreement, Developer shall submit a master preliminary plat application for future consideration by the Corpus Christi Planning Commission for the area in the Land plan attached in Exhibit 1. 5. DEVELOPER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, within 18 months from the date of the approval of the Wastewater extension plans by the City. 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 and obligations under this Agreement. If this Agreement calls for review Page 2 of 8 or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly per published timelines. 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 of this Agreement by the City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 45th calendar day after the date of approval of this Agreement by the City Council. c. Developer fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, within 9 months after the date of approval of this Agreement by the City Council. d. Developer's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, within the later of 18 months from the date of City Council approval of this agreement or 18 months from the approval of wastewater extension plans by the City. f. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE OF DEFAULT. 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 sufficient detail, the nature of the default and the requirements to cure such default. 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 the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 business days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer by reducing the reimbursement amount due to the 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: Page 3 of 8 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; and/or 3. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the 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 in 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; epidemics; 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 claiming force majeure shall give written notice of the full particulars of the force majeure to the 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: Braselton Custom Homes 5537 Yorktown Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Page 4 of 8 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made 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 the 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 Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall, before beginning the work that is the subject of this Agreement, execute 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 bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. PLATTING FEES. Upon platting, the actual wastewater system lot/acreage fees will be credited in accordance with Corpus Christi Texas Unified Development Code §8.5. 16. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Trunk System Trust Fund, availability of funds, and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Wastewater Extension in an amount not to exceed $4,266,283.53 less the wastewater system lottacreage fees for phase 1 of the master preliminary plat required by this agreement. Reasonable actual costs are attached in Exhibit 5; the contents of such exhibit being incorporated by reference into this Agreement. b. 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. Page 5 of 8 c. The final 10% of the reimbursement will be held in retention until such time the City accepts dedication of the Wastewater Extension. d. To be eligible for reimbursement, the work must be 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. e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the 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 the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. DEVELOPMENT OF LAND. This Agreement is to encourage the development of the land within the boundaries of the London Area Master Wastewater Plan, including initially a section of that portion of Tract II as described in Correction Warranty Deed having DOC#2015011169 containing approximately 118 acres and incorporated herein as EXHIBIT 6 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer agrees, in compliance with the City Ordinance No. 17110', to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 7. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. Page 6 of 8 22. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trunk System Trust Fund pursuant to Corpus Christi Texas Unified Development Code §8.5. It constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 23. PAYMENTS CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with Corpus Christi Texas Unified Development Code §8.5. 24. DEDICATION OF WASTEWATER EXTENSION. Upon completion of the construction, dedication of Wastewater Extension will be subject to City inspection and approval. 25. 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 Developer verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 26. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/eIf 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 hftps://www.ethics.state.tx.us/legal/ch46.html. 27. CONFLICT OF INTEREST. Developer 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.comlgovernment/city-secretary/conflict- disclosure/index Page 7 of 8 EXECUTED IN ONE ORIGINAL. this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Keith Selman City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: 2018 Buck Brice, Assistant City Attorney For the City Attorney Develops . Braselto Ho By: BeBraselton ;`*P;P ULTRA V PENA STATE OF TEXAS § °'' f ' zr NOTARY PUBLIC State of Texas '�c.t,•. Comm.Ex 12-02-2419 COUNTY OF J § l This instrument was acknowledged before me on 24- 2018, by Bart Braselton, President, Braselton Custom Homes, a Texas o oration, on behalf of said corporation. t (' Notary Public's Signature Page 8 of 8 EXHIBIT 1 R - TRAM ! Fa ! ti d f A 5 f,f k I�, I. r 1 e ti r F � s t k c i . r Exhibit 2 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Braselton Custom Homes LTD., a Texas Partnership, 5337 Yorktown, Corpus Christi, Texas, 78413, owners and developers of proposed London Towne Unit 1 (see attached land plan), hereby request reimbursement of$4,266,283.53 for the installation of the waste water line in conjunction with said lot, as provided for by City Ordinance N . 17396. $4,266,283.53 is the construction cost, including Engineering and Surveying, as o n by the c upporting documents attached 1.4 herewith. Y/ /� 1 Bart Braselt e r de Dat Braselton tom Hom , LTD. THE STATE O�00 FTEXAS § COUNTY OF § This instrument was acknowledged before me on �Z , 2018, by L —a ` � a � 9r' , of Braselton Custom Homes LTD., a T xas Corporation, on behalf of the said corporation. ULTRA v PENA :f ��YAAY PUBLIC N a Public in and for the State of Texas State of Texas ,,F4F comm.Exp.12.02-2019 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Sanitary Sewer Trunk System Trust Fund, and (b) Appropriation and approval by the City Council. F: �,.( r z, 2alB Devel meat Services Engineer Date) Exhibit 3 mus c a MEMORANDUM NaFvoP Pk9 zs5a DATE: April 12, 2018 FROM: David Thornburg Development Services Project Manager (361) 826-8451 DESIGN MEMORANDUM UPDATE PURPOSE: The purpose of this is to acknowledge that the design memorandum was prepared prior to the updated Wastewater master plan amendment. DISCUSSION The design memorandum was submitted to Development Services prior to the Wastewater Master Plan Amendment being updated and as such the body of the document has not been altered. The cost estimate and the relative graphic exhibits have been updated to reflect the changes required by the new Wastewater Master plan. All other areas of the design memorandum were not materially affected by the change. K:\DevelopmentSvcs\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\1-Braselton Wastewater Plan and Infrastructure Construction\Legistar\Design Memorandum Memo.doc Exhibit 3 DESIGN MEMORANDUM For: 2 London Area Wastewater Plan Lift Station No. 11 ®�� VS Ghrtst November 3, 2017 of Gor geTvtiGes Revised: November 27, 2017 peveloPmen Revised: December 18, 2017 rzhZiA London Area Wastewater Plan -Proposed Urmd fflet Mom ..... �-- �—�— t3Car r —Fern RUM —Or7MY usid 7+rr�rrrr -.LS 8mled Ilra/ Tbwrw.rr r ra.n.wr w�.+r�eA/rr Fv.Ha Gtm RNrd.rmll FF•/r N""Wre0i1•el di*—•]rAa—N; Lew O/e{ry Rdtl.sl 1lialYewl Iib. l//fkae Orray R"4wYl Y,a�I�raMPA. MM MSM-MMMOM4MMry#FMM. V/111[ MM^— atawn r■rrw r...r..rareaw�r.rr�r.Fr o raaarraMrarrarr/.ara�bla wl/i✓A�N��� {Fw WY ►aaaarrYf�r�irr�bla.•awb�ry YY-�7brM d W/M Fu bYMbwwFaanrw Y�r.ba�r..rw }47 b 6mlry FB- Usk" 4 IS Y1 Grand am �- d a a f I e � nr a e a00501 a,q� 03 X04 Prepared R, Urban EEnginger ng $.i*_ t .MR2725 Swantner D- ve ,MYORK AA4 �,iMiK Corpus Christi Texas 73404 124938 62015 Q: T$PES01 Firm1#145A4 f<��IDIVIILE� �A 0-r tFURBAN ENGINEERING UE Job No.42900.137.00 TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION I INTRODUCTION SECTION II LIFT STATION DESIGN CRITERIA A. SITE SELECTION B. DESIGN FLOW C. WET WELL DESIGN 1. Wet Well Volume 2. Pump Levels 3. Wet Well Detention D. PUMP HEAD CALCULATIONS E. LIFT STATION EMERGENCY PROVISIONS 1. Storage Capacity 2. Discharge Prevention System F. UTILITIES IN PROJECT AREA G. GEOTECHNICAL INVESTIGATION SECTION ill PROPOSED IMPROVEMENTS A. LIFT STATION 1. Pumps and Accessories 2. Wet Well 3. Lift Station Discharge Piping and Valves(above ground) 4. Wet Well Ventilation 5. Flow Meter 6. Odor Control 7. Miscellaneous Site Improvements B. FORCE MAIN 1. Force Main Piping 2. Line Valves C. GRAVITY SANITARY SEWER 1 e 18" Diameter PVC 2. Manholes EXHIBITS AND APPENDECIES Exhibit'A' —Adopted London Area Wastewater Master Plan Exhibit'B'—Basis of Design Exhibit'C'—Project Overview Exhibit'D' —Opinion of Probable Cost Exhibit'E'—Lift Station Exhibits Appendix'A'— London Area Lift Station 16" Force Main Duty Analysis- Flygt Appendix'B'—Geotechnical Report—Rock Engineering and Testing Laboratory, Inc.. Appendix 'C'—Record of Power Outages for London ISD Area Appendix 'D'—Responses to City Comments (sent via email response) London ,Area Wa5zev a,,er Pian UURBAN LIfk Statiar, o y ENGINEERING EXECUTIVE SUMMARY The following is the Executive Summary for the plan submission for the London Area Wastewater Plan Improvements. This project involves the installation of a wastewater duplex lift station, approximately 1,470 linear feet of 18" gravity sanitary sewer and approximately 10,185 linear feet of 16" diameter sanitary sewer force main (See Exhibit 'C' - Project Overview), The London Area Wastewater Plan was adopted by City Council in April 2017 and provides a wastewater service area for an area south of Oso Creek (see Exhibit 'A'). This system will initially serve a proposed development to the west along County Road 33. Ultimately it will serve all of the area within the London Area Wastewater Master Plan. The London Area Wastewater Master Plan, as adopted, calls for two 15-inch gravity sewer lines to deliver the flow from the entire service area to a common manhole, and then to the proposed lift station via a single gravity sewer line_ As the lift station is proposed to be located approximately in the center of the service area, it is assumed that each of the 15-inch gravity lines would carry approximately half of the total flow.. Based on the criteria adopted by the city with the master plan, a 15-inch gravity line does not have sufficient capacity to carry half of the total flow from the service area. Based on that same criteria, an 18-inch gravity line does have sufficient capacity to cavy half of the total flow from the service area. An 18-inch gravity sewer line will provide a 40% greater capacity than the 15-inch line, and will do so at no additional cost to the city. See the Capacity Calculations Exhibit included with Appendix'D'. The proposed project includes 18" diameter gravity sanitary sewer lines to be built at master plan depths to serve the entire London Area Service Area. The proposed gravity sanitary sewer will start at the new lift station and branch out to serve the proposed development to the west of the lift station. A stub-out will be provided from the lift station to the east for future extension to serve developments on the east side of the London Wastewater Service Area, The proposed gravity sanitary is planned to be constructed along city and private property_ Utility easements will be dedicated for all wastewater infrastructure as needed. The material for the gravity sanitary sewer will be PVC (Green, SDR-21). The proposed wastewater lift station is a duplex submersible pump station with an 8' diameter x 30' deep fiberglass wet well_ Lift station is designed such that both the Phase 1 and future Phase 2 pumps will function with no changes, other than replacing pumps and control panel. The proposed Phase 1 pumps are 12 horsepower submersible pumps. Future development in this area will dictate when the future Phase 2, 20 horsepower submersible pumps will need to be installed in the lift station. Design of the proposed lift station will follow criteria established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus Christi standards. London Area Wasiewrater Plan IJRMN geES INo 1 of !MpgENGINEEi31NG EXECUTIVE SUMMARY The proposed lift station will pump into a proposed 16' diameter force main that will be constructed across City property, within the Greenwood Drive right-of-way, and within the Saratoga Boulevard right-of-way, and will discharge into the plant lift station at the Greenwood Wastewater Treatment Plant. Utility easements will be dedicated where needed. Design of the force main will follow criteria established by TCBQ in TAC 30 Chapter 217. A portion of the force main will be installed by directional drill across Oso Creek. The material for the drilled portion of the force main will be Fusible PVC (Green, C-900, DR 18, pressure class 235 psi). The Material for the remainder of the force main line will be PVC (Green, C-900, DR 18., pressure class 235 psi). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards, Logdon Afez Wastewater Plan URBAN !.f. S,,at an No t ENGINEERING Page ESr-2 of 2 E I I - II TRODU "IOM A. PURPOSE The objective of this report is to identify, analyze and review design issues relating to this project, develop a work plan and provide recommendations for the new wastewater lift station per the London Area Wastewater Plan. The proposed new sanitary sewer infrastructure includes a gravity sewer system, a lift station, and a force main. To date there has not been any public wastewater systems to serve this area. This system will initially serve a proposed development to the west along County Road 33. Ultimately it will serve all of the area within the London Area Wastewater Master Plan. B. LONDON AREA WASTEWATER PLAN ADOPTED APRIL 2017 The London Area Wastewater Plan was adopted by City Council in April 2017 and provides a wastewater service area for an area south of Oso Creek_ The service area is bounded by Oso Creek on the north. SH 286 on the east, Weber Road on the south, and farmland to the west. See Exhibit A at the back of this report for a map of the Wastewater Plan. Grades for the service area generally drain from south to north (Weber Road to Oso Creek), The Wastewater Plan indicates a lift station to be located on City property near Oso Creek to take advantage of the natural ground slope and help with extending gravity collection system to the service area boundaries. However, the master plan shows gravity sewer coming from the east and west. combining approximately 1,100 feet south of the lift station, and then flowing by gravity sewer north to the It station. This effectively eliminates any advantage gained by moving the lift station to the lower elevation. Therefore, it is proposed that the lift station be located approximately 1,100 feet south of the location depicted on the master plan. This will eliminate 1,100 feet of gravity sewer and replace with force main which is considerably more economical. The force main will be constructed from the new lift station northward through city property, and then adjacent to Greenwood Drive terminating at the lift station at the Greenwood Wastewater Treatment Plant. The Wastewater Plan indicates the force main to be 16" diameter. Branching out from the new lift station to the east and to the west will be gravity sewer lines, as indicated on Exhibit A. The line to the east will be a short stub-out which will be capped for future extension. The line to the west will be installed approximately to west edge of the County Road 33 right-of-way. London Area Wastewater Plan tFURBAN Lift Station No 1 ENGINEERING Page 1 of 10 SECTION I - INTRODUCTION C. SITE DEDICATION The lift station site will be located on city property. The gravity collection system will be located on city and private property. The force main will be located on city property, and within dedicated right-of-way. Utility easements will be dedicated for all wastewater infrastructure as needed. Metes and Bounds descriptions with exhibits will be provided for these locations where necessary. London Area was-evfa'e*Pian UM3AN LA Station No I -NGIN-ERING }?age 2 of 1 SECTION II - LIFT STATION DESIGN CRITERIA ...................................................................................................................... A. SITE SELECTION The new London Area Lift Station No. 1 will be located on the City's property south of the Oso Creek and will be designed such that it can serve the entire service area by gravity (See Exhibit A for approved wastewater plan). Metes and Bounds with exhibit will be developed for the site that the lift station will encompass. The site will be large enough to construct the Phase 1 lift station wet well and allow construction of future wet well to expand the pumping capacity. B. DESIGN FLOW The design flow for the proposed lift station was calculated by determining the land use for the various parcels of land within the lift station service area per the City's London Area Wastewater Plan (see Exhibit A), applying the master plan flow rate per land use type and then totaling the flows. A peaking factor of three was used, based on the Babbitt formula, and 400 gallons/day/acre was added for infiltration. Potential flowrate from the London Independent School District (ISD) property was also added, based on information provided by the school district. Exhibit 8 shows more detailed information of the service area and land use acreage used to develop the design flows. Flow calculations are shown in the table on the following page and recommended design flows for this lift station are as follows: Phase 1 Design Flow: 625 GPM (0.90 MGD) Future Phase 2 Design Flow: 1,220 GPM (1.76 MGD) Future (Ultimate) Design Flow: 3,044 GPM (4.38 MGD) The components of the lift station, except for the pumps and control panel, will be sized to handle the Phase 2 design flow of 1.76 MGD (1,220 GPM). The-lift station will be designed using Flygt(Xylem) submersible centrifugal pumps. The pump motors will be 3-phase, 460V, 60 Hz. Phase 1: NP 3153 LT-3 416 Impellor 12 Hp 669 GPM @ 32.6'TDH Phase 2: NP 3153 LT-3 413 Impellor 20 Hp 1230 GPM @ 41.6'TDH London Area Wastewater Plan tFURBAN Lift Station No 1 ENGINEERING Page 3 of 10 SECTION II - LIFT STATION DESIGN CRITERIA Phase 1 Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow (GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 Dev Around Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM - 3 42 23 65 301.75 539 84 F 623 PH 1 SAY 625 GPM Phase 2 Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow {GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 4.99 Parks(Brown Tract) 10 20 3 3 2 5 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 DevAround Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM - 3 42 23 65 London School-Future Phase ll:Avg=8 GPM - 3 24 24 135.00 Low Density Residential 14 100 3 394 38 431 15.00 Medium Density Residential 35 100 3 110 5 115 10.00 Commercial 30 30 3 19 3 22 466.74 1089 132 1 1220 PH 2 SAY 1220 GPM Ultimate Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow (GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 4.99 Parks(Brown Tract) 10 20 3 3 2 5 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 Dev Around Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM 3 42 23 65 London School-Future Phase li:Avg=8 GPM - 3 24 24 632.24 Low Density Residential 14 100 3 1.844 176 2,020 43.23 Medium Density Residential 35 100 3 316 13 329 19.68 Commercial 30 30 3 37 6 43 11001.89 2763 281 30A4 ULTIMATE FLOW=3,050 GPM London Area Wastewater Plan Lift Station No 1 E ENGINErERING I Lift 4 of 10 SECTION II - LIFT STATION DESIGN CRITERIA C. WET WELL DESIGN 1. WET WELL VOLUME The lift station will be designed using the criteria set forth in TCEQ's Chapter 217 of TAC 30. The primary design consideration for lift stations is given to wet well volume. The wet well volume required is calculated using the formula found in TCEQ Ch 217.60, V= (T* Q) 1 (4 "7.48) V= Active volume (cubic feet) Q = Pump capacity (gallons per minute) T = Cycle time(minutes) This formula is used to calculate wet well volumes when the pump capacity is equal to the peak flow. For less than 50 Hp motors a pump cycle time of 6 minutes is required, for 50 to 100 Hp motors a pump cycle time of 10 minutes is required and for greater than 100 Hp motors a pump cycle time of 15 minutes is required_ For future peak flow of 3,044 GPM (4.38 MGD) additional wet well capacity will have to be constructed. A stub-out for an interconnecting pipe between the existing and future wet wells is being provided. The preliminary recommended dimensions for a fiberglass round wet well are: Diameter. 8'-0" Water Depth- 5'-0" (EI. 3.00 to El. (-)2,00) Area_ 50.3 SF Total Volumes 251 CF (1,877 Gallons) 2. PUMP LEVELS Recommended pump levels based on design flow are provided in the following. High Level Alarm On EI. 3.00 Lag Pump On El. 1.60 Lead Pump On El. 0.60 Pumps Off EI. (-) 2.00 Actual levels will likely vary during initial flows and flow changes will occur over time. Flow should be monitored and changes made in the field as necessary. Landon Area Wastewater Plan URBAN Lift Stabor. No ' ENGINEERING page 5 o; 'O SECTION II - LIFT STATION DESIGN CRITERIA 3. WET WELL DETENTION Wet well detention calculations are based on the following previously developed values and the pump curve in the Appendix `A': PHASE 1 Peak Wet Weather Design Flow= 0.90 MGD = 625 GPM One Pump On = 669 GPM Wet Well Surface Area: 50.3 SF Lead Pump On to Pump Off at 2.6' = 978 Gallons Td = Detention Time in the wet well Td = (9781625) + (9781(669-625))= 23.8 min. PHASE 2 Peak Wet Weather Design Flow= 1.76 MGD = 1,220 GPM One Pump On = 1230 GPM Wet Well Surface Area: 50.3 SF Lead Pump On to Pump Off at 5' = 1,881 Gallons Td = Detention Time in the wet well Td = (1,88111,220) + (1,8811(1,230-1,220))=203 min. D. PUMP HEAD CALCULATIONS Pump design is based on the system analysis as presented in Appendix 'A' for one pump running (second pump is backup pump) and with the new 16" dia_ force main. The system curve was developed utilizing hydraulic calculations. E. LIFT STATION EMERGENCY PROVISIONS 1. STORAGE CAPACITY According to TAC 30 Chapter 217, storage capacity must be provided for 20 minutes of peak flow in the event of a power outage (or equal to the longest power outage in the last 60 months), to prevent the release of untreated wastewater. Nueces Electric Cooperative (NEC) provides power for the lift station site. Since this is a new lift station and a new overhead power supply will have to be constructed, there is no historical information for outages to this lift station. However, NEC has provided power outage information for the London ISD area London Area Wastewater Plan Lift Station No 1 ENGl �1�EERlN Page 6 of 10 SECTION II - LIFT STATION DESIGN CRITERIA (see Appendix 'C'). The information provided indicates the longest duration of power outage to the area was over 26-hours during Hurricane Harvey. This duration would result in a storage amount which cannot be contained within the wet well, gravity lines, and manholes. Therefore, a diesel powered back-up generator will be permanently located on site and provided with an automatic transfer switch. The generator will be sized to run one of the two phase 2 lift station pumps for at least 27 hours (one pump is designed to pump the phase 2 peak flow). Generator will be self-starting with the loss of the primary power source. 2. DISCHARGE PREVENTION SYSTEM An audiovisual alarm system consisting of a Supervisory Control and Data Acquisition (SCADA) panel located at the lift station will be provided to communicate station conditions and alarms to the Wastewater Service Center. The alarm system will monitor and provide notification of power outages, pump failures and/or a wet well high water level. F. UTILITIES IN PROJECT AREA There are no known utilities located in or around the proposed lift station site. There is an existing Enterprise gas pipeline which traverses the city landfill property and runs along Greenwood Drive. The proposed force main will cross the existing gas pipeline just south of the Greenwood Drive terminus at the city landfill property. The proposed force main will be located on the east side of the Greenwood Drive pavement and will run parallel to the above mentioned existing gas pipeline, an existing city gas line, and a small diameter sewer force main. G. GEOTECHNICAL INVESTIGATION Geotechnical investigation of the subsurface materials and conditions was performed at the lift station site, along the route of the force main and along the route of the gravity lines and a study prepared by Rock Engineering & Testing Laboratory, Inc. A copy of the boring log and the results of the soil sample analysis are provided as Appendix 'B'. The soils at the lift station are described as firm to stiff, highly plastic, dark grey to brown clay. Ground water was encountered at four of the six bore holes during the drilling operation and read again 24 hours later and water levels are presented in the soils report pages in Appendix 'B'. Well pointing of some sort will likely be required for some of the construction elements London Area Wastewater Plan ELift Station Nc 1 URBAN Page 7 of 1 U SECTION II - LIFT STATION DESIGN CRITERIA The entire geotechnical study will be included with the bidding documents for use by the contractors bidding the project. London Area Wastewater Plarn Lift Station No. 1 ENGINEERING) Page 8 of '10 SECTION III - PROPOSED IMPROVEMENTS A. LIFT STATION 1. Pumps and Accessories The proposed lift station is a duplex lift station, two pumps will be installed, with one pump handling the design flow and the other pump acting as a backup pump. The lift station will initially have 12 Hp Phase 1 pumps. When flows increase and the Phase 1 pumps near capacity future Phase 2 20 Hp pumps can be installed and control panel replaced. 2. Wet Well The proposed wet well will be 8' in diameter, approximately 30' deep, and made of fiberglass. Active volume with 5'-0" operating level is 251.5 CF (1,881 Gallons) The fiberglass wet well would be constructed with concrete bottom and top slab (note that there is also a fiberglass top to the vessel to protect the top from hydrogen sulfide gasses). One access hatch, wide enough to serve both phase 1 and phase 2 submersible pumps, will be provided in the top of the concrete roof to allow access to the pumps. Access hatches will be provided with safety grating for fall protection when the access door is opened. 3. Lift Station Discharge Piping and Valves (above ground) For ease of maintenance, the proposed lift station isolation and check valves will be installed on top of the station above the top slab. All above ground discharge piping will be constructed with ductile iron pipe and fittings An emergency bypass connection will be provided on the downstream discharge header with a tee, plug valve and blind flange to allow connection of a temporary pump should the need ever arise to bypass the lift station wet well or due to pump failures. 4. Wet Well Ventilation The proposed lift station will have passive ventilation per TCEQ Chapter 217 Regulations. The passive ventilation will consist of one 8' pipe vent with a stainless steel bird screen over the end_ 1.76 MGD = 2,72 CFS x 60 Min/Sec = 163 CFM Each Area Required- 163 CFM/500 FPM = 0.33 SF Min, USE ONE 8" DIA VENT (0.349 SF) 5. Flow Meter The proposed lift station will include a flow meter to measure flow through the discharge piping. The flow meter will be installed in a fiberglass manhole adjacent to the lift station wet well downstream of the above ground discharge piping. London Area Wastewater Pian tFL=ft Sra+.io-) No 1 ENGI'V�EERING Page 9 p' 10 SECTION III - PROPOSED IMPROVEMENTS 6. Odor Control Since the proposed lift station is brand new and peak flows are minimal, there will be no odor control systems installed at the lift station site. Space is being provided on the site, though, for a future bio-filter type odor control unit, should the need arise. 7. Miscellaneous Site Improvements • The lift station will be accessible from County Road 33 with construction of a new 12' wide access road from the existing country road to the lift station site. Proposed access road is outside of the boundary of the existing and proposed FEMA 100 year storm event. • For security, the proposed lift station site will have a 6' tall chain link fence with three strands of barbed wire. Access to the new lift station will be through a lockable 3' wide personnel gate and a lockable 12' wide main gate to allow for vehicular entry. • Control panels and wet well access hatches will also be lockable to limit access. • A security light will be provided with dusk till dawn photo cell. B. FORCE MAIN 1. Force Main Piping The proposed 16" diameter sanitary sewer force main will be constructed of PVC (green, C-900, DR 25, pressure class 165 psi). The proposed force main will be installed with a minimum of 2'-6" of ground cover. 2. Line Valves Line valves for isolation of the force main will be installed at maximum 2,000' intervals. C. GRAVITY SANITARY SEWER 1. 18" Diameter PVC All proposed PVC gravity lines will be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500' apart per TCEQ Chapter 217 requirements. Manhole wall thickness and construction will conform to City of Corpus Standard Details and Specifications. London Area Wastewater Pian IVRBAN Lift Station Na 1 ENGINEEfiING Page 1 cf 10 EXHIBITS Exhibit 'A' —Adopted London Area Wastewater Master Plan Exhibit 'B' — Basis of Design Exhibit 'C' — Project Overview Exhibit 'D'—Opinion of Probable Cost Exhibit'E' —Lift Station Exhibits Lo13on Area Wastew a-,er P1,3r URBAN Lift No 1 ENGINEERING Exhibit A London Area Wastewater Plan - Proposed Legend Litt Station City Limit Proposed Mains Force Main y... Gravity Main ©LS Service Area Commercial Estate Residential Low Density Residential Medium Density Residential Parks Public!Seml-Public .v, 1I9I HX3 LSI Average Daily Wastewater Flow The service population and wastewater flow generation for the lend use identified atm In this area are as followed p.ee.vw. >" Lai Cf. L-LLYn r....W.e AIM w rw aew.w..wiw. Off. Doe ReAme i 14 W _41101.01.r1 Ms .f.mon,.sea+ar it H In f•e jp4M,11mM cwwnd CA I'S >. IM a ffr M NA II 0 Pa MA Wit ...NW I+A fo a ... 2.Peaking Factor The peak flow for all land uses shall be generated using the Babbitt Formula which Is commonly used In the industry. The formula is as follows. PF - 5 a (population/1000) A 0.2, (Minimum 2 Mexknum .4) 3.Infiltration and Inflow In this master plan. infiltration and inflow shaft be calculated using 400 gallons per day per acre. 4 Peak Design Flow All design or Ittt stations, lorry mains and collection systems shall use the peak flow as their basis which will include the peaking factor and Infiltration and Inflow. 5. Force Mains Force mains shal be designed to have a velocity between 2 feel per second and 5 feet par second to ensure that they are adequate to move solids. roo t) 1:10,455 Mlles 0 0.05 0.1 • 0.2 0.3 0 4 lei 1I81HX3 ff■■■■f.■■r■■f■■■■f._fff■■fr■fffrfrff++f+f SLAC o ■I > +++r+ O m W ✓ m 0 ♦r++++ `" 0 c z In Z L r+++•+• z a to ++• r xt O (_-,n Q Z nn NIr- Z0 c p mm f+ i rf r+rf ff■■■■■f.■.f c_ _) , C' \� 1 • c0 0 0 -0 0 l -< % 0 m m It a C CR 47 000 Dom Dv 9Z OZZ r z, rT: 0 r trr It ENGINE ARING N BASS OF DESIGN a M • MMMMM MMMMMM m r fr • rf MMM m cnz 0 z 00 0 O A sop I !g a [i Ll f 111 .ONION AREA WAS EWATER PLAN LIFT STATION NO 1 CORPUS OMR, =AS ALX M ACTED CHI IUD' w WE wt. N EXISTING GREENWQOD c� Ta9 WASTEWATER TREATMENT PLANT / zkip 0 750 1500 3000 GRAPHIC SCALE , LEGEND PROPOSER SANITARY SEWER FUTURE SANITARY SEWED! / FM — PROPOSED FORCE MAIN 16' PVC FORCE MAIN PROPERTY LINE TO EXISTING MANHOLE -7� OSO / fie f I ffl 1 I f 1 BROWN f e LIFT STATION `1 TRACT f 24" GRAVITY LINE nA+ � I f 11 I f L l f 21' GRAVITY LINE 'Br Ag Ur L w 18 GRAVITY LINErAn �, r C.R. 43 (WEBER ROAD) EXHIBIT C N EXHIBIT OF PROPOSED URBAN LONDON AREA MASTER PLAN WASTEWATER rr ENGINEERING C INFRASTRUCTURE 3 m Note. This exhibit was revised per city request on March 27, TWE M No. 145h TOPLS FFN M IMU400 2018 to reflect a change in size of gravity sanitarysewer 2M SWM1W Ort COPS CNresn,1X 7NN lines. The sizes shown on this revised exhibit are congruent PHONE 36LB54.3KR WWWMANENC.COM m with the sizes shown on the citys revised London master 5' sanitary sewer plan which was presented to planning JOB Na 42MU7.00 commission on 3/21/201B. S\Pro rtl7\+29mw\+2900IEIWIO+sr�\rny hrw Drum\EobJ%\.,Ata 0 P+ ,tte Amtmtn Lcraute\12 NRR Lrcrt4 0n1r,wn_2i stat Ic SPale_5 m cemer_IE 10 Ero.n o- J Aowd.g mW*d tT mOitc o+3/21/7016 9135E w Eng Michael C.York,P,E. OPINION OF PROBABLE COST March 26 2018 for Job No 42900 B7 00 LONDON AREA MASTER PLAN URBAN ENGINEERING REIMBURSABLE TBPE Finn No 145 SANITARY SEWER IMPROVEMENTS ITEM _ DESCRIPTIO_N QUAN. DUAN. UNIT UNIT TOTAL. +5% PRICE COST NEW LIFT STATION 1 Mobilization Bonds Insurance 1 1 LS S18 000 00 $18 000 00 2 Lift Station No 1 1 1 LS $425 000 00 $425 000 00 3 Lift Station No 1 Access Road 2 924 3.070 SY $5000 $153,50000 NEC Cost Estimate To Provide 480 v13 Ph 4 Overhead Power LS Site 1 1 LS $100000,00 $100,00000 5 Emergency Generator wl Foundat on 1 1 LS $110000.00 $110,00000 LIFT STATION CONSTRUCTION SUB-TOTAL: $806,500.00 Contingencies @ 15% $120,975.00 LIFT STATION CONSTRUCTION TOTAL: $927,475.00 EASEMENT COSTS: TBD (� ENGINEERING,SURVEYING,STAKING,&TESTING @ 12°x: $112,000.00 SWPPP ITEMS: $7,500.00 LIFT STATION GRAND TOTAL: $1,046,975.00 NEW 16"FORCE MAIN TO GREENWOOD WWTP 1 Mobilization,Bonds Insurance 1 1 LS $38000,00 $38.00000 2 16"0900 PVC Force Main(Green Pipe) 8,896 9 341 LF $75.00 $700.57500 3 16"D 1 90 Degree Bends(MJ) 3 3 EA $2,150.00 $6,45000 4 16"D 1 45 Degree Bends(MJ) 5 5 EA S2150.00 $10,75000 5 16"01 22112 Degree Bends(MJ) 3 3 EA 52,150.00 $6,45000 6 16"D 1 11 114 Degree Bends (MJ) 3 3 EA $2,150.00 $6.45000 7 15"Plug Valve and Valve Box(MJ) 5 5 EA $7,800.00 $39,00000 B Air!Vacuum Valve Installations 3 3 EA $12,250.00 $36,75000 9 Well Pointing-Force Main 2,000 2,100 LF $50.00 $105,00000 10 Asphalt Pavement Repair(Existing) 120 126 5Y $50.00 $6,30000 1i. Concrete Pavement Repair(Exist Driveways) 300 315 SF $10.00 $3,15000 12 Directional Bore Oso Creek-16"Fusible PVC 1,384 1 453 LF $400.00 $581,20000 13 Construct Horizontal Directional Drill Pads 2 2 EA $30,000.00 $60 000 00 14 Tie to Wastewater Treatment Plant 1 1 LS $25000.00 $25 000 00 I 15 Traffic Control 1 1 L5 $7500.00 $7,50000 16 Marker Signs 20 20 EA $150.00 $3 000 00 17 OSHA Trench Protection-Force Main 8,896 9,341 LF $1.50 $14,01150 _ FORCE MAIN CONSTRUCTION SUB-TOTAL: $1,649,586.50 Contingencies @ 15% $247,437.98 FORCE MAIN CONSTRUCTION TOTAL: $1,897,024.48 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $230,000.00 SWPPP ITEMS: $20,000.00 FORCE MAIN GRAND TOTAL: $2,147,024.48 MICHAE�.,C..YORK �� 2� -� 124938 . f fr;P',*'41 ENS •������ X YONALE G r S lProgects"2000upW29005B700\Contract AdministratroMEsUrnatingTinal Cast Estimate_18 to Brown around Agape_21 stub to Sparts_24 t 1 DF 2 Eng:Michael C.York,P E OPINION OF PROBABLE:COST March 26,2018 for Job No 42900.137.00 URBAN ENGINEERING LONDON AREA MASTER PLAN REIMBURSABLE TBPE Firm No, 145 SANITARY SEWER IMPROVEMENTS ITEM° _ DESCRIPTION QUAN. QUAN. UNIT UNIT TOTAL +5% PRICE COST LINEA'Gravity Sewer West or Lift Station to CR 33): 1 Mobilization Bonds,Insurance 1 1 LS $16 000 00 $16,00000 2 24"PVC SDR 21 28'-30'Cul 36 38 LF S46000 $17,480 00 3 18"PVC SDR 21 28'-30'Cul 1,351 1,419 LF $38500 $546,315 60- 4 Embedment 1,387 1,456 LF $750 $10,92000 5 OSHA Trench Protection 1,387 1,456 LF $8.50 $12,37600 6 Well Pointing 1,387 1,456 LF $50.00 $72,80000 7 5'Diameter Manhole(28-30'Deep) 5 5 EA $14750.00 $73,75000 LINEA'CONSTRUCTION SUB-TOTAL: $749,641.00 _ I Contingencies @ 150 $112,446.15 LINEA'CONSTRUCTION TOTAL: $862,087.15 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $105,000.00 _ SWPPP ITEMS: $10,500.00 I r LINE'A'GRAND TOTAL: $977,587.15 LINE'B'Gravity Sewer(stub out to East of Lift Station) l — 1 Mobilization Bonds,Insurance 1 1 LS $10 000 00 $10,00000 2 21"PVC SDR 21 (28'-30'Cul) 120 126 LF $41500 $52,29000 3 Embedment 120 126 LF $750 $94500 4 OSHA Trench Protection 120 126 LF $850 $1,07100 5 Well Pointing 120 126 LF $5000 $6,30000 LINE'S'CONSTRUCTION SUB-TOTAL: $70,606.00 _ Contingencies @ 15% $10,590.90 LINE'B'CONSTRUCTION TOTAL: $81,196.90 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $10,000.00 SWPPP ITEMS: $3,500.00 LINE'B'GRAND TOTAL_: $94,696.90 PROJECT COST SUMMARY i 1 New Lift Station _ �_- -� ._ $1,046,975.00 2 New Force Main to Greenwood WWTP _ _ $2,147,024.48 3 LINE'A'Gravity Sawer_(West of Lift Station to CR 33 f $977,587.15 4 LINE'B'Gravity Sewer(stub out to East of Lift Station) I $94,696.90 ESTIMATE OF TOTAL PROBABLE PROJECT COST $4,266,283.53 Note 1 This cost estimate was revised per city request on March 26 2018 to reflect a change in size of gravity sanitary sewer Imes The sizes shown on this revised estimate are congruent with the sizes shown on the city's revised London master sanitary sewer plan which was presented to planning commision on 3121/2018 p0r. { MICHAEL CYRK � .. 0, .o f 249 ;, Q 38 .1: 1 ! f�44 .... 11k �NG 5 tPrejetls%42000upW2900187ad'.Frntrad AdministrabentEstimatrgWinal Cost Estimate-18 to Brown around Agape 21 stub to Sports 24 to LS 2 of 2 aV+.-i..a�gHa+MrM1c�Vw aw W..�wY.r�•}Ma 9FW1 i.la.N rfw.. i�ur�/1m �rnw 1 11 �fl 1 � 1 1 , ,1 rib �a a 1 c R , _ lie � 1 f 10° g ��N UFT STATON SITE PLAN m..u. ate. � 01 ENGINEERING ► LOND M MEA MIAE=PLMI vM:n.e ir'r n�nuue .sr - WAEIEWATM 1E'AAEFFKIM$ o�A mus PAIL =M7 - •Vwr•�.NIAwMiM�rlYr�VM MN VrwYr....Loim•UI li.o ri i4.M�.-iiMRliT 1 M H y 1� r -�� ----------- I 1 i --------------- I i ��- 1 1 � 5 �•. 1 1 k� 1 r !------- I `` 11 1 1 �C R 1 1 \ 1 Hd •ir M rm } i I I� I Y ( • \ 11 rl �^ 4 I i �•�Q4p � � � ur • .■ IS ISS m LIFT STATON SITE DMENSM a. UROM ELM ENGINE LONM ATEA YARM PLAN �o i:rte'+iia` o�n 1R Icr WAMVAIM ff WTAC111iE Com Q*"T1.iC11A9 otic ac iai7 fN.nn.IYC•Ni+M�.w�Mw'Jr•M/V�wH•ti..�•d�u. .o.y�.�1.rte..�}M/1�11•�.�.• h � s -- � j •Mai ���p�� j9E --- 4 gill, 114�� �r s:= p ' c '� cti�� � tla �`� ■ 8 :3 �rp A a ■yl r Q _ Et AX a 51 ■ � � � � � ��: � � a �■ � � ed � 68 i iis jL'1 i t11+ NV rn It a i/ij�t iE E� �rl� �! ■, �i�{t 4N BAN LFT STATION SECTION & DETAILS ENGINEERING "^■"�'��� `,tet Bp lOFDOy AWA LAApTFA R1W ■tvai.. .i Hamra ■cr lm : .�..'a�. WAWMWATM AASTMUTUM carom mmm tcrw A•1L Drr-M7 \Vnnvt���Vlw/J1odwy�ys�i��Yi..MY+r�ri{w K.�tin ti^{��r rl�i����n Ii�inwl f w a W 1_ r g b r IIPWEM L%LMN w wi x r � I .£3 fed r � � a 4 A i A 8P S a � ip7 f LIFT STATION ACCESS ROAD ENGINEERING �la�•�� �w ... �. 8 LOH7pH AFEA WAM RAN ius rypelllf OCOI@ KT WAR"AMM IFRAo7RWNE pr451l.TEU3 wrc otc mir APPENDIX Appendix 'A'—London Area Lift Station 16` Force Main Duty Analysis - Flygt Appendix'B' —Geotechnical Report—Rock Engineering and Testing Laboratory, Inc_ Appendix 'C' — Record of Power Outages for London ISD Area Appendix 'D'—Responses to City Comments (sent via email response) London Area Wastewater Plan JtFURBAN Lfft Station No t ENGINEERING Joh No.42900 8 I.-jo jawtedM.22.17 :by, SOW London Area Lift Station PRINTED 28' Static Head 16" Force Main DATE: TIME- Revision Notes _tftVO.00Oddk3In PIPC Okilmnskm Beglmr ing Loratton-New lift station approldmatety 5047 to the north of the CR 33 and FM 43 intersection Pipe Diane Pipe Diem Area Wetted on the east side of CR 33 (iflCt7e3) (loath (ft"2) Perim. 8 0.67 03491 20944 Ending Location-Discharge Into existing manhole on 18 1.33 1390 4,1888 soud%vest comer of Saratoga and Greenwood Onvation Daft a Location Elevation Top of discharge pipe at lift station 3400 Mn water surface In LS wet wall 8.00 Difference = 2800 It Static Head - 28,00 ft Ellam Lengths 8'Pipe Equ valent Equivalent 16'Pipe Equiv Equiv Description Quantity Length(LF) Length(LF) Description Quardiby Length(LF) Length(LF) e•90 Degree Bend 20 21 42 16.45 Degree Bend 200 20 - 400 e•45 Degree Send 20 10 = 20 16•Plug Valva 2 Q 46 = 92 8'Tea(Branch Flow) 1 45 x 45 16"Discharge 1 00 = 80 6'Tee(Line Flow) 1 15 15 8'Plug Valve 1 ® 23 = 23 8'Check Valve 1 ® 54 54 6"xlB Increaser 1 at 14 = 14 Equivalent length for fittings,valves etc = 213 LF Equivalent length for fillings.valves etc. = 572 LF Length of 8'Pipe = 48 LF Length of 16'Pipe - 8900 LF Total Equivalent Length of 8'Pipe - 259 LF Total Equivalent Length of 16"Pipe - 9472 LF C9lwleted System Curve HL " Q 185 L 1 716•A'C'((AJP)"0.63) ] X � 7 HL a Head Loss(ft) O■Flow(efs) A a Area(sf) C CoefT arrt of Fricinn P-Wetted Perimeior(ft) L-Equivalent Length of Pipe(R) £q.Length Eq Length 259 9472 3"PVC Pipe 16"PVC Pipe Flow Flow Flow C-140 C-148 Static { ag Ildayl GPM (ds) Headless(Iq Headloss(ft) Head(fit TM(11) Pressure(esti 72000 50 0.11 0.02 0,02 28 00 2804 12.2 144000 100 0 22 0 06 0.07 28.00 2813 12.2 288000 200 045 0.21 0.26 26 W 2848 12,3 432000 300 0 67 045 058 28.00 2901 126 576000 400 0 89 076 095 28.00 2971 12 9 720000 500 1 11 115 144 28 00 30.59 13 3 864000 800 1.34 161 2.02 28.00 31.63 137 0 a 1.39 1.74 2.18 . 4. sal 1008000 700 1 55 214 269 78,00 32.83 14. 1152000 800 178 274 344 28,00 34 16 14.8 1296000 900 2,01 341 4.28 2800 35,69 15.5 1444000 1000 2 23 414 5.20 2800 37 34 18.2 1564000 1100 245 4,94 820 28.00 3914 170 1728000 1200 2-67 5-81 7.28 28.00 41.09 17 8 1800000 12W 2.79 626 7.85 26.DO 42.11 13.3 lPhase 2 Des n Flow 1872000 1300 2.90 673 8.44 28.00 4318 187 2016000 1400 312 772 9.69 2900 4541 197 2180000 1500 3.34 8 77 1100 2800 4778 207 2304000 1600 3-58 9.88 12,40 2800 50.28 218 2448000 1700 379 11.06 13.87 28.00 52.93 229 2542000 1800 4.01 1229 15.42 2800 5571 241 2736000 1900 4.23 1358 1704 26.00 5862 254 2880000 2000 4.46 1494 1874 2800 6167 267 3240000 2250 5-01 18,57 23.30 26.00 89B7 30.3 3600000 2500 5 57 2257 2831 2000, 78.88 342 3980000 2750 613 28,92 33.77 2000. 88.69 384 4320000 31300 888 3182 39.67 28,00 9929 43.0 4680000 3250 7.24 3667 46.00 2800 11067 48.0 5040000 3500 780 42.08 52.78 28.00 122.82 53.2 WRelWFS07Z*tsPrpi.els,A2000upu2QWB70MO"VWFJ,nW 0&&Vn'"Statim Llvagn M@=,Appwax,2sn stxw IOINCH FM Headh ss Cw @ 0 32.17 is APPENDIX 'A' xylem NP 3153 LT 3- 416 Duty Analysis Ift] Head low head-- 49 46 47.1SYSTEM 46 45.. CURVE 44 431 42 41 40 39 38 37 36 35 PUMP 34 32-1 El CURVE 31 30 29a 28 27 26 25 24 23 22 72 7a., 21 — — .-- -----21.2 ft 20 19 699 GPM18 @ 17_ 32.6' TDH 16 15 14 13 12 11 10 9 B 71 16 187mn 6 43 PHASE 1 b-'_ 21 SELECTED PUMP z� �` 1 — 1438 US g.p.rn 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 [US g.p m] A"PureCOW SO c,r�.5s _ Individual pump Total Pumps runnln2 Specific fsyatam Flow Hud Shalt power Flow Hud Shaft power Pump off anergy NPSHre arhaed 7a40U51A7 MR 'C7rp 1446US1p7 2128 lr"tv 7Z1% IOSW^VSMG 2IL72 1 WUS191.7 3zea �.4h1 61 51a.7 326R x4hc 53.2'4 217WMSMG 3"81 Project !A IQ 4 CM&W by I Creatad on LM; Lnadar LB rf Patrick lsalaraioa 312412017 =4=117 APPENDIX 'A' xylem NP 3153 LT 3- 413 >�. T Duty Analysis ;fojHead low head 6" SYSTEM 641 CURVE 62 60y 58, 54 y 25048 52- 50- 48: 46- 42- 642 PUMP 40 CURVE 36 Eff. 34 796 32- 30- 29.6 ft 2B- 26 24 zz 1 230 GPM @ 20 41 .6' TDH 1V ,6 14_ 12-x+ g 10 8 13 217rirrt 6A PHASE 2 41 SELECTED PUMP 1793 US g.p.m 0 400 800 1200 1600 2000 2400 [LIS 9 p.m] talc►wa cavo ISO Cove=i'c� t Individual pump Total Pumps running S eeifle ISystem Flow Head Shaft power Flow Head Shaft power Pump off. enirgy NPSHre iowhw 1790LSg.p.m 25.5! 77.2hp 179BUSpprr. 29.68 17,2hp 78'4 135WAVUSMG 28.B6 1' L,rj�g.p.m 4.5St 'rr�hp 1230USgpm 41.6!! 1ri9hp 7HB 193W^USMG 29.21! PYOjoCt i Ptujod to I cisrted by ;cmWed an Last update Loadaa LS Pik Pahci" SI24=17 W4=17 APPENDIX 'A' SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM, AND GEOTECHNICAL RECOMMENDATIONS FOR THE PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS — UE JOB NO. 42900.13700 OSO CREEK-- FROM GREENWOOD DRIVE TO CHAPMAN RANCH ROAD CORPUS CHRISTI, TEXAS RETL JOB NUMBER: G117309 PREPARED FOR: URBAN ENGINEERING 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 AUGUST 10, 2017 PREPARED BY: ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TEXAS 78409 PHONE: (361) 883.4555; FAX: (361) 883-4711 TEXAS PROFESSIONAL ENGINEERING FIRM NO. 2101 r��gst� s * � ; MARK C. ROCK �11ii1 : ....71395.... . 1 t 888 t •.. ��fi�'��'c►�����o.\��� Brian J. Geiger, P.E. Mark C. Rock, P.E. Geotechnical Engineer Vice President of Operations Cell: 906 370 5196 Cell: 361 438 8755 • *� 04, F I APPENDIX 'S' August 10,2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek-From Greenwood Dr. to Chapman Ranch Rd.; Corpus Christi,Texas Attn: Mr, Mark Maroney, P.E. RETL Job No.: G117309 Soil Profile Table: Borina B-1 D Description LL PI C -#200 K, Kp 0-22 Fat CLAY 60-69 39-45 1,900 0 120 86-98 0.49 2.04 22-31 Fat/Lean CLAY - - 1,100 0 120 77 0.49 2.04 31-50 Fat/Lean CLAY - --- 1,900 0 60 55-85 0.49 2.04 50-58 Silty SAND - --- 0 31 55 13 0.32 3.12 58-60 Fat CLAY --- - 1,500 0 60 - 0.49 2.04 Soil Profile Table; Borinq B-2 D Description LL PI C y, -#200 K. Kp 0-24 Fat CLAY 71-74 50-53 700 0 115 67-83 0.53 1.89 24-37 Fat/Lean CLAY - --- 1,400 0 60 - 0.49 2.04 37-47 Fat/Lean CLAY - --- 800 0 55 62 0.53 1.89 47-60 Fat CLAY - --- 2,300 0 60 100 0.46 2.16 Soil Profile Table;-Boring B-3 D Description LL PI C 0 Y. 4200 K. Kp 0-28 Fat CLAY 60-61 39 1,600 0 120 83-88 0.49 2.04 28-34 Silty SAND --- - 0 34 55 55 0.28 3.54 34-35 Lean CLAY - --- 2,500 0 60 --- 0.46 2.16 Soil Profile Table; Boring B-4 D Description LL PI C y. 4200 K. Kp 0-16 Fat CLAY 51-70 34-51 1,500 0 120 83 0.49 2.04 16-25 Fat CLAY - - 2,200 0 60 - 0.46 2.16 Soil Profile Table; Boring B-5 D Description LL PI C Y. 4200 Ka Kp 0-12 Fat CLAY 55-67 37-48 2,300 0 120 86 0.46 2.16 12-25 Fat/Lean CLAY - --- 3,000 0 60 84 0.46 2.16 5 of 10 JAPPENDIVU1, August 10, 2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek—From Greenwood Dr to Chapman Ranch Rd.; Corpus Christi,Texas Attn Mr Mark Maroney, P-E. RETL Job No.. G117309 Soil Profile Table; Borin B-6 D Description LL PI C o y. 4200 K. K, 0-20 Fat CLAY 57-59 39-40 3,100 0 120 88-92 0.46 2.16 Where: D=Depth in feet below existing grade LL= Liquid limit(%) PI = Plasticity index C=Soil Cohesion, psf(undrained) �=Angle of Internal Friction, deg. (undrained) y.= Effective soil unit weight: pcf 4200= Percent passing the Minus#200 Sieve(%) Ke=Active Earth Pressure Coefficient Kp= Passive Earth Pressure Coefficient The trench protection should be designed to provide the most conservative design given the design parameters provided in the tables above. It should be noted that the values for the design of braced excavations provided in the tables above are based on the soil strengths and soil densities encountered in the field and generally accepted empirical formulas correlating undrained shear strengths to drained shear strengths and the corresponding angle of internal friction for clay soils. The active and passive earth pressure coefficients were calculated using the drained angle of internal friction as recommended in "FOUNDATION ANALYSIS AND DESIGN", written by Mr. Joseph Bowles where he states, "Drained soil parameters for stiff clays and O-C soils in general may be appropriate for lateral pressures behind braced walls where the excavation is open for a considerable length of time." Groundwater Observations Groundwater (GW) observations and the depths the borings caved are provided in the following table: GROUNDWATER OBSERVATIONS BORING NO. DURING UPON COMPLETION 24-FLOUR DELAYED DRILLING READING B-1 31' Dry and Caved at 27' Dry and Caved at 27' B-2 24' GW at 8' and Caved at 12 GW at T and Caved at 15' B-3 30' GW at 16 and Caved at 24' GW at 8'and Caved at 10' 134 Dry Dry and Open GW at 10'and Caved at 16 B-5 Dry Dry and Open GW at 12'and Caved at 13 B-6 Dry Dry and Caved at 16' Dry and Caved at 16' 6 of 10 JAPPENDIA 'S' G�� l� • GEOTECHNICAL ENGINEERING �O •CONSTRUCTION MATERIALS ENGINEERING&TESTING •SOILS ' ASPHALT•CONCRETE BORING LOCATION PLAN CHI Google Earth August 10, 2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek—From Greenwood Dr. to Chapman Ranch Rd.; Corpus Christi. Texas Attn Mr. Mark Maroney P E. RETL Job No.: G117309 RocK ENGiNEmiNa&TE;SnNG LABCRAToRy. INc. www.rocktesting.com 6817 LEOPARD STREET•CORPUS CHRISTI.TExA5 78409.1703 10856 VANDALE ST.Sui ANTONIo TExAs 78216-3625 Omce.(361) 883-4555•FAx:(361)883-4711 OF E (210)495-M•FAX' (210)495-8015 No.1 RolMDwLLE LANE- RouND ROCK,TExAs 78664 APPENDIX V OFFICE:(612)2844MM - FAx (512)2847764 LOG OF BORING B-1 SHEET 1 of 1 + CLIENT: Urban Engineering `�,Eta� rc8r Rack Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements 6817 leopard 5t. Corpus Christi,Texas 78409 LOCATION: Greenwood Dr_; Corpus Christi_TX +eo Telephone: 361-883-4555 NUMBER: G117309 4+jo Fax 361-883-4711 A` DATES DRILLED: 6017-612117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Holum Stern Auger IMITS W GROUNDWATER INFORMATION: Z b � Groundwater was encountered e<a depth of 31-acct during doling LU ~ ? y Dry and Caved at 274eet upon completion. co r g Z L 8 24-Hour Delayed Readings Dry and Caved sy 27-reet. W:3 �O�/r11 d U U u1 t N 1'17 U3 > > N V~! Z y W 0 N Z CL IL _jo 0o° y a a 05 'z rz u z u SURFACE ELEVATION: NIA r°n o ran z b a 2 LL PL PI o ° c°° 'Ea- ° DESCRIPTION OF STRATUM S5 N=6 18 FAT CLAY,moist, dark gra firm. 141417 5-1 — Y 5 S-2 P=4.5+ 21 66 23 43 a6 Same as above,gray and brown,with calcareous nodules very SH stiff.(CH) S-3 P=4.25 18 105 2.3 Same as above, brown. SH P=2.75 23 60 21 39 89 FAT CLAY.moist, brown,very stiff. (CH) 10 s-4 SH S-5 P=2.5 28 Same as above, brown and greenish gray. SH P=3.25 26 69 24 45 96 0.8 98 Same as above,greenish gray,firm, slickensided. (CH) 15 S-6 20 S� P=3.25 26 99 1.6 FAT-CLAY, moist,greenish gray, stiff, slickensided. SHP=1 25 19 Same as above. brown firm- 25 SH ;P=1 75 18 77 SANDY LEAN CLAY.moist, brown, stiff. 30 S-9 35 s10 I P=40 24 FAT CLAY, moist, brown and greenish gray very stiff SS NN=10 21 Same as above stiff. 40 S-11 SH P=225 22 104 1.2 a5 LAN CLAY.most brown. stiff. A5 S-12 3 ss 7-1 . : 50 S-13 Same as above,sandy.very stiffru , UY Q 55 ss N=16 23 13 SILTY SAND, moist, brown medium. ca- SSN=12 30 FAT CLAY. moist. brown and greenish gray,stiff. 60 5 Boring was terminated at a depth of 60-feet. Z N-STANDARD PENETRATION TEST RESISTANCE REMARKS: P-POCKET PENETROMETER RESISTANCE $01fq 'and location ms were de6ened by urban Engineering Drilling operations Q OC-STATIC CONE PENETROMETER RESISTANCE �nq Location Pipeliwere pedwrned by ne CatGPS o Directional nates N 27'42 27.33"W 97 Z7 4� APPENDIDI X 'S' LOG OF BORING B-2 SHEET 1 of 1 a CLIENT: Urban Engineering Rodt Engineering and Testing Laboratory, Inc PROJECT. London Area Wastewater Improvements Carp LeopardLOCATION- Greenwood Dr.; Ca us Christi, TX Corpus Christi,,T Texas 78409 rp �e q Telephone 361-883-4555 NUMBER: G117309 tf Fax 361-883-4711 A` DATE(S) DRILLED: 6/19117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERB RG Holow Stern Auger � LIMITS GROUNDWATER INFORMATION: Lu uj z a � Groundwater(GW)was encountered at a depth of 24-feet during drilling. t- ave W ~ z GW at 84eet and Cd at 124aat upon completion. r 0 W tz t 0 � � � � � � $ 24-Hour oelayed Readings GW at 34eet and Caved at 15-feet m 7 �O U U ? y w 2 O v7 lif Q H H N 9 UW) S >-Cn J LU 7 W N W 4F V1 Z o w a ¢ m o°° o _j a g > o o M, o = SURFACE ELEVATION: NIA rn o w rn z a a LL PL PI o a 0 � DESCRIPTION OF STRATUM SS N=5 22 FAT CLAY.moist, dark gray, firm. S-1 $ 5-4 P=1,25 28 71 21 50 96 14 83 Same as above stiff.(CH) SH S-33 P=0.5 25 Same as above, gray,soft. SH P=1.25 29 91 14 FAT CLAY,moist, gray,stiff. 10 S-4 SH 5.5 P=0.25 29 Same as above,very soft. SS N=WOH 32 74 21 53 67 Same as above.sandy,very soft (CH) 15 S-6 SS N=7 24 FAT CLAY, moist, dark brown, firm. 20 S-7 SH P=2.75 26 Same as above, very stiff. 25 S-8 -- ------------------------ SH P=2.0 22 SILTY LEAN CLAY, moist, brown, stiff. 30 S-9 SH P=3 25 25 96 07 FAT CLAY, most, brown,firm, slickensided. 35 5-10 SH 40 P=0.75 22 SILTY LEAN CLAY.moist, brown, firm. 5-11 s5 N=9 29 62 Same as above,stiff,with sand layer from approximately 42-feet ^ � 45 S-12 ————— — —— — — �— to 44'/ feet. S ------------------------. =r ._,._ _ 50 S-13 P=4.25 31 100 FAT CLAY,mo st, brown, very stiff, ruY 55 S 14 P=4 5+ 27 se 2 2 Same as above greenish gray. ^ Ss N=12 1 23 60 Same as above, stiff. 5 15 Boring was terminated at a depth of 60-feet. J Z N -STANDARD PENETRATION TEST RESISTANCE REMARKS: P-POCKET PENETROMETER RESISTANCE Boring depth and location were determined by urban Engineering.Drilling operations a were perbmmd by RETL at GPS Coordinetm N 27'47 23.10"W 97'2T 54 30" S Qc-STATIC CONE PENETROMETER RESISTANCE Baring Location Pipeline Directional aril APPENDIX 'B' LOG OF BORING B-3 SHEET 1 of 1 a CLIENT. Urban Engineering Rock Engineering and testing Laboratory Inc. PROJECT: London Area Wastewater Improvements 6817 Leopard Corpus risti Texas 78409 LOCATION. Greenwood Dr.; Corpus Christi, TX 'ao Telephone: 361-883-4555 NUMBER: G117309 4•�To Fax 361-883-4711 9y DATES DRILLED: 6119117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERS RG Holaw Stem Auger LIMITS i aT GROUNDWATER INFORMATION: zn ju> Groundwater(GW)was encounhwed al a depth d 304eet dunnp dnLnq Uj W z F ? rn GW at 164cat and Caved at 244eet upon wmpietion. C3p j $ 24-Hour Cloyed Readings GW at 64eet and Caved at 10-feel m C ha° " =i ti W till �n U5 le aa- L 2 N N 2 (n H Q ° 1 a SDjZ-Z ' UC m rr 0 v] z a m o ° S2 Z a a z SURFACE ELEVATION: NIA vol a vai rdn z a a LL PL PI o a v (n ° DESCRIPTION OF STRATUM $$ N=9 24 FAT CLAY. moist, dark gray.stiff S-1 SH P=1.25 26 Same as above. 5 S-2 SH S-3 P=2.25 11 23 60 21 39 95 1.1 83 Same as above, brown.with sand, stiff. (CH) SH P=2.75 24 FAT CLAY, moist, brown,very stiff. 10 S-4 SH S•5 P=2.75 26 61 22 39 97 1.18a Same as above, stiff, slickensided.(CH) SH P=3.75 26 Some as above.very stiff. 15 5.6 SH P=1.75 30 FAT CLAY. moist, brown, stiff. 20 S-7 SH P=3.5 27 94 1.4 Same as above,very stiff,slickensided. 25 S-8 30 5 s N=24 24 55 SILTY SAND.moist, brown,with clay layer,medium s s N=20 27 SANDY LEAN CLAY moist, brown,very stiff 35 Boring was terminated at a depth of 35-feet. r` a 0 C7 a' z z a N -STANDARD PENETRATION TEST RESISTANCE REMARKS: m P-POCKET PENETROMETER RESISTANCE � aria location were determined by s Uroan Ergirteerinp t]ritGny openadons �3 Qc-STATIC CONE PENETROMETER RESISTANCE Borinwere g ococatm rried�P RETLo d un stat"��N Zr 47 03 so•w Sr 28'aa 30I J APPENDIX 'S' LOG OF BORING B-4 SHEET 1 of 1 a CLIENT: Urban Engineering Rock Engineenng and Testing Laboratory In--. PROJECT- London Area Wastewater Improvements eopard St. Carpus Christi,Texas 78405 LOCATION: Greenwood Dr_; Corpus Chrfsti, TX �e 4 Telephone. 361-883-4555 NUMBER.: G117309 tru Fax: 361-883.4711 R` DATE(S) DRILLED: 6/20/17-6/20/17 FIELD DATA LABORATORY DATA DRILLING METHOD(S)- ATTERBERG Holow Stem Auger IMT " LuGROUNDWATER INFORMATION' � o Groundwater(GW)was not encountered during drilling. w z � rn Dry and Open upon C-*kban. i7 U 2444our Defayed Readings.GW at 1 o-feet and Caved at 16-feet. m i �00. w Jo `� mU yzr ry >to i� J Lu H U) wb Lu (7M Z -i 1L °o ° y ° a a ¢ z a SURFACE ELEVATION: NIA ra o U) ran z a u 2 LL PL PI o a v m ° DESCRIPTION OF STRATUM 55 5-1 N=4 23 70 19 51 83 FAT CLAY with SAND,moist,dark gray, soft (CH) SH gray,P=1.75 29 Same as above, stiff. 5 S-2 9 ye SH S-3 P=2.0 22 Same as above,brown. 5H P=1.75 22 51 17 34 98 10 83 FAT CLAY with SAND. moist, brown,stiff. (CH) 10 S4 SH P=2.75 26 96 15 Same as above stiff. S-5 SH P=3.75 25 Same as above, very stiff. 15 S-6 SH P=2.75 36 FAT CLAY, moist. brown,very stiff 20 S-7 SH P=3 0 29 Same as above. 25 S-8 Boring was terminated at a depth of 25-Feet a a c� rr a z N-STANDARD PENETRATION TEST RESISTANCE REMARKS: aoring depth and location were detemrned by Urban Engirberirg.Qriling operations o P-POCKET PENETROMETER RESISTANCE were perfomrod by REM at GPS Coordinates N 27,47 64 50"W 97"28'19.50" 8 Qc-STATIC CONE PENETROMETER RESISTANCE ung Lomtn Amy Road 33 Right-d-Way J APPENDIX 'B' LOG OF BORING B-5 SHEET 1 of 1 CLIENT: Urban Engineering Rock Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements 6817 Leopard St. Corpus Christi,Texas 76409 LOCATION: Greenwood Dr.; Carpus Christi, TX +a a Telephone: 361-8834555 NUMBER: G117309 fro Fax 361-883-4711 9` DATES DRILLED: 6119117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERB RG Holow Stem Auger IMITS W GROUNDWATER INFORMATION: z o Groundwater(GM was not axounterad during drilling. w z h y Dry and Open upon mmPletian. tz tz j GW at rr $ 24-Hour Delayed Readings:Gat 1244 and Caved at 13-feet. O Q Q V U U F Q N O n! m Z Hzz vJ W D h y lil y x K x J J D 'a g g o Q ¢ Z m vZ, IL EL m o y o a } ¢ z z SURFACE ELEVATION: NIA r°n a r(n r¢n z d r o 20 LL PL PI o °a U U) ° DESCRIPTION OF STRATUM ss S--11 N=6 21 FAT CLAY, moist,dark gray,firm. 5 S 2 P=4.5+ 19 67 19 48 1134 8.4 86 Same as above, hard. (CH) SH S-3 P=4.0 20 102 4.7 Same as above,brown. SH 10 S11 P=2.5 zt FAT CLAY, moist, brown,very stiff. S-5 P=3.25 ir 23 55 18 37 84 Same as above,with sand. (CH) SH P=3,75 21 Same as above. 15 5-6 20 sH P=4.5+ 23 FAT CLAY.moist,brown,very stiff. 25 s e P=3 5 18 LEAN CLAY,moist. brown, very stiff. Boring was terminated at a depth of 25-feet. n a 0 rJ u i3 a ca 0 z N -STANDARD PENETRATION TEST RESISTANCE REMARKS' P-POCKET PENETROMETER RESISTANCE Bonng depth and location were detamined by urban Engineering grilling operations o were performed by RETL at GPS Coordinates N 27'41'52 Sir W 97'28'1Z31r. Qc-STATIC CONE PENETROMETER RESISTANCE Boring Locatm Prosed Gravity Sewer Pipeline � opAPPENDIX 'B' LOG OF BORING B-6 SKEET I of 1 CLIENT: Urban Engineering Rock Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements + ,y 6817 Leopard St. i� ' •:' Corpus Christi,Texas 78409 LOCATION: Greenwood Dr.; Corpus Christi, TX ,e°',r p361-883-47 555 FaxNUMBER: G117309 DATES DRILLED: 6/20117-6120/17 FIELD DATA LABORATORY DATA DRILLING METHOD(S)- ATTERB RG Holow Stem Auger LIMITS tGROUNDWATER INFORMATION. W z a Groundwater was not encountered dung driling. Ir i ~ ? Dry and Caved at 16-feet upon completion. W JO tz tz tz 0 � � t' � W � 24-Hour Delayed Readings:Dry and Caved at 164eet es a z (n �iraci�00 W J (] U F a r _ � N S W J C} Z z Q tUj] c Z0 t4 in z J a. ' m o°°° a CL r a z z SURFACE ELEVATION. NIA ren a eQn (n z a a M LL PL PI o ° e°.1 12) ° 2 DESCRIPTION OF STRATUM S-� N=12 20 FAT CLAY. moist, dark gray stiff. 5 HJP= P=4.5+ 15 Same as above gray and brown. very stiff. S-3P=4,5+ 19 57 18 39 105 6.6 as Same as above, hard. (CH) SHP=4.25 21 101 3.3 FAT CLAY, moist gray and brown very stiff. 10 54 SH S-5P=4.25 19 Same as above. 15 SHP=4.25 22 59 19 40 92 Same as above (CH) S 4.25 26 FAT CLAY. moist,gray and brown,very stiff. 20 Boring was terminated at a depth of 20-feet. a 0 J ru (Y1 b C7 V 2 d N -STANDARD PENETRATION TEST RESISTANCE REMARKS: M P- POCKET PENETROMETER RESISTANCE Boring depth and location were detemned by Urban Engineering.Drillingoperatwns O were perfamvd by RETL at GPS Coordinates N 27'41'52.90"W 9r 27'29 10' Qc-STATIC CONE PENETROMETER RESISTANCE Boring Location Proposed Gravity sewer pipeline APPENDIX 'B' 0 0 Nueces Etectdc Gaoperative YourTouchstone Energy'Cooperative Alt November 21, 2017 race MtCt:�n Chief Egwrtn+e Office,- z�a;4 ofn'—t- .LL To Whom it may concern, f3-Tai,.Menking i r:-. . P.. The data displayed below is a Iist of outages we have on record for London ISD, «hick is in the vicinity of the proposed lift station. Duration OutageRedD TimeOflnterru tion TimeRestored Outa edphase CustomersAffected 267 2013-05-27-0367 5/27/2013 3.11 PM 5/27/2013 738 PM ABC 32 172 2013-11-22-0163 11/22/2013 9:54 AM 11/22/2013 12:46 PM ABC 68 216 2013-11-22-0163 11/22/2013 12:56 PM 11/22/2013 4.32 PM ABC 68 145 2014.07-22-0532 7/22/2014 4:00 AM 7/22/2014 6:25 AM ABC 71 104 2014-10-21-0188 10/21/2014 10.14 AM 10/21/2014 21:58 AM ABC 1 470 2015-04-22-1013 4/22/2015 1:29 PM 4/22/2015 919 PM ABC 121 124 2015-11.07-0047 11/7/2015 12:26 PM 11/7/2015 230 PM ABC 352 1493 2016.03.19-0415 3/19/201612-23 AM 3/20/2016 116 AM ABC 153 99 2016.05-09-0119 5/9/2016 12:46 PM 5/9/2016 2:25 PM A 3 1412017-01-28-0865 1/28/2017 813 AM 1/28/2017 10:45 AM ABC 143 252017-01-31-0947 1/31/2017 1018 AM 1/31/2017 10:43 AM ABC 142 6 2017.02-20-0432 2/20/2017 451 AM 2/20/2017 457 AM ABC 153 1578 2017.08.25.0523 8/25/2017 4:16 PM 8/26/2017 634 PM ABC 183 Please note that the duration is measured in minutes. The mo lengthy outages were due to major storms. Thank you, Nueces Ele ie Authorized gent Jason Ramirez Lim APPENDIX 'C' Michael York From: Michael York Sent: Monday, November 27, 2017 3:58 PM To: 'David Thornburg' Cc: Gabriel Hinojosa;Annika Gunning;William J Green (BiIIG@cctexas.com); Larry J. Urban Subject: RE:London area design Memorandum comments. Attachments: Design Memorandum - London Wastewater Infrastructure_20171127.pdf;Capacity Calculation Exhibit 20171127.pdf David, Please find attached a revised design memorandum for your review and approval.our responses to the city's comments are below in red.There is an additional attachment that accompanies one of the comment responses. Please let me know if you have any questions, or require additional information. FYI, Larry Urban will be hand delivering a hard copy of the revised design memorandum to Keith Selman this afternoon. Best Regards, Michael C. York. P.E. URBAN ENGINEERING From: David Thornburg [mailto:DavidTh@cctexas.com] Sent:Tuesday, November 14, 2017 8:36 AM To: Michael York<MichaelY@urbaneng.com> Cc:Gabriel Hinojosa<GabrielH@cctexas.com>;Annika Gunning<AnnikaG@cctexas.com>; Bill Green <BiIIG@cctexas.com> Subject: London area design Memorandum comments. Michael the following are the comments on the information in the design memorandum that was submitted November 3r'. • Section II Flow calculations are based on approximately 4 homes per acre per the city's master plan the preliminary subdivision plan shows a density quite a bit higher than that closer to 6 units per acre. This subdivision will set the tone for the area development, is the design for 4 units per acre realistic? The preliminary layouts for the proposed subdivision result in a density that is close to that assumed on the master plan.The proposed subdivision will be located on a tract of approximately 120 acres.The master plan projected that the service area would include approximately 750 acres of residential development. It is assumed that the average density for the overall 750 acres of residential development will be in line with the assumptions on the master plan.Therefore,the design is based on the criteria set forth in the master plan. • Section II emergency storage is based on the outages in the area for the last 60 months not necessarily at the lift station. Please provide the outage history for I APPENDIX 'D' that area for the last 60 months you may use the London school complex. Identify how much of this was from the hurricane. Outage history has been provided by Nueces Electric Cooperative(NEC)for the London ISD area. Based on the information provided,it was determined that adequate storage could not be provided.Therefore,the design has been revised to show a back-up generator for phase 1. ■ Storage capacity, The majority of the storage volume shown on page 7/10 48,762 gal. is in the line to the east serving the sports complex. As this is not scheduled to be constructed it is not realistic to use it for the majority of the storage unless there are plans to construct this line in the near future. Update the storage capacity calculations based on what is currently proposed for construction. See response to above comment.Storage capacity is no longer relevant as design now includes a back-up generator to be installed with phase 1. • The master plan calls for a 15" gravity line please provide capacity calculations to justify the increase to 18". Increasing this to 18" will require a master plan amendment. In order to facilitate the masterplan amendment the utility department needs to agree and approve the capacity calculations for the upsizing of the line. Based on criteria set forth in the master plan,the peak design flow for the service area to the lift station will be 3,044 GPM.The lift station is located approximately in the center of the service area.Assuming the two proposed gravity collection lines will split the flow evenly,each line will carry 1,522 GPM.The capacity for a 15- inch gravity collection line laid at minimum allowable slopes is 1,160 GPM.This is less than the anticipated peak flow.The capacity for an 18-inch gravity collection line laid at minimum allowable slopes is 1,633 GPM. Therefore, it is necessary to use an 18-inch line in lieu of a 15-inch. (see attached capacity calculation exhibit) • How will AEP be serving the lift station? Will there be easement requirements and will there be costs associated with the extension of service to the site? The lift station will be served by Nueces Electric Cooperative(NEC), not AEP.Our team coordinated with NEC regarding electric service to the proposed lift station. Electric service will be routed from Weber, North along County Road 33,and then East within the proposed Access and Utility Easement from County Road 33 to the lift station site. Michael these are the comments that we have received from the Utility department and an internal review. Please address these comments so I can respond to Utilities. DT David Thornburg Project Manager Development Services 2406 Leopard street Corpus Christi,Texas 78408 Email,, .vir:q .erect x;7c 4^, Phone:(361)826-8451 APPENDIX 'D' London Area Lift Station No. 1 Capacity Calculations Exhibit Total Peak Design Flow Per Master Plan Criteria: 3,044 GPM MANNING'S EQUATION FOR GRAVITY LINE CAPACITY: Q = Kz R /3S1�z A n f Where: K=1.486(constant) R=A/WP(Area/Wetted Perimeter) W P=2rtr CAPACITY OF 15-INCH PVC(SDR-21) CAPACITY OF 18-INCH PVC(SDR-21) DIA(in.): 15.00 DIA(in.). 18.00 AREA(S.F.): 1.23 AREA(S.F.)- 1.77 SLOPE(%): 0.16 SLOPE (%): 0.12 MANNING 'n': 0.013 MANNING 'n': 0.013 DE51GN CAPACITY(cfs): 2.58 DESIGN CAPACITY(cfs): 3.64 DESIGN CAPACITY(Wny. x7.60 DESIGN CAPACITY(gprrq: im REQUIRED CAPACITY(gpm): 1522 REQUIRED CAPACITY(gpm): 1522 **15-INCH LONE NOT SUFFICIENT** **18-INCH UNE SUFFICIENT** Notes: 1. Criteria for values used in the above calculations was obtained from the Adopted London Area Wastewater Master Plan(see Exhibit'A'of this Memorandun), and from the Adopted Allison Service Area Wastewater Master plan (see remainder of Appendix'D'. 2. In accordance with common practice for this area, it is assumed the proposed gravity wastewater lines will be installed at the minimum allowable slopes. 3. Lift station is proposed approximately in center of service area.Therefore, it is assumed each of the two proposed gravity collection lines will carry approximately half of the total peak flow. APPENDIX 'D' Wastewater Collection System Design 20 feet. Selection of locations for lift stations and force mains were dictated by topography while avoiding parallel gravity lines and force mains wherever possible_ 3.3 Summary of Sanitary Sewer Collection System Design The sanitary sewers included in this master plan were designed on the basis of information contained in the proceeding paragraphs of this section. A brief description of this information and assumptions, which were used as a basis for the design, are outlined below: I. Ground elevations were obtained from Lidar-produced topographic maps furnished by the City of Corpus Christi. 2. Area served by a sewer assumed to be fully developed. 3. Peak domestic flow= M x Average Domestic Flow where M =5 /P11$; where P= population in thousands of contributing sub-basin. 4. Infiltration =400 gal/acre/day. 5. Design Flow= Peak Domestic Flow+ Infiltration. 6. Upper end of small lateral to have a minimum depth of 5 feet. 7. Minimum size of pipe for trunk mains = 10 inches. 8. Minimum design velocity=2 ft/s. 9. Capacity of pipes based on Manning's formula: V= 1.486/n x R,.3 x S 112 . 10. Roughness Factor: n=0.013. 3.3.1 Pipe Size Based on the minimum velocity of 2 ft/s, Tables 3-3 below was generated using Manning's formula. It illustrates the minimum and maximum slopes and pipe capacities for several sizes of pipe. APPENDIX 'D' City of Corpus Christi 3-5 LTA] Wastewater Collection System Master Plan- Allison Service Area Wastewater Collection System Design Min Max Di„_ S°,6 Min Q(efs) Clmd S%Max Q d 8 0.4 0.764 0.494 8.4 2.263 10 0.29 1.179 0.762 6.23 3.533 12 1 0.22 1.671 1.080 4.88 5.085 15 0.16 2.583 1.669 3.62 7.941 18 0.12 3.638 2.351 2.83 11.417 21 0.1 5.009 3.237 2.3 15.526 24 0,08 6.396 4.134 1.93 20.305 27 0.06 7.583 1 4.901 1.62 25.468 30 0.055 9.616 6.215 1.43 31.690 33 0.05 11.822 7.641 1.26 38.355 36 0.045 14.144 9.141 1 1.12 45.605 39 1 0.04 16.508 10.669 1 1.011 53.613 Table 3-3.Minimum and Maximum Pipe Moves and Capacities 3.3.2 Anticipated Wastewater Flows Based on the parameters and assumptions outlined in this section, anticipated wastewater flows were calculated for all sub-basins in the service area. Appendix A illustrates the Quantity of Wastewater Flow for each land use based on area and population. Using the charts in Appendix A, Appendix B was developed to illustrate the anticipated wastewater flows in each wastewater basin, and furthermore, in each sub-basin. 3.4 Lift Station Analysis Lift Station analysis was performed by anticipating all upstream wastewater contributions and comparing this result with the existing capacity for each station. Proposed lift stations in the system should be designed to handle the anticipated wastewater flows. There are thirteen existing lift stations and seven proposed lift stations in the Allison Service Area_ Each lift station is tabulated in Appendix C. APPENDIX 'D' City of Corpus Christi 3-6 Wastewater Collection System HIR Master Plan- Allison Service Area Exhibit 4 EXISTING GREENWOOD d 4?4'kA WASTEWATER TREATMENT PLANT ' B(la 0 750 1500 3G❑r GRAPHIC SCALE , 1'-1500' LEGEND Al ss 55 E PROPOSED SANITARY SEWER 41 FUTURE SANITARY SEWER / FM cru PROPOSED FORCE MAIN 16" PVC FORCE MAIN —— PROPERTY LINE TO EXISTING MANHOLE OSO CRUX e tv t t t BROWN y � LIFT STATION I TRACT 24' GRAVITY UNE 'A' I , 21' GRAVITY UNE 'B' L JS 18' GRAVITY LINE 'A' 114 z ed C.R. 43 (WEBER ROAD) EXHIBIT OF PROPOSED URBAN LONDON AREA MASTER PLAN Cr WASTEWATER Cr ENGINEERING INFRASTRUCTURE 7 rn Note- This exhibit was revised per city request on March 27, ,p IWE FRU N= 145.TBPLS nWNO.100 z400 2018 to reflect a change in size of gravity sanatory sewer 3 2715 SWANTNM OFA CWUS 511.1x 78401 lines. The sizes shown an this revised exhibit are congruent lb i4fOHE 35104.311 AWWA RANENGCau wiih the sizes shown on the city's revised London master sanitary sewer plan which was presented to planning JOB NO 429Oa.B7.M commission on 3/21/2018. 5 °•o:ct�:i7oi'r.1=K7:\ ..::,e.�.:r,'•.•.: ... ..:-. .r,;:� r... .a..ae,. a,..a.._ ,st�a_i's:.:L H:a_S 1c;-'2 iu I%. r �4_ t-j q .r...c,'/1t Y[.;a}L Exhibit 5 Eng Nlichae C Yo P E OPINION OF PROBABLE COST March 26,2018 for Job No 42900 B7 00 LONDON AREA MASTER PIAN URBAN ENGINEERING REIMBURSABLE TBPF Firm No 145 SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION QUAN, QUAN- UNIT UNIT TOTAL +5% PRICE COST NEW LIFT STATION 1 Mobtlizafon Bonds Insurance 1 1 '_S S18 000 OO $18 000 00 2 Lift Station No 1 1 1 LS $425 000 00 $425 GOO 00 3 Lift Station No 1 Access Road as 3010 SY $5000 $153,50000 NEC Cost Estimate To Provide 480 v/3 Ph 4 Overhead Power LS Site t 1 IS 5100.000 00 $100,00000 5 Emergency Generator w Foundat on 1 1 LS $110.00000 5110:000 00 LIFT STATION CONSTRUCTION SUB-TOTAL: $806,500.00 Contingencies @ 16% $120,976.00 LIFT STATION CONSTRUCTION TOTAL: $927,476.00 EASEMENT COSTS' TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $112,000.00 SWPPP ITEMS: $7,500.00 LIFT STATION GRAND TOTAL: $1,046,975.00 NEW 16'•FORCE MAIN TO GREENWOOD WWTP 1 Mobi,rzation:Bonds Insurance 1 1 LS 538 000 00 $38.00000 2 16"C900 PVC Force Maur-.Green Pipe; 6 896 "341 LF $7500 $700.57500 3 16'D 1 90 Degree Bends(MJ) 3 3 EA S2 150 00 $6,45000 4 16"D 1 45 Degree Bends WJ) 5 5 EA $2 150 00 $10 750 00 5 16 D 1 22 112 Degree Bends(MJ) 3 3 EA $215000 $6 450 00 6 16"D 1 11 114 Degree Bends (MJ) 3 3 EA S2 150 00 $645000 7 16' Plug Valve and Valve Box(MJ) 5 5 EA $7 800 00 $3900000 g Air Vacuum Valve Installations 3 3 EA $12 250 00 $3675000 9 We'l Pointing-Force Main 2 000 2 100 LF $5000 $105.000 00 10 Asphalt Pavement Repair(Existing) 12C 126 SY $5000 $6,30000 11. Concrete Pavement Repair(Exist.Driveways) 300 315 SF $1000 $3,15000 12 Directional Bore Oso Creek-16"Fusible PVC 1,384 1 453 LF 5400 00 5581,200 00 13 Construct Horizontal Directional Drill Pads 2 2 EA $30 000 00 $60,00000 14. Tie to Wastewater Treatment Plant 1 1 LS $25 000 00 $25,00000 15 Traffic Control 1 1 L5 S7 500 00 $7,50000 15 Marker Signs 20 20 EA $15000 $3,00000 17. OSHA Trench Protection•Force Main 8,896 9,341 LF $150 $14 011 50 FORCE MAIN CONSTRUCTION SUB-TOTAL: $1,649,586.50 Contingencies @ 15% $247,437.98 FORCE MAIN CONSTRUCTION TOTAL: $1,897,024.48 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 126: $230,000.00 SWPPP ITEMS: $20,000.00 FORCE MAIN GRAND TOTAL: $2,147,024.48 .......:tri ,...................... .i MICHAI.C;YRK O 124 ,...�.Z_:/2 S PrL%ft-1s 42000up 429MB700.Ccntract Administranon.Estimarng'F,na!Cost Est mate 18 to Brown around-gape 21 stub to Sports_24 to LS t �• Exhibit 5 t iy t.s :':aa.[ Y.,k P E OPINION(JF PROBABLF COST f',larch 26,c0'R or Jab No 42900 15700 LONDON AREA MASTER PLAN URBAN ENGINEERING REIMBURSABLE TBP_Firrr No 145 SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION QUAN. QUAN. UNIT UNIT TOTAL +5% PRICE COST LINEA'Gravity Sewer(West of Lift Station to CR 33) 1 Mob za'on Bonds Ins.uance i LS S15 00000 51600000 2 24 PV!;SDR 21 (28'-30'Cut 35 39 LF 5460 0: S17 430 00 3 1a PVC SDR 21 (2B'-3C Cut 1 351 1 419 LF S3850-3 $54631500 4 Embed—e-it 1 3a- 1456 LF $750 $10 920 CEJ 5 OSHA Tren=h Protezt on 1387 1 456 LF $950 512 376 00 6 Well Point rig 1,337 1 456 LF $5000 S72 87t)00 7 5 Diameter Mannole(28-30 Deep 5 5 EA $14 750 00 $73 750 00 LINE'A'CONSTRUCTION SUBTOTAL $749,641.00 Contingencies @ 15% 51112,446.15 LINE'A'CONSTRUCTIONTOTAL: $862,087.15 EASEMENT COSTS: TBD ENGINEERING.SURVEYING,STAKING..&TESTING @ 12%; $105,000.00 SWPPP ITEMS: 510,500.00 LINEA'GRAND TOTAL: S97T,587.15 LINE'B'Gravity Sewer(stub out to East of Lift Station) 1 Mogi'zation Bonds Insurance 1 1 LS S10 00000 Si0 000 00 2 21'PVC SDR 21 1128'-30 Cuts 120 126 LF $41500 $5229000 3 Embedment 120 126 LF ST 50 $94500 4 OSHA Tre ch Protection 120 126 LF S850 $1 071 00 5 We I Point ng 120 126 LF $50 00 $5 300 00 LINE'B'CONSTRUCTION SUB-TOTAL: 570,606.00 Contingencies @ 15% S101590.90 LINE'S'CONSTRUCTION TOTAL: S81,196.90 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%- $10,000-00 SWPPP ITEMS: 53,500.40 LINE'B'GRAND TOTAL- 594,696.90 PROJECT COST SUMMARY Ne.% Lift Sta£.on $1,046,975 00 2 Ne:v Force fila n to Greenwood V'!VlTP $2,147,024.48 3 LINEA G•a r ty Sewer Wiest or Lift Stators to CR 33 $977,587.15 4 t INE B G,avty Serve-isiub ou=.to Eas;of Lift Staton $94,696.90 ESTIMATE OF TOTAL PROBABLE PROJECT COST 54,266,283.53 N:to 1 Th s ccs•est-7a�a:res re,i5ed par airy regsest or:F.!a-c^28 20'B;o rzf�e-t a change rr s ze of g-a r ty sa'i tary sehe'Ines The s'zes si,ov."or ;h s re sed estn=a'e 3'e ccng'uer t W&the 5!ZeS si-o'rrr an L'ee ots reused La~don mast?:sand ar sa:rer o�an rrt:rah eras nreserted to p!a-n n comris.on on 3.2t 20'B or MICFfAI;I ...YORK. 124938 :4z; �ti�F�;���EMSE�G�Q►`�� Doc#2015011169 GF# -240 6f Stewart T1tle CORRECTION WARRANTY DEED EFFEGn VE DATE: October 28,2414 GRANTOR SSEILA14 LONDON,a single pecsoa GRANTEES: (1) BILL J BROWN,as his separate property(1131 (2) REACz4N TRAVIS BROWN,as his separate pmperty(113`d) (3) ALYSSA ANN BROWN McCOY,as her separate property(113") GRANTEE'S MAMING ADDRESS: P.O.Bax 8229 Corgus Christi,Taxan 78468 CONSIDERATION Ten Dollars and other valuable enasidersdaa. PROPERTY: The fallowing drseabad Land: TractE That 89.868 acre tract iu Nucm County,Texas as described an EXEBTr"A"herr attached and made apart hereoE Tvwt II: That 118.126 acre tract in Nueces Catmty,Tatar as described on MW3B T"A"herein dtmhed and made a partba wE Together with and including alt of the Grantor's dgbr,title a=d ktarea is and to the rigbts earl appmtea mm in any way belonging or qWmtenant to said Land,including,wiflmut limitation: n may bmj=vemeo on said.Ind; Cu)st* mad gm s if+myr ad.1ar��ar contiguous to the Lttod; CQ nay laud lying in or under the bed of any steel,alley,road,creek or stream rmmin$ Through,abutiiag err adj acrnt to Ilse Land;Crv)any ripa ian lights appurtenant to the Lend relating to surface or subnu:flce waters;and(v)casements,rights of ingress and egrtas and nevet:aonaty mte rsts benefitting or saving the Lead(the Land and other appmt mma rigbts being rcfeaed to herein as the`Tropert3o. RESERVATIONS FROM AM EXCEPTIONS TO CONVEYANCE AND WARRANTY: This coaveyau=is s=b=to the followi=g matters to the:exe=c that sucb mea p reser ly in foree and effect and affect the Property. (1) Those PetmiuM Exceptions set forth in EXHIBIT.S"; EX"18!Y to Ttt1Q Data. Inc. ST T0135968 HU 2015011169.001 meteorological rower fees,substation and/or apem&w and makaemmee bntU ft fees,crop or grassland damase payments,penalties assmod by any gavetnmtaW try for rcmnval of any ofthe Land from any gov=menW progam,ad indcinoity paymeats of any phY I geS to the Land;(iv)this reservation shall not apply m any dectacityg by wind)?owQ� the Land and Property for domestic or either non-cammereW uses on the and Property;(v) the royalty bereiu reserved is a nw-participatins and non-exeraaive ro and it sball not be necessary for the Cantor c r Grawnes assigns to join m the exe�cutian of wired power lease which may be granted or created by Grmtccs, their kens,representatives and assigns covedog the Land,or any part thereof;and all cce adve rights for any wind power case are conveyed to the Grantees,their heirs,repassemativts aid assigns,including the right to p=to the lessee the right to pool or tmitize the Land aad.Property with other Iaads; and td) the Grantor and Grants assigns shall not have any rigbt of ingress or egress oa the Im d wit$regard to this reservation for mypurpose. This royalty mserved as to wind sights shall be only for do life ofGzzata , and shall terninm on the death of Grantor GRANT OF PROPERTY: Grantor, for the Consideration and sahject to the ReservatioasF and Exceptions to Conveyance and Warranty, GRANTS, SEE t C, and CONVEYS to the Property, together with all and singalar the risks and appurtenances thereto in any y belonging,to have and to bold unto Grantees and Grantees' heirs, representatives and asst ftarevcr. Grantor binds Grantor and GTmAc s heirs, excamars, administrators, and to wan= and forever defend all and singalar the Property m Grantees and Cusntecs' repres�ives end son assrps against every perwhomsoever lawfully rtniminp or to claim same or any part therm,and except as to tine Reservations From and Exceptions m C zry and Waaaaty. When the context requires,singular nouns and pmmms Made the plural. CORRECTION This Conon Waaanty Deed is made in correction ection o£and in su bf that Waa�ty Deed dated October 28,2014 Pimm Grantar m Cusatces recorded atNo.2014041948 of the Of cid Records of Nieces Coumty,Texas(the"Original Dpurpose of this Correction Warranty Dad is to correctly set forth by metes and bmI description of Tracts I and 11 as set forth in EXIIIDIT"A"of this Caasction WaOther dura the stated correction ofthe legal deserknian,this Catsection Warranty Dto restate in all respects the Original Deed,and the effective date of this CoaoDty Deed relaxes back to the effective date ofthe Original Dead. (Signet=Pastas Follow) 3 Titre Data, Inc. ST TDI35968 tU 2015011169.003 SigDd=Page for C.onmetion WammLy Deed GHiVINU ShcdahL a&n Gna lc=BM 3.Brown Reagea T av Brawn Alyssa Ann Brown McCoy GRANTEE: Biz!L Bw;vn i. STATE OF TEXAS § r COUNTY OF § This hminza=was aelawMo ed befte me on the c 4 day 2015,by BILL L BROWN. Public, S Sit1a Data, Inc. ST 20I35968 HU 2015011169.005 S%mzt c Fagc far C=r=oon W=amy peed Grsator. Shealab Loadon Gxe bm-RML Brown Reagan Travis Brown Alyssa AnnBrawn McCoy GRANTEE. Myi4Aim BrMQwn ft- PUBLIa SLMM SM41 STATE OF UTA 1! § § MUM COUNTYOF SAGK zT A , § 4 This fimuummu Was aclmawleW before me on the 23r4dmr o 1'I Gi CG, 2015,byALY35A ANN BROWN McCOY. NowyF6Tic,Stdeff urA N nar�anrsWaomor�zse� 7 Titlo Data, Xnc. ST %M135968 HU 2015011169.007 STATE OF TEXAS COUNTY OF N13ECES TRACT 11 Field Now of a 118.126 acre tract of land being out ora 145.5 acre nxct of land as 'bed in a deed retarded in Volwne 1351,page 1 S7,Deed Reeards Nuetes County,Texas Said 119.126 acre tract also being nut of dhc 1.&G.N.R.R Survey No.135 and 139,and Tratt–D",I—rein F 'Er'ec'ts,as shown on a map recorded in Volame 3,Page 15,Map Rewrds Nueces County,Taxan.Said 118.126 acres being moss particularly described as follows~ BEGINNING at a 518"iron rod set in dm west right ofway ifCounry Riad 33,for the northeast comer ofthe20.0 acre tract,as described in a deed recorded in DoeumentNo.2001027456, ed Records of Nueces County,Texas,and for the soutbeast awnerofthlssurvey,from WIilWCE Th inmrsaction bf the west right of way of County Road 33 and the north tight of way of FM Highway 4 bears South 20310'55"West,a distartoe of 2055.79 feet. THENCE with the north boundary ofsaid 20.0 a=tract;South 86°52126•West,a dl ce of 1023.87 feet to a SW two rod set for the awthw est corner of the said 20.0 acre tract,in else cas.line of the South Texas Children's Home I:rtd Management 194.45 acre tract as described in a deed ra onded in DocumentNo-2004010103,Deed Records NuecesCounty,Texas,and forthesouthw t9 comer of this survey. THENCE with the east boundary line ofsaid 194.45 acre tract,North 01°01158"W a distance of 3146.16 fat to t[518"iron rod set for the southwest comer of the Walter B.Camp 130 49 acre tract as described irra deed recorded in Document No.1997034377,Dead Records Nuecrs Cc unty.Texas,in the can line of the said 194.45 acre tract„and for the northwest comer of this survey- THENCE with the south boundary line ofthe said 130.49 acre tract,North 88°49'45 Fast,a distance of 2246.58 fai txw a 518"iron rod set in the west rightofwayarCounty Road 33,for southeast comer of the said 130.49 acre tract,and for the nonhew cornercfthls survcy. THENCE with the west right of way arcounty Riad 33,South 10"10'55^West,a dinanceoF337849 feet to the POINT OF BEGINNING of this survey,and containing 118.126 acres of land.more or less. Notes: 1.3 Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2)A Map of equal date accompanies this Metes end Bondds descriptitm. 1,Ronald E.Brister do hereby certify dW this survey of the property legally de=bed herein is r ormct to the best of my knowledge and belief. 1"&a 4a.a4& . Ronald E Brister,RP1.S No.5407 Date:March 11,2015 EXHIBIT.A- `T PAGE-.P-OF,. ... Title Data, inc. ST =133968 VU 2015011169.009 City or Corpas Christi.Toys Depam=3 ofDodomew Scrv= City of P.a�°;�" carps+Chtistl ram Ta:bv.9z- Corpus Locued st N0 aim Saw a=of I oopud SL and Pcn Ave i I. ®Christi 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' ��►►}} � J�,� NAME: F 1 S LZ�/v � f `,Mtn S STREET: 5,37 09 K1VWCITY: (mWv3 C zip: , 3 FIRM is: Corporation ❑Partnership ❑Sale 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) 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 an any matter related to the subject of this contract and has an "ownership Interest"constituting 3%or mora of the ownership In the above named"firm". Name Consultant CERTIFICATE I certify that all information pd true an¢i� t as of th date of this statement,that I have not knowingly withheld disclosure of any W I' requested d that sup ental statements will be promptly submitted to the City of Corpus Christi,Texa anges Certifying Person. f �"" Title: e C VP (Print) Signature of Certifying Person, � Date: K nEVELOPMFh-rSVCS57i.ARMLA'M BEVF.OTrON FORWF0015 AS PCR LEGAL=17Z'SCLOS1 xx OF I"✓.1 KFSr5 Page 1 of 2 1TAT94Eh-r`V 1ZWC Exhibit 7 London Area Wastewater Plan Infrastructure Construction and Reimbursement Agreement City Council Presentation April 24, 2018 Aerial Overview Proposed 16 a«o Force Main r" Yom= Corpus Christi Braselton/Brown Proposed Tract Lift Station LS V _ V GC � i � Proposed Layout of Sanitary Sewer Line 4 Noz Proposed Subdivision Proposed Lift Station Proposed 21" - - Gravity Sewer Line ATM Proposed 18" Gravity Sewer Line Proposed Layout of Sanitary Sewer Line Proposed Gravity Sewer Line +: V Proposed 21" Gravity Sewer Line Proposed 18" Gravity Sewer Line Proposed Layout of Sanitary Sewer Line 4 Noz Proposed Subdivision ,y 0 Staff Recommendations Reimbursement Agreement meets the requirements of Section 8.5.2 of the UDC. se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 8, 2018 Second Reading for the City Council Meeting of May 15, 2018 DATE: April 26, 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 Authorization for Issuance of General Improvement Bonds to finance voter-approved Bond 2016 Projects CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2018", in an aggregate principal amount not to exceed $18,350,000; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the letter of representations on file with the depository trust company; and providing an effective date. PURPOSE: On November 8, 2016 the citizens of Corpus Christi approved a bond proposition in the amount of $18,350,000 This agenda item authorizes the issuance of these bonds to fund the projects associated with the proposition, as well as the cost of issuance of the bonds. BACKGROUND AND FINDINGS: On November 8, 2016, the voters of Corpus Christi approved the following proposition on the ballot. • Residential Street Rebuild $11,000,000 • Americans with Disabilities Act (ADA) Improvements $ 2,500,000 • Texas Department of Transportation (TxDOT) Participation & Mobility Improvements $ 2,350,000 • Developer Participation $ 2,500,000 TOTAL $18,350,000 The agenda item authorizes the sales of the bonds to fund these projects and delegates to the City Manager, Assistant City Manager, Director of Financial Services, and the City Attorney (i.e., "Authorized Representatives") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $18,350,000; (2) none of the bonds shall bear interest at a rate greater than 6% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Capital Programs • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $ 18,350,000 - $ 18,350,000 BALANCE - $ 18,350,000 - $ 18,350,000 FUND(S): CIP Fund(number to be determined after bond sale) COMMENTS: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 4/26/18 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2018", IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $18,350,000; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,SALE,AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council (the City Councio of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $18,350,000 (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first and final installment of general improvement bonds approved and authorized to be issued at an election held on November 8, 2016, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: Bonds Premium Date Amount Previously Issued allocated to Amount Voted Purpose Authorized Issued Bonds Herein Voted Unissued Authority 11-08-16 Prop.1:Streets,Bridges, $18,350,000 $0.00 $ $ $0.00 Sidewalks,and Drainage WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general improvement bonds the proceeds of which will be utilized for the purposes of (i) making permanent public improvements and for public purposes as hereinafter described; and (ii) payment of the costs of issuance of the general improvement bonds; and WHEREAS,the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the residents of the City,now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: 37089295.6 SECTION 1: A. Authorization - Designation - Principal Amount — Purpose — Delegation of Authority_. General improvement bonds of the City, in one or more series, shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO/100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2018" (the Bonds), for the purpose of(i)providing funds: to make permanent public improvements within the City for the purposes identified in the respective propositions approved by the City's voters at an election held on November 8, 2016 (the Election) and (ii) to pay the costs related to issuing the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371 as amended, Texas Government Code, the Election, an ordinance adopted by the City Council on May 15, 2018, and the City's Home Rule Charter. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, as amended,Texas Government Code(Chapter 13 71)the City Manager of the City, any Assistant City Manager,the City's Director of Financial Services,and the City Attorney(each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the rate of interest to be borne on the principal amount of each such maturity, and the Certificate Date (defined herein). Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule L The Bonds shall be issued in the principal amount not to exceed$18,350,000; the maximum maturity of the Bonds will be March 1,2048 and the true interest cost(as determined by federal arbitrage yield) shall not exceed a rate greater than 6.00%. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided,however,that notwithstanding the foregoing provisions,the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds are issuable in fully registered form only, without coupons; shall be dated June 1,2018(the Dated Date)and shall be issued in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), shall be lettered "R" and numbered consecutively from One (1) upward, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: 37089295.6 - 2 - Years of Principal Interest Stated Maturity Amounts ($) Rates 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 The Bonds shall bear interest on the unpaid principal amounts from the Closing Date (anticipated to be on or about June 14, 2018) or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the above schedule(calculated on the basis of a 360- day year of twelve 30-day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year(each, an Interest Payment Date), commencing March 1,2019,while the Bonds are Outstanding. SECTION 3: Payment of Bonds -Pang Agent/Registrar. The principal of,premium,if any,and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable, without exchange or collection charges to the Holder (hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder(as hereinafter defined)of the Bonds. 37089295.6 - 3 - The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached hereto in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and shall be authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the corporate office of the successor Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register(the Holder or Holders)maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided(i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date)and shall be paid(i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid,by the Paying Agent/Registrar,to the address of the Holder appearing in the Security Register or(ii) by such other method,acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. 37089295.6 - 4 - In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date- which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Term Bonds Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($) Year Amount($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 2028 shall be subject to redemption prior to Stated Maturity at the option of the City, on March 1, 2027, or on any date thereafter,in whole or in part, in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. 37089295.6 - 5 - C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the City Council of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed,the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30)days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption to be sent by United States mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed,in whole or in part,at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. This notice may also be published once in a financial publication,journal, or reporter of general circulation among securities dealers in the City of New York,New York(including,but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). All notices of redemption shall(i) specify the date of redemption for the Bonds,(ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed,the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond(or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds(or the principal amount thereof to be redeemed)called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. 37089295.6 - 6 - F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i)to transfer or exchange any Bond during a period beginning forty-five (45) days prior to the date fixed for redemption of the Bonds or(ii)to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution-Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 81), executed by the Paying Agent/Registrar by manual signature,and either such certificate upon any Bond shall be conclusive evidence, and the only evidence,that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. A Security Register relating to the registration, payment, transfer, or exchange of the Bonds shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain,record, and maintain in the Security Register the name and address of each Holder of the Bonds issued under and pursuant to the provisions of this Ordinance. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds executed on behalf of, and furnished by,the City of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall 37089295.6 - 7 - register and deliver new Bonds executed on behalf of, and furnished by, the City to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk,and expense,and upon the delivery thereof,the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds", evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally,the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bond. The Bonds herein authorized shall be issued initially either(i) as a fully registered Bond in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or(ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward(the Initial Bond and, in either case, the Initial Bond shall be registered in the name of the Purchasers or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. At any time after the delivery of the Initial Bond to the Purchasers, the Paying Agent/Registrar, upon written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of like kind and denominations, Stated Maturities, principal amounts, and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1)upward, for transfer and delivery to the Holders named and at the addresses identified therefor; all pursuant to and in accordance with and pursuant to such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters,numbers, or other marks 37089295.6 - 8 - of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured, and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements(including insurance legends and any reproduction of an opinion of counsel)thereon as may, consistent herewith,be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2018 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: June 1, 2018 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi,Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received,acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the Holder), or the registered assigns thereof, on the Stated Maturity date specified above,the Principal Amount stated above(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof(computed on the basis of a 360-day year of twelve 30-day months) from the Closing Date, or from the most recent Interest Payment Date(hereinafter defined)to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate specified above; such interest being payable on March 1 and September 1 in each year (each, an Interest Payment Date), commencing March 1, 2019. 37089295.6 - 9 - Principal and premium, if any, of this Bond shall be payable to the Holder, upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or its successor. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date,which is the fifteenth day of the month next preceding the Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail,first-class postage prepaid,to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar,requested by the Holder hereof at the Holder's risk and expense. This Bond is one of the series specified in its title issued in the aggregate principal amount of$ (the Bonds)pursuant to an ordinance adopted by the governing body of the City on May 15, 2018 (the Ordinance), for the purpose of providing funds for the purpose of. (i) providing funds: to make permanent public improvements within the City for the purposes identified in the respective propositions approved by the City's voters at an election held on November 8, 2016 (the Election) and (ii) to pay the costs related to issuing the Bonds, under and in strict conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, the Election, an ordinance adopted by the City Council on May 15, 2018, and the City's Home Rule Charter. As specified in the Ordinance,the Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on in each of the years as set forth below: Term Bonds Term Bonds Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($) Year Amount($1 `Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the 37089295.6 _ 10 - Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. As specified in the Ordinance, the Bonds having Stated Maturities on and after March 1, 2028, shall be subject to redemption prior to Stated Maturity at the option of the City, on March 1, 2027, or on any date thereafter, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail,first- class postage prepaid, to Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and,if less than all of the principal sum hereof is to be redeemed,there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45)days of the date fixed for redemption; provided,however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied within the limitations prescribed by law upon all taxable property within the City. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to its Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions thereof. Capitalized terms used herein have the same meanings assigned in the Ordinance. As provided in the Ordinance and subject to certain limitations contained therein,this Bond is transferable on the Security Register of the City, upon presentation and surrender of this Bond 37089295.6 - 11 - for transfer at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations,bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date)will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date -which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail,first-class postage prepaid,to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to or in the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of this Bond does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 37089295.6 - 12 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 37089295.6 - 13 - C. *Form of Registration Certificate of the Comptroller of Public Accounts to Appear on Initial Bond Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * NOTE TO PRINTER: Do Not Print on Definitive Bonds. D. Form of Certificate of Pang Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within-mentioned Ordinance; the Bond or Bonds of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Bonds. 37089295.6 - 14 - E. Form of Assignmen . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. Initial Bond. The Initial Bond shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate" and "Stated Maturity" shall both be completed"as shown below"; (ii) the first two paragraphs shall read as follows: REGISTERED OWNER: AND NO/100 DOLLARS PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received,acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above (the Holder), or the registered assigns thereof, the Principal Amount stated above stated to mature on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount($1 Rate (Information to be inserted from schedule in Section 2 hereof). 37089295.6 - 15 - (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal installments hereof from the Closing Date(anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for,to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year (each, an Interest Payment Date) commencing March 1, 2019. Principal of this Bond shall be payable to the Holder hereof, upon presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding an Interest Payment Date. All payments of principal of,premium,if any,and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method,acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers,the Definitive Bonds and the Initial Bond shall bear an appropriate legend as provided by the insurer to appear under the following header: [BOND INSURANCE] SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i)the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 18 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated"Sections"and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii)the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Representatives shall mean the City Manager of the City, an Assistant City Manager, the City's Director of Financial Services, and the City Attorney. B. The term Bond Fund shall mean the special fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2018" authorized by this Ordinance. 37089295.6 - 16 - D. The term City shall mean City of Corpus Christi,located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bond in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity,the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii)noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii)noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2019, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on May 15, 2018. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean,as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 37089295.6 - 17 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 17 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 16 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 17 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year the Bonds are Outstanding, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund, Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2018 INTEREST AND SINKING FUND" (the Bond Fund), which Bond Fund shall be kept and maintained at the Depository, and money deposited in such Bond Fund shall be used for no other purpose and shall be maintained as provided in Section 18. Authorized Representatives of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance may, at the option of the City. be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended,Chapter 2256, Texas Government Code,secured(to the extent not insured by the Federal Deposit Insurance Corporation)by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form,in securities including,but not limited to,direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this 37089295.6 - 18 - Ordinance shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11: Levy of Taxes, Surplus Bond Proceeds. To provide for the payment of the Debt Service Requirements on the Bonds being(i) the interest on the Bonds and(ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater),there shall be and there is hereby levied for the fiscal year commencing October 1, 2018 and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding,a sufficient tax,within the limitations prescribed by law,on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Bonds shall be deposited to the Bond Fund and ad valorem taxes levied and collected for the benefit of the Bonds shall be deposited to the Bond Fund. Any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sum otherwise required to be deposited in the Bond Fund from ad valorem taxes. SECTION 12: Security for Funds. All money on deposit in the funds for which this Ordinance makes provision(except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 13: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance,the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. 37089295.6 - 19 - No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 14: Notices to Holders—Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail,neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 15: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange,or replacement,if surrendered to the Paying Agent/Registrar,shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 16: Mutilated, Destroyed, Lost, and Stolen Bonds. If(1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction,loss,or theft of any Bond,and(2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless,then,in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser,the City shall execute and,upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount,bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof,under this Section,the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall 37089295.6 - 20 - constitute a replacement of the prior obligation of the City,whether or not the mutilated,destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 17: Sale of Bonds — Authorization of Purchase Contract— Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to Wells Fargo Bank, N.A., San Antonio, Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated May 15, 2018 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of Wells Fargo Bank,N.A. The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Mayor and each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii)the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by any Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated May 15,2018,in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest on the Bonds (in the amount of$ ), received from the Purchasers, shall be deposited into the Bond Fund. (2) The City received a net original issue reoffering premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner: (A) 37089295.6 - 21 - $ to pay the Purchasers' compensation, (B)$ to pay the costs of issuance (including the contingency amount), (C) the remaining $ is allocated toward the City's voted authority and deposited as described in Paragraph (3)below. (3) The balance of the proceeds (including a portion of the premium in the amount of $ as described above and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 18: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Certificates means the "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018A." Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 37089295.6 - 22 - Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Bonds means the combined yield of the Bonds and the Certificates,treated as a single issuance, as set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Pam. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government,unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be"loaned"to a person or entity if: (1)property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or 37089295.6 - 23 - similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder,the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment,if as a result of such Investment the Yield on any Investments acquired with Gross Proceeds(or with money replaced thereby),whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds(including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law,the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in section 1.148-3(e)(2)of the Regulations, one hundred percent(100%)of the Rebate Amount on such date; and(ii) in the case of any other Computation Date, ninety percent(90%) of the Rebate Amount on such date. In all cases,the rebate payments shall be made at the times, 37089295.6 - 24 - in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038- T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it,interest thereon,and any penalty imposed under section 1.148-3(h) of the Regulations. I_ Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds,enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Representative, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate,form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i)money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor,together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient 37089295.6 - 25 - money,together with any money deposited therewith, if any,to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent accounting firm, or another qualified third party concerning the deposit of cash and/or Government Securities to pay,when due,the principal of, redemption premium (if any), and interest due on any defeased Bonds. As and to the extent applicable, if at all,the City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 18 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary,it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection(i)or(ii) above shall not be irrevocable,provided that: (1)in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3)directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of(i)or(ii)above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 20: Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may,without the consent of or notice to any Holders,from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of 37089295.6 - 26 - Outstanding Bonds,no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of,premium,if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or(3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 21: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas including the printing and supply of definitive Bonds and shall take and have charge and control of the Initial Bond pending its approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery thereof to the Purchasers. Furthermore, each Authorized Representative, any or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its Financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's Financial Advisors, Bond Counsel, and the Paying Agent/Registrar, to make the necessary arrangements for the delivery of the Initial Bond to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Norton Rose Fulbright US LLP, San Antonio, Texas, as Bond Counsel, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinions on the reverse side of each of the Bonds is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the Bonds. SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City,Bond Counsel,Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City,the Paying Agent/Registrar, Bond Counsel, the Purchasers, and the Holders. SECTION 25: Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. 37089295.6 - 27 - SECTION 26: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 27: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 29: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 30: Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement pertaining to the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated herein by reference as fully as if recopied in its entirety in this Ordinance. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Book-Entry-Only . sem. The Bonds shall initially be registered so as to participate in a securities depository system(the DTC System)with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond described in Section 7)in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to: (i) the accuracy of the records of DTC, Cede & Co., 37089295.6 - 28 - or any Depository Participant with respect to any ownership interest in the Bonds; (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of,premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal,premium,if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word"Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that: (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter; (b) the Representation Letter shall be terminated for any reason; or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and DTC Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede&Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 33: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. 37089295.6 - 29 - SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2018,financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 17 of this Ordinance,being the information described in Exhibit C hereto, and(2)if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB,when and if the audit report on such financial statements becomes available. Under current Texas law,including,but not limited to,Chapter 103,as amended,Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 37089295.6 - 30 - C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds,if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but 37089295.6 - 31 - subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person"with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity,nature, status, or type of operations of the City,but only if(1)the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments 37089295.6 - 32 - or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a)the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format—Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format(PDF)files that permit the document to be saved,viewed,printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document)available to the public through EMMA or filed with the SEC. SECTION 37: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds,the Paying Agent/Registrar Agreement,the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Representative and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the 37089295.6 - 33 - delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 38: Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Bonds issued (or to be issued) pursuant to this Ordinance based on the City's reasonable expectations and projections relative to those Bonds, such budget entries shall, upon the issuance of Bonds, be automatically adjusted to reflect actual debt service payments on those Bonds coming due during the period of time covered by such budget. Each Authorized Representative,or the designee thereof,is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 39: City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas,requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law,the City hereby consents to and authorizes any Authorized Representative, Bond Counsel to the City, and/or Financial Advisor to the City to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Bonds; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Bonds. SECTION 40: Effective Date. Pursuant to the provisions of Section 1201.028,as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 37089295.6 - 34 - PASSED,APPROVED AND ADOPTED on the 15th day of May, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 15th DAY OF MAY, 2018: Miles Risley, City Attorney [The remainder of this page intentionally left blank.] 37089295.6 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of May, 2018, authorizing the issuance of the City's General Improvement Bonds, of a to be determined series,which ordinance 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 15th day of May, 2018. City Secretary (CITY SEAL) 37089295.6 S-2 That the foregoing ordinance was read for the first time and passed to its second reading on this the 8th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the 15th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the 15th day of May, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor INDEX TO SCHEDULES AND EXHIBITS Schedule I Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Description of Annual Financial Information Exhibit D - DTC Letter of Representations 37089295.6 Index SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 37089295.6 Schedule I-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 37089295.6 A-1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 37089295.6 B-1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix B,but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in the Official Statement under Tables numbered 1 through 6 and 8 through 12 ("Financial Information"). Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 37089295.6 C-1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 37089295.6 D-1 se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 8, 2018 Second Reading for the City Council Meeting of May 15, 2018 DATE: April 26, 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 Authorization for Issuance of Certificates of Obligation for Streets and Facilities CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018K in an amount not to exceed $15,750,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. PURPOSE: The City plans on issuing up to $9,650,000 of certificates of obligation to finish the remaining 2014 Bond Projects. Additionally, the City plans on issuing up to $2,000,000 of certificates of obligation for the purpose making permanent public improvements to City facilities, and $4,100,000 for street improvements related to the Texas Department of Transportation's (TXDOT) Harbor Bridge Replacement Project. These will be sold in one issuance totaling $15,750,000. BACKGROUND AND FINDINGS: Bond 2014 Projects: At the August 16, 2016, City Council meeting, the City Council discussed issuing certificates of obligation to complete three projects from Bond 2014. The projects discussed were as follows: • Rodd Field & Yorktown $3,900,000 • Six Points 3,750,000 • Street Lighting Improvements 2,000,000 $9,650,000 Additionally, on January 24, 2017, the City Council approved a 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. This agenda item is the first step in the process to acquire the funding for these projects. Facilities: The City's Facilities Department has reviewed project needs throughout the City's inventory. Major immediate needs include roofs, chillers, and other improvements recently impacted and exacerbated by Hurricane Harvey. The $2,000,000 would address the most immediate needs city-wide. Harbor Bridge Replacement Project Related Street Improvements: During a City Council workshop held on July 13, 2017, four City streets were identified that needed improvements in anticipation of increased traffic volumes associated with TXDOT's Harbor Bridge Replacement Project: • Comanche Street from Crosstown Expressway to Staples Street $1,300,000 • Lipan Street from Crosstown Expressway to Upper Broadway $1,100,000 • Surfside Boulevard from Coastal Avenue to Reef Avenue $ 900,000 • Timon Boulevard from Coastal Avenue to Sandbar Avenue $ 800,000 $4,100,000 Subsequently on August 15, 2017, the City Council approved a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an aggregate amount not to exceed $4,100,000. Additionally at the same meeting on August 15, 2017, the City Council approved a resolution directing the City Manager to fund repair of selected streets impacted by the Harbor Bridge Replacement Project using the financing option which provides the lowest cost to the City. City staff researched whether this project could be funded through a State Infrastructure Bank loan (SIB) through TXDOT — that offers a lower cost of borrowing. However, that option was not feasible since the projects are nearing completion. Therefore, certificates of obligation were identified as the funding mechanism. The Certificates of Obligation Act provides that certificates of obligation can be sold for cash only in certain circumstances, such as to address a public emergency or if the certificates of obligation are benefitted by a revenue pledge. As a result, municipalities who do not fall under these emergency categories are required to pledge as additional security for their certificates of obligation, some source of revenue stream that is authorized to be pledged under Texas law. This pledge oftentimes takes the form of a limited amount ($1,000) that the Texas Attorney General accepts as satisfying this revenue pledge requirement. The alternative (since the contemplated public improvements are not emergencies) to not pledging a revenue source and selling the certificates of obligation for cash would be to exchange the certificates of obligation directly with the provider of the goods or services —which would be prohibitively cumbersome for the City. Because of this requirement in the Certificates of Obligation Act and under advisement of the City's bond counsel and the City's financial advisor, the City is proposing to pledge $1,000 (one time) of Solid Waste System revenue to these certificates of obligation. By doing so, the legal requirements of the Certificates of Obligation Act will be satisfied - with a nominal effect to the Solid Waste System. This Solid Waste System revenue pledge was disclosed in the City's notice of intention to issue these Certificates of Obligation. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set for passage of the ordinance to authorize the issuance of the certificates. The notices were in the Corpus Christi Caller-Times on March 25, 2018 and April 1, 2018. Thirty days after the date of the first publication is April 24, 2018, and so City Council action to approve this ordinance in its second reading is scheduled for May 15, 2018 and is in compliance with the Local Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Facilities Department • Engineering Services • Financial Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $ 15,750,000 - $ 15,750,000 BALANCE - $ 15,750,000 - $ 15,750,000 FUND(S): CIP Fund(number to be determined after bond sale) COMMENTS: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 4/26/2018 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2018A" IN AN AMOUNT NOT TO EXCEED $15,750,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS WITHIN THE CITY; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SOLID WASTE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Corpus Christi, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount not to exceed $15,750,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to-wit: (1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2)designing, constructing, renovating, improving,reconstructing,restructuring, and extending streets,bridges, and sidewalks improvements(as well as necessary drainage improvements incidental thereto),relocating utilities, street lighting, technology improvements, and signage, acquiring lands and rights-of-way necessary for streets, bridges, and sidewalks, as the same relate to street improvements resultant from the construction of Harbor Bridge,to include Comanche Street from Crosstown Expressway to Staples Street, Lipan Street from Crosstown Expressway to Upper Broadway, Surfside Boulevard from Coastal Avenue to Reef Avenue, and Timon Boulevard from Coastal Avenue to Sandbar Avenue; (3) acquiring, purchasing, improving, constructing, renovating, enlarging, extending,equipping,or repairing various City facilities and projects(including roofs and chillers), maintenance facilities, and equipment for City crews and operations; (4)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and 29599891.6 purposes relating to the aforementioned projects; and (5) the payment of professional services related to the design, construction, management and financing of the aforementioned projects. This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2) consecutive weeks,the date of the first publication of such notice being not less than thirty (30) days prior to the tentative date stated therein for the final passage of the ordinance authorizing the issuance of such certificates of obligation; and WHEREAS, the City Council hereby finds and determines that the actions authorized hereby and the adoption of this Ordinance are in the best interest of the citizens of the City; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and WHEREAS,the City Council hereby finds and determines that certificates of obligation in the principal amount of$ described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO/100 DOLLARS($ ),to be designated and bear the title of"CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2018A" (the Certificates), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to-wit(1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) designing, constructing, renovating, improving, reconstructing, restructuring, and extending streets, bridges, and sidewalks improvements (as well as necessary drainage improvements incidental thereto), relocating utilities, street lighting, technology improvements, and signage, acquiring lands and rights-of-way necessary for streets,bridges, and sidewalks, as the same relate to street improvements resultant from the construction of Harbor Bridge, to include Comanche Street from Crosstown Expressway to Staples Street, Lipan Street from Crosstown Expressway to Upper Broadway, Surfside Boulevard from Coastal Avenue to Reef Avenue, and Timon Boulevard from Coastal Avenue to Sandbar Avenue; (3) acquiring, purchasing, improving, constructing, renovating, enlarging, extending, equipping, or repairing various City facilities and projects (including roofs and chillers),maintenance facilities,and equipment for City crews and operations; (4) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of- way for authorized needs and purposes relating to the aforementioned projects; and (5)the payment of professional services related to the design, construction,management and financing of the aforementioned projects, pursuant to the authority conferred by and in conformity with the 29599891.6 -2- laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Section 363.135, as amended, Texas Health and Safety Code, Chapter 1371, as amended, Texas Government Code (Chapter 1371), and the City's Home Rule Charter. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, the City Manager of the City, any Assistant City Manager, the City's Director of Financial Services, and the City Attorney (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Certificates authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Certificates, the redemption provisions therefor, the rate of interest to be borne on the principal amount of each such maturity, and the Certificate Date (defined herein). Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule L The Certificates shall be issued in the principal amount not to exceed $15,750,000; the maximum maturity of the Certificates will be March 1, 2048 and the true interest cost (as determined by federal arbitrage yield) shall not exceed a rate greater than 6.00%. Lastly, each Authorized Representative is authorized to select the bond insurer,if any,with respect to the Certificates. The execution of the Approval Certificate shall evidence the sale date of the Certificates by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided,however,that notwithstanding the foregoing provisions,the Certificates shall not be delivered unless prior to their initial delivery, the Certificates have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated June 1, 2018 (the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date (hereinafter defined)to which interest has been paid or duly provided for,to the earlier of redemption or Stated Maturity, at the per annum rates,while Outstanding, in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 2022 2023 2024 2025 2026 2027 29599891.6 -3- Years of Principal Interest Stated Maturity Amounts ($) Rates 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 The Certificates shall bear interest on the unpaid principal amounts from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Certificates shall be payable semiannually on March 1 and September 1 (each, an Interest Payment Date),commencing March 1, 2019,while the Certificates are Outstanding. SECTION 3. Payment of Certificates - Paving Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of,premium,if any, and interest on the Certificates shall be without exchange or collection charges to the Holder(as hereinafter defined) of the Certificates. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register)for the registration,payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached,in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. 29599891.6 -4- The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Certificates by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided(i) on the Record Date (hereinafter defined)for purposes of payment of interest thereon, (ii)on the date of surrender of the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Certificate for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust office. Interest on the Certificates shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Certificates (the Record Date) and shall be paid(i)by check sent on or prior to the appropriate date of payment by United States Mail,first-class postage prepaid,by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date- which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. 29599891.6 -5- A. Mandatory Redemption of Certificates. The Certificates stated to mature on March 1,20 and March 1,20 are referred to herein as the"Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part,by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Term Certificates Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($) Year Amount($1 `Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and cancelled by the Paying Agent/Registrar at the request of the City with money in the Certificate Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Certificates having Stated Maturities on and after March 1, 2028 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 2027, or on any date thereafter, as a whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar),the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the City Council. D. Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat 29599891.6 -6- such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Certificate to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii)identify the Certificates to be redeemed and,in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Certificates. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty-five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate selected for redemption,provided,however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate which is subject to redemption in part. SECTION 5. Execution - Registration. The Certificates shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and attested by its City Secretary or Assistant City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate Date, the proper officers of the 29599891.6 -7- City shall bind the City,notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Certificates to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C,executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 81), executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Certificates - Predecessor Certificates. A Security Register relating to the registration,payment,transfer, or exchange of the Certificates shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Certificates, or if appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange,the City shall execute, and the Paying Agent/Registrar shall register and deliver new, the Certificates executed on behalf of, and furnished by, the City to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by United States registered mail to the Holder at his request,risk, and expense, and upon the delivery thereof,the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered upon such transfer or exchange. 29599891.6 -8- All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7. Initial Certificate. The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or(ii) as one (1) fully registered Certificate for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the Initial Certificate) and, in either case, the Initial Certificate shall be registered in the name of the Purchasers or the designee thereof. The Initial Certificate shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Certificate to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers or their designee, shall cancel the Initial Certificate delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof,and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Certificates, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel)thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof.Any portion of the text of any Certificate may 29599891.6 -9- be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Certificates as evidenced by their execution thereof, but the Initial Certificate submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 29599891.6 -10- B. Form of Definitive Certificate. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2018A Certificate Date: Interest Rate: Stated Maturity: CUSIP No. June 1, 2018 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above,the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Closing Date, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for,to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2019 (each, an Interest Payment Date). Principal and premium, if any, of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 29599891.6 -11- This Certificate is one of the series specified in its title issued in the aggregate principal amount of$ (the Certificates)pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to-wit: (1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks,and drainage improvements necessary or incidental thereto; (2)designing,constructing, renovating,improving,reconstructing,restructuring, and extending streets,bridges, and sidewalks improvements(as well as necessary drainage improvements incidental thereto),relocating utilities, street lighting, technology improvements, and signage, acquiring lands and rights-of-way necessary for streets, bridges, and sidewalks, as the same relate to street improvements resultant from the construction of Harbor Bridge,to include Comanche Street from Crosstown Expressway to Staples Street, Lipan Street from Crosstown Expressway to Upper Broadway, Surfside Boulevard from Coastal Avenue to Reef Avenue, and Timon Boulevard from Coastal Avenue to Sandbar Avenue; (3) acquiring, purchasing, improving, constructing, renovating, enlarging, extending,equipping,or repairing various City facilities and projects(including roofs and chillers), maintenance facilities,and equipment for City crews and operations; (4)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (5)the payment of professional services related to the design, construction, management and financing of the aforementioned projects, pursuant to the authority conferred by and in strict conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971,as amended,Texas Local Government Code, Section 271.041 through 271.065, Section 363.135, as amended, Texas Health and Safety Code, Section 1371, as amended, Texas Government Code, and the City's Home Rule Charter. The Certificates stated to mature on March 1,20 and March 1,20 are referred to herein as the "Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Term Certificates Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($) Year Amount($) *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior 29599891.6 -12- to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and cancelled by the Paying Agent/Registrar at the request of the City with money in the Certificate Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Certificates stated to mature on and after March 1, 2028 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 2027, or on any date thereafter, in whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Certificates to be redeemed by United States mail, first-class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof,upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Certificate is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue,transfer, or exchange this Certificate within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the Net Revenues derived from the operation of the City's solid waste management system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Limited Pledge Obligations and any Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, or Additional Limited Pledge Obligations hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. 29599891.6 -13- Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates;the terms and conditions under which the City may issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii)on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date)will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date-which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Certificates does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Certificates by the levy of a tax and collection of Pledged Revenues as aforestated. In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability 29599891.6 -14- of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 29599891.6 -15- IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 29599891.6 -16- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Certificates. D. Form of Registration Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within-mentioned Ordinance; the Certificate or Certificates of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: The Bank of New York Mellon Trust Company,N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. 29599891.6 -17- E. Form of Assi ng ment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. Signature guaranteed: [The remainder of this page intentionally left blank.] 29599891.6 -18- F. The Initial Certificate shall be in the form set forth in par�a_�aph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Certificate(s) the headings "Interest Rate" and"Stated Maturity" shall both be completed"as shown below"; (ii) first two paragraphs shall read as follows: REGISTERED PRINCIPAL REGISTERED AMOUNT NO. T-1 $ United States of America State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2018A Certificate Date: Interest Rate: Stated Maturity: CUSIP No. June 1, 2018 As Shown Below As Shown Below REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof) (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, until the principal amounts have become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above,computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year,commencing March 1,2019 (each, an Interest Payment Date). 29599891.6 -19- Principal of this Certificate shall be payable to the Registered Owner hereof(the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption,while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company,N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Certificate whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Form of Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificate shall bear an appropriate legend as provided by the insurer to appear under the following header: [CERTIFICATE INSURANCE] SECTION 9. Definitions. For all purposes of this Ordinance(as defined below), except as otherwise expressly provided or unless the context otherwise requires: the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 27 and 44 of this Ordinance have the meanings assigned to them in Sections 27 and 44 of this Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in this Ordinance to designated"Sections"and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Additional Limited Pledge Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable in part from a pledge of and lien on Pledged Revenues of the System which pledge of revenues is limited as further provided in Section 20 of this Ordinance, and (ii) any obligations hereafter issued to refund the foregoing as determined by the City Council in accordance with any applicable law. B. The term Authorized Representatives shall mean the City Manager of the City, an Assistant City Manager, the City's Director of Financial Services, and the City Attorney. C. The term Certificates shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2018A" authorized by this Ordinance. D. The term Certificate Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. E. The term City shall mean the City of Corpus Christi, located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas and,where appropriate, the City Council of the City. 29599891.6 -20- F. The term Closing Date shall mean the date of physical delivery of the Initial Certificate in exchange for the payment of the agreed purchase price for the Certificates. G. The term Collection Date shall mean,when reference is being made to the levy and collection of annual ad valorem taxes,the date the annual ad valorem taxes levied each year by the City become delinquent. H. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity,the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. L The term Depository shall mean an official depository bank of the City. J. The term Fiscal Year shall mean the annual financial accounting period for the System now ending on September 30th of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. K. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by,the United States of America; (ii)noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; or(iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Certificates. L. The term Gross Revenues for any period shall mean all income and revenues received by the City by virtue of its ownership and operation of the System, including, but not limited to, its rentals, fees, and other revenues resulting from the ownership of the System, including rentals received from leasing all or part of the System. However, it is expressly recognized that any such lease must comply with the requirements of the Code and existing regulations,published rulings, and court decisions. M. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Certificate. 29599891.6 -21- N. The term Interest Payment Date shall mean the date semiannual interest is payable on the Certificates, being March 1 and September 1 of each year, commencing March 1, 2019, while any of the Certificates remain Outstanding. O. The term Junior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being junior and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Limited Pledge Obligations (including the Certificates), or any Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance and(ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. P. The term Limited Pledge Obligations shall mean (i) the outstanding and unpaid obligations of the City that are payable, in part, from and secured by a pledge of and lien on the Pledged Revenues of the System and designated as follows: (1) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009", dated July 15, 2009, in the original principal amount of$8,460,000; (2) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010", dated July 1, 2010, in the original principal amount of$3,000,000; and (3) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015", dated October 1, 2015, in the original amount of$10,020,000; and (4) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2016", dated December 1, 2015, in the original amount of$2,000,000; and (5) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2016A", dated July 1, 2016, in the original amount of$16,430,000; and (6) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2017", dated May 1, 2017, in the original amount of$2,500,000; and (7) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2018B", dated June 1, 2018, in the original amount of$ ; and 29599891.6 -22- (8) Upon issuance, the Certificates; and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. Q. The term Maintenance and Operating Expenses shall mean the expenses of operation and maintenance, including all salaries, labor, materials, repairs and extensions necessary to maintain and operate the System; provided, however, that only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical action or condition which would otherwise impair the security of any bonds or other obligations payable from and secured,in whole or in part, by a lien on the Net Revenues derived from the ownership and operation of the System shall be deducted in determining Net Revenues. R. The term Net Revenues for any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. S. The term Ordinance shall mean this ordinance as finally passed and adopted by the City Council of the City. T. The term Outstanding when used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1) those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. U. The term Pledged Revenues shall mean,while the Certificates remain Outstanding, an amount of Net Revenues not in excess of$1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. V. The term Pledged Revenue Amount shall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year(however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. W. The term Prior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a prior and first lien on and pledge of 29599891.6 -23- the Net Revenues of the System,all as further provided in Section 20 of this Ordinance, and(ii) any obligations hereafter issued to refund the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System as determined by the City Council in accordance with any applicable law. X. The term Purchasers shall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. Y. The term Stated Maturity shall mean the annual principal payments of the Certificates payable on March 1 of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. Z. The term Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Limited Pledge Obligations (including the Certificates), or any Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. AA. The term System shall mean a plant, composting process plant,incinerator, sanitary landfill, transfer station, or other works and equipment that is acquired, installed, or operated to collect, handle, store, process, recover material or energy from, or dispose of solid waste, and includes sites for those works and equipment. SECTION 10. Certificate Fund- Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment,redemption,and retirement of the Certificates,there shall be and is hereby created a special fund to be designated "COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2018A INTEREST AND SINKING FUND" (the Certificate Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose. Authorized Representatives of the City are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Certificates as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Certificates. The City, at its sole discretion,may deposit the Pledged Revenue Amount to the Certificate 29599891.6 -24- Fund. The Pledged Revenue Amount,if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established by this Ordinance may, at the option of the City,be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation)by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities, including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Certificates or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund and are thereafter pledged to the payment of the Certificates. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and obligations of the City. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: A. Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: 29599891.6 -25- (1) the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2) the amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and(b) adding thereto the amount of the Pledged Revenues,if any, or any other lawfully available funds to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3) the amount of Pledged Revenues, if any, or any other lawfully available funds appropriated and set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12. Pledge of Pledged Revenues. The City hereby covenants and agrees that, subject to (i) any prior lien on and pledge of the Net Revenues of the System to the payment and security of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City and(ii)the lien on and pledge of the Pledged Revenues (or such other limited amount of excess Net Revenues of the System)to the payment and security of the currently outstanding Limited Pledge Obligations, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates and the pledge of Pledged Revenues herein made for the payment of the Certificates shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13. Revenue Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the "CITY OF CORPUS CHRISTI, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE FUND" (the Revenue Fund. All money deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown: • First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; • Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any 29599891.6 -26- Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Subordinate Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; and • Fifth: To the payment of the amounts that may be deposited in the special funds and accounts established for the payment of the currently outstanding Limited Pledge Obligations, including the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof,may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14. Deposits to Certificate Fund — Surplus Certificate Proceeds. The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and Interest Payment Date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment,security, and benefit of the(i)any Prior Lien Obligations,Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City and (ii) the currently outstanding Limited Pledge Obligations and any Additional Limited Pledge Obligations hereafter issued by the City, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interest, if any,received from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds,including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision(except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 16. Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding it will maintain and operate the System with all possible 29599891.6 -27- efficiency and maintain casualty and other insurance (including a system of self-insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17. Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for solid waste collection services afforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: A. to pay,together with any other lawfully available funds,all operating,maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses; B. to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i)the interest on and principal of any Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, (ii)the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, (iii) the interest on and principal of any Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, and (iv) the amounts that may be deposited in the special funds established for the payment of the Limited Pledge Obligations or any Additional Limited Pledge Obligations hereafter issued by the City; and C. to pay other legally incurred indebtedness payable from the Net Revenues of the System and/or secured by a lien on the System or the Net Revenues thereof. SECTION 18. Records and Accounts - Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by Chapter 363, as amended, Texas Health and Safety Code, or other applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an 29599891.6 -28- independent firm of certified public accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance,the Holders of any of the Certificates shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20. Issuance of Prior Lien Obligations - Junior Lien Obligations — Subordinate Lien Obligations—Additional Limited PledgeObli Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities,without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B. Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is junior and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the Certificates and any Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; and C. Subordinate Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing, in part, the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; and D. Additional Limited Pledge Obligations secured by a lien on and pledge of a limited amount of the Net Revenues in accordance with the provisions of the following paragraph. Prior Lien Obligations, Junior Lien Obligations, and Subordinate Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the 29599891.6 -29- obligation of contract with the holders of the currently outstanding Limited Pledge Obligations and the Certificates) upon such terms and conditions as the City Council may determine. Additional Limited Pledge Obligations, if issued and payable, in whole or in part, from Pledged Revenues (defined in the same or similar terms as provided in Section 9 of this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations), shall not in any event be construed to be payable from the Pledged Revenues authorized by this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations to be budgeted and appropriated for the payment of the Certificates or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations. However, the lien on and pledge of the limited amount of Net Revenues securing, in part, the payment of the Certificates, the Limited Pledge Obligations and any Additional Limited Pledge Obligations shall be subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City. SECTION 21. Special Covenants. The City hereby further covenants that: A. it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under Chapter 363, as amended, Texas Health and Safety Code, and the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, and the City's Home Rule Charter; and B. other than for the payment of the currently outstanding Limited Pledge Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; SECTION 22. Application of the Covenants and Agreements of the Subordinate Lien Obligations, Prior Lien Obligations, or Junior Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinances authorizing the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued. It is expressly recognized that prior to the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations and the Certificates, as appropriate. 29599891.6 -30- SECTION 23. Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail,neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 24. Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange,or replacement,if surrendered to the Paying Agent/Registrar,shall be promptly canceled by it and,if surrendered to the City,shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25. Mutilated, Destroyed, Lost, and Stolen Certificates. If(1) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver,in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City,whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by 29599891.6 -31- anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. SECTION 26. Sale of the Certificates — Official Statement Approval — Approval of Purchase Contract - Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to Wells Fargo Bank, N.A., San Antonio, Texas, as the authorized representative of a group of underwriters at a negotiated sale(the Purchasers,having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract, dated May 15,2018 (the Purchase Contract), attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Certificate shall be registered in the name of the Wells Fargo Bank, N.A. The pricing and terms of the sale of the Certificates are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Mayor and any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations,warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Certificates to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i)the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates. The final Official Statement,being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2018, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. Proceeds from the sale of the Certificates shall be applied as follows: (1) Accrued interest (in the amount of $ ) received from the Purchasers shall be deposited into the Certificate Fund. The City received an original issue reoffering premium from the sale of the Certificates of $ which is hereby 29599891.6 -32- allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, and (3) $ shall be deposited to the project construction fund. (2) The amount of$ (being principal of the Certificates in the amount of$ and a portion of the premium in the amount of$ as described above), derived from the sale of the Certificates, after making the deposits to the Certificate Fund as described in (1) above, shall be used to pay costs of issuance or deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. The governing body of the City hereby appropriates from this special construction account funds necessary to undertake these capital projects for which the Certificates are issued (being those projects described in Section 1 hereof). Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for,maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 27. Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Bonds means the "City of Corpus Christi, Texas General Improvement Bonds, Series 2018". Closing Date means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. 29599891.6 -33- Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Certificates means the combined yield of the Certificates and the Bonds, treated as a single issue, within the meaning set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use,permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing,unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate,the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Pam. Except to the extent that it will not cause the Certificates to become"private activity bonds"within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency,department and instrumentality thereof)other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 29599891.6 -34- D. No Private Loan. Except as would not cause the Certificates to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned"to a person or entity if- (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except as would not cause the Certificates to become "arbitrage bonds"within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Certificates. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged.However,to the extent permitted by law,the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date,the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. 29599891.6 -35- (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i)in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and(ii)in the case of any other Computation Date,ninety percent(90%)of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. J. Certificates Not Hedge Bonds. (1) The City reasonably expects to spend at least 85%of the spendable proceeds of the Certificates within three years after such Certificates are issued. (2) Not more than 50% of the proceeds of the Certificates will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Representative, either individually or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. 29599891.6 -36- SECTION 28. Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Certificates pending their approval by the Attorney General,the registration thereof by the Comptroller of Public Accounts and the delivery of the Certificates to the Purchasers. Furthermore, each Authorized Representative is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisor, bond counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificate to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 29. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders,the principal of,premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Pledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates, or any principal amount(s)thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor,together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money,together with any money deposited therewith,if any,to pay when due the principal of and interest on such Certificates,or the principal amount(s)thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Certificates,the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent accounting firm, or another qualified third party concerning the deposit of cash and/or Government Securities to pay,when due,the principal of, redemption premium (if any), and interest due on any defeased Certificates. As and to the extent applicable, if at all, the City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 27 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by 29599891.6 -37- the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three(3)years after the Stated Maturity of the Certificates, or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary,it is hereby provided that any determination not to redeem defeased Certificates that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance,the City expressly reserves the right to call the defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of(i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30. Printed Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Certificates, the opinion to be dated and delivered as of the date of initial delivery and payment for the Certificates. Printing of a true and correct copy of the opinion on the reverse side of each of the Certificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 31. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor Bond Counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 32. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33. Ordinance a Contract, Amendments - Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may,without the consent of or notice to any Holders,from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders,including the curing of any ambiguity,inconsistency,or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance;provided,however,that,without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time 29599891.6 -38- or times of payment of the principal of and interest on the Certificates,reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Paying Agent/Registrar, and the Holders. SECTION 35. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 36. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. SECTION 40. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange,registration, and transferability of the Certificates. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 41. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. 29599891.6 -39- SECTION 42. Unavailability of Authorized Publication. If,because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 43. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2018,financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by Section 26 of this Ordinance, being the information described in Exhibit C hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i)prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period,then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB,when and if the audit report on such financial statements becomes available. Under current Texas law,including,but not limited to,Chapter 103,as amended,Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial 29599891.6 -40- statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement,shall be filed in the office of the City Secretary within one hundred eighty (180) days after the last day of the City's fiscal year. Additionally,upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) Modifications to rights of holders of the Certificates if material; (8) Certificate calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (I1) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 29599891.6 41- (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Certificates to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this 29599891.6 -42- Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law,or a change in the identity,nature, status, or type of operations of the City,but only if(1)the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a)the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a) such provisions as so amended and(b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format, Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format(PDF)files that permit the document to be saved,viewed,printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document)available to the public through EMMA or filed with the SEC. SECTION 45. Book-Entry OnlyS. sem. The Certificates shall initially be registered so as to participate in a securities depository system (the DTC System) with The Depository Trust Company, New York, New York, or any 29599891.6 -43- successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Certificates shall be issued (following cancellation of the Initial Certificate described in Section 7)in the form of a separate single definitive Certificate. Upon issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Certificates registered in the name of Cede& Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Certificates from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Certificates, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Certificate, of any amount with respect to principal of,premium,if any, or interest on the Certificates. While in the DTC System,no person other than Cede& Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder,the word"Cede&Co."in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c)DTC or the City determines that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates shall no longer be restricted to being registered in the name of Cede&Co., as nominee of DTC. At that time, the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede& Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificate and all notices with respect to 29599891.6 -44- such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Certificates, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Certificates, the Authorized Representatives and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47. Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Certificates issued (or to be issued)pursuant to this Ordinance based on the City's reasonable expectations and projections relative to those Certificates, such budget entries shall, upon the issuance of Certificates,be automatically adjusted to reflect actual debt service payments on those Certificates coming due during the period of time covered by such budget. Each Authorized Representative, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 48. City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law,the City hereby consents to and authorizes any Authorized Representative, the City's Bond Counsel, and/or the City's Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Certificates. SECTION 49. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 29599891.6 -45- PASSED AND ADOPTED on the 15th day of May, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS 15TH DAY OF MAY, 2018: Miles Risley, City Attorney (CITY SEAL) 29599891.6 S-1 INDEX OF SCHEDULES AND EXHIBITS SCHEDULE I - Approval Certificate EXHIBIT A - Paying Agent/Registrar Agreement EXHIBIT B - Purchase Contract EXHIBIT C - Description of Annual Financial Information EXHIBIT D - DTC Letter of Representations 29599891.6 I-I 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of May, 2018, authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018A,which ordinance 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 15th day of May, 2018. City Secretary (CITY SEAL) 29599891.6 That the foregoing ordinance was read for the first time and passed to its second reading on this the 8th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the 15th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the 15th day of May, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 29599891.6 Schedule 1-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 29599891.6 A-1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 29599891.6 B-1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix B,but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in the Official Statement under Tables numbered 1 through 6 and 8 through 12 ("Financial Information"). Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 29599891.6 C-1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 29599891.6 D-1 se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 8, 2018 Second Reading for the City Council Meeting of May 15, 2018 DATE: April 26, 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 Authorization for Issuance of Certificates of Obligation for Solid Waste CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 20186" in an amount not to exceed $7,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Solid Waste system; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; 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. BACKGROUND AND FINDINGS: The current developed disposal space at Cefe Valenzuela Landfill is predicted to be exhausted in September 2018 based upon historical average disposal rates and recent increases due to Hurricane Harvey debris disposal. On January 23, 2018, a presentation was made to the City Council indicating that construction of the next disposal cell, Sector 3C, will be expedited with the goal of providing new disposal space prior to the exhaustion of the current disposal capacity. Construction of the new cell (with incidentals) is estimated to cost $7,500,000. The Certificates of Obligation Act provides that certificates of obligation can be sold for cash only in certain circumstances, such as to address a public emergency or if the certificates of obligation are benefitted by a revenue pledge. As a result, municipalities who do not fall under these emergency categories are required to pledge as additional security for their certificates of obligation, some source of revenue stream that is authorized to be pledged under Texas law. This pledge oftentimes takes the form of a limited amount ($1,000) that the Texas Attorney General accepts as satisfying this revenue pledge requirement. The alternative (since the contemplated public improvements are not emergencies) to not pledging a revenue source and selling the certificates of obligation for cash would be to exchange the certificates of obligation directly with the provider of the goods or services —which would be prohibitively cumbersome for the City. Because of this requirement in the Certificates of Obligation Act and under advisement of the City's bond counsel and the City's financial advisor, the City is proposing to pledge $1,000 (one time) of Solid Waste System revenue to these certificates of obligation. By doing so, the legal requirements of the Certificates of Obligation Act will be satisfied - with a nominal effect to the Solid Waste System. This Solid Waste System revenue pledge was disclosed in the City's notice of intention to issue these Certificates of Obligation. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set for passage of the ordinance to authorize the issuance of the certificates. The notices were in the Corpus Christi Caller-Times on March 25, 2018 and April 1, 2018. Thirty days after the date of the first publication is April 24, 2018, and so City Council action to approve this ordinance in its second reading is scheduled for May 15, 2018 and is in compliance with the Local Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Solid Waste Services • Financial Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $ 7,500,000 - $ 7,500,000 BALANCE - $ 7,500,000 - $ 7,500,000 FUND(S): CIP Fund(number to be determined after bond sale) COMMENTS: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 4/26/2018 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2018B" IN AN AMOUNT NOT TO EXCEED $7,500,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS TO THE CITY'S SOLID WASTE SYSTEM; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SOLID WASTE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Corpus Christi, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount not to exceed $7,500,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation)paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2)consecutive weeks,the date of the first publication of such notice being not less than thirty(30) days prior to the tentative date stated therein for the final passage of the ordinance authorizing the issuance of such certificates of obligation; and WHEREAS, the City Council hereby finds and determines that the actions authorized hereby and the adoption of this Ordinance are in the best interest of the citizens of the City; and 29650028.5 WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and WHEREAS,the City Council hereby finds and determines that certificates of obligation in the principal amount of$ described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO/100 DOLLARS($ ),to be designated and bear the title of"CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 201813" (the Certificates), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to-wit: (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, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects,pursuant to the authority conferred by and in conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Section 363.135, as amended, Texas Health and Safety Code, Chapter 1371, as amended, Texas Government Code (Chapter 1371), and the City's Home Rule Charter. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, the City Manager of the City, any Assistant City Manager, the City's Director of Financial Services, and the City Attorney (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Certificates authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Certificates, the redemption provisions therefor, the rate of interest to be borne on the principal amount of each such maturity, and the Certificate Date (defined herein). Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule L The Certificates shall be issued in the principal amount not to exceed $7,500,000; the maximum maturity of the Certificates will be March 1, 2048 and the true interest cost (as determined by federal arbitrage yield) shall not exceed a rate greater than 6.00%. Lastly, each Authorized Representative is authorized to select the bond insurer, if any,with respect to the Certificates. The execution of the Approval Certificate shall evidence the sale date of the Certificates by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is 29650028.5 -2- further provided,however,that notwithstanding the foregoing provisions,the Certificates shall not be delivered unless prior to their initial delivery, the Certificates have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated June 1, 2018 (the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date (hereinafter defined)to which interest has been paid or duly provided for,to the earlier of redemption or Stated Maturity, at the per annum rates,while Outstanding, in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 The Certificates shall bear interest on the unpaid principal amounts from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption while 29650028.5 -3- Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Certificates shall be payable semiannually on March 1 and September I (each, an Interest Payment Date), commencing March 1, 2019,while the Certificates are Outstanding. SECTION 3. Payment of Certificates - Pang Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of,premium,if any, and interest on the Certificates shall be without exchange or collection charges to the Holder(as hereinafter defined) of the Certificates. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register)for the registration,payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached,in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Certificates by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided(i) on the Record Date (hereinafter defined)for purposes of payment of interest thereon, (ii)on the date of surrender of the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Certificate for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust 29650028.5 -4- office. Interest on the Certificates shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Certificates (the Record Date) and shall be paid(i)by check sent on or prior to the appropriate date of payment by United States Mail,first-class postage prepaid,by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date- which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption of Certificates. The Certificates stated to mature on March 1,20 and March 1,20 are referred to herein as the"Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part,by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Term Certificates Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($1 Year Amount($1 *Payable at Stated Maturity. 29650028.5 -5- The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and cancelled by the Paying Agent/Registrar at the request of the City with money in the Certificate Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Certificates having Stated Maturities on and after March 1, 2028 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 2027, or on any date thereafter, as a whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar),the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the City Council. D. Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Certificate to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii)identify the Certificates to be redeemed and,in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the 29650028.5 -6- portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Certificates. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty-five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate selected for redemption,provided,however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate which is subject to redemption in part. SECTION 5. Execution - Registration. The Certificates shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and attested by its City Secretary or Assistant City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate Date, the proper officers of the City shall bind the City,notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Certificates to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C,executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6. Registration-Transfer-Exchange of Certificates-Predecessor Certificates. A Security Register relating to the registration, payment, transfer, or exchange of the Certificates shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain,record, and maintain in the Security Register the name and address of every owner of the Certificates, or if appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the 29650028.5 -7- Holder, in person or by his duly authorized agent,upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange,the City shall execute, and the Paying Agent/Registrar shall register and deliver new, the Certificates executed on behalf of, and furnished by, the City to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by United States registered mail to the Holder at his request,risk, and expense, and upon the delivery thereof,the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered upon such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7. Initial Certificate. The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or(ii) as one (1) fully registered Certificate for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-I and upward (the Initial Certificate) and, in either case, the Initial Certificate shall be 29650028.5 -8- registered in the name of the Purchasers or the designee thereof. The Initial Certificate shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Certificate to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers or their designee, shall cancel the Initial Certificate delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof,and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Certificates, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel)thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof.Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Certificates as evidenced by their execution thereof, but the Initial Certificate submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 29650028.5 -9- B. Form of Definitive Certificate. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, TAXABLE SERIES 2018B Certificate Date: Interest Rate: Stated Maturity: CUSIP No. June 1, 2018 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Closing Date, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for,to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2019 (each, an Interest Payment Date). Principal and premium, if any, of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 29650028.5 -10- This Certificate is one of the series specified in its title issued in the aggregate principal amount of$ (the Certificates)pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds,to-wit: (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, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects, pursuant to the authority conferred by and in strict conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.065, Section 363.135, as amended, Texas Health and Safety Code, Section 1371, as amended,Texas Government Code,and the City's Home Rule Charter. The Certificates stated to mature on March 1,20 and March 1,20 are referred to herein as the "Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Term Certificates Stated to Mature Stated to Mature on March 1, 20 on March 1, 20 Principal Principal Year Amount($1 Year Amount($) *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which,at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and cancelled by the Paying Agent/Registrar at the request of the City with money in the Certificate Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Certificates stated to mature on and after March 1, 2028 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 2027, or on any date thereafter, in whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption 29650028.5 -11- price of par plus accrued interest to the date of redemption; provided, however,that at least thirty (30) days prior written notice shall be sent to the Holder of the Certificates to be redeemed by United States mail, first-class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof,upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Certificate is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue,transfer, or exchange this Certificate within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the Net Revenues derived from the operation of the City's solid waste management system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Limited Pledge Obligations and any Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, or Additional Limited Pledge Obligations hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates;the terms and conditions under which the City may issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon 29650028.5 -12- which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii)on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date)will be established by the Paying Agent/Registrar,if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the Special Payment Date-which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Certificates does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Certificates by the levy of a tax and collection of Pledged Revenues as aforestated. In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 29650028.5 -13- IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 29650028.5 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Certificates. D. Form of Registration Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within-mentioned Ordinance; the Certificate or Certificates of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: The Bank of New York Mellon Trust Company,N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. 29650028.5 -15- E. Form of Assignmen . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. Signature guaranteed: [The remainder of this page intentionally left blank.] 29650028.5 -16- F. The Initial Certificate shall be in the form set forth in par�a_�aph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed"as shown below"; (ii) first two paragraphs shall read as follows: REGISTERED PRINCIPAL REGISTERED AMOUNT NO. T-1 $ United States of America State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, TAXABLE SERIES 2018B Certificate Date: Interest Rate: Stated Maturity: CUSIP No. June 1, 2018 As Shown Below As Shown Below REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof) (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Closing Date (anticipated to be on or about June 14, 2018), or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, until the principal amounts have become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above,computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March I and September I of each year,commencing March 1,2019 (each, an Interest Payment Date). 29650028.5 -17- Principal of this Certificate shall be payable to the Registered Owner hereof(the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Certificate whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of,the Holder hereof. G. Form of Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificate shall bear an appropriate legend as provided by the insurer to appear under the following header: [BOND INSURANCE] SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Section 44 of this Ordinance have the meanings assigned to them in Section 44 of this Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and(iii)the words"herein", "hereof', and"hereunder"and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Additional Limited Pledge Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable in part from a pledge of and lien on Pledged Revenues of the System which pledge of revenues is limited as further provided in Section 20 of this Ordinance, and (ii) any obligations hereafter issued to refund the foregoing as determined by the City Council in accordance with any applicable law. B. The term Authorized Representatives shall mean the City Manager of the City, any Assistant City Manager,the City's Director of Financial Services, and the City Attorney. C. The term Certificates shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 201813" authorized by this Ordinance. D. The term Certificate Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. E. The term City shall mean the City of Corpus Christi, located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas and,where appropriate, the City Council of the City. 29650028.5 -18- F. The term Closing Date shall mean the date of physical delivery of the Initial Certificate in exchange for the payment of the agreed purchase price for the Certificates. G. The term Collection Date shall mean,when reference is being made to the levy and collection of annual ad valorem taxes,the date the annual ad valorem taxes levied each year by the City become delinquent. H. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity,the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. L The term Depository shall mean an official depository bank of the City. J. The term Fiscal Year shall mean the annual financial accounting period for the System now ending on September 30th of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. K. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by,the United States of America; (ii)noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; or(iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Certificates. L. The term Gross Revenues for any period shall mean all income and revenues received by the City by virtue of its ownership and operation of the System, including, but not limited to, its rentals, fees, and other revenues resulting from the ownership of the System, including rentals received from leasing all or part of the System. However, it is expressly recognized that any such lease must comply with the requirements of the Code and existing regulations,published rulings, and court decisions. M. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Certificate. 29650028.5 -19- N. The term Interest Payment Date shall mean the date semiannual interest is payable on the Certificates, being March 1 and September 1 of each year, commencing March 1, 2019, while any of the Certificates remain Outstanding. O. The term Junior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being junior and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Limited Pledge Obligations (including the Certificates), or any Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance and(ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. P. The term Limited Pledge Obligations shall mean (i) the outstanding and unpaid obligations of the City that are payable, in part, from and secured by a pledge of and lien on the Pledged Revenues of the System and designated as follows: (1) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009", dated July 15, 2009, in the original principal amount of$8,460,000; (2) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010", dated July 1, 2010, in the original principal amount of$3,000,000; and (3) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015", dated October 1, 2015, in the original amount of$10,020,000; and (4) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2016", dated December 1, 2015, in the original amount of$2,000,000; and (5) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2016A", dated July 1, 2016, in the original amount of$16,430,000; and (6) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2017", dated May 1, 2017, in the original amount of$2,500,000; and (7) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018A", dated June 1, 2018, in the original amount of$ ; and 29650028.5 -20- (8) Upon issuance, the Certificates; and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. Q. The term Maintenance and Operating Expenses shall mean the expenses of operation and maintenance, including all salaries, labor, materials, repairs and extensions necessary to maintain and operate the System; provided, however, that only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical action or condition which would otherwise impair the security of any bonds or other obligations payable from and secured,in whole or in part, by a lien on the Net Revenues derived from the ownership and operation of the System shall be deducted in determining Net Revenues. R. The term Net Revenues for any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. S. The term Ordinance shall mean this ordinance as finally passed and adopted by the City Council of the City. T. The term Outstanding when used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1) those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. U. The term Pledged Revenues shall mean,while the Certificates remain Outstanding, an amount of Net Revenues not in excess of$1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. V. The term Pledged Revenue Amount shall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year(however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. W. The term Prior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a prior and first lien on and pledge of 29650028.5 -21- the Net Revenues of the System,all as further provided in Section 20 of this Ordinance, and(ii) any obligations hereafter issued to refund the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System as determined by the City Council in accordance with any applicable law. X. The term Purchasers shall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. Y. The term Stated Maturity shall mean the annual principal payments of the Certificates payable on March I of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. Z. The term Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Limited Pledge Obligations (including the Certificates), or any Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. AA. The term System shall mean a plant, composting process plant,incinerator, sanitary landfill, transfer station, or other works and equipment that is acquired, installed, or operated to collect, handle, store, process, recover material or energy from, or dispose of solid waste, and includes sites for those works and equipment. SECTION 10. Certificate Fund - Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment,redemption,and retirement of the Certificates,there shall be and is hereby created a special fund to be designated "COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2018B INTEREST AND SINKING FUND" (the Certificate Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose. Authorized Representatives of the City are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Certificates as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Certificates. The City, at its sole discretion,may deposit the Pledged Revenue Amount to the Certificate 29650028.5 -22- Fund. The Pledged Revenue Amount,if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established by this Ordinance may, at the option of the City,be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation)by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities, including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Certificates or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund and are thereafter pledged to the payment of the Certificates. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and obligations of the City. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: A. Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: 29650028.5 -23- (1) the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2) the amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and(b) adding thereto the amount of the Pledged Revenues,if any, or any other lawfully available funds to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3) the amount of Pledged Revenues, if any, or any other lawfully available funds appropriated and set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12. Pledge of Pledged Revenues. The City hereby covenants and agrees that, subject to (i) any prior lien on and pledge of the Net Revenues of the System to the payment and security of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City and(ii)the lien on and pledge of the Pledged Revenues (or such other limited amount of excess Net Revenues of the System)to the payment and security of the currently outstanding Limited Pledge Obligations, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates and the pledge of Pledged Revenues herein made for the payment of the Certificates shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13. Revenue Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the "CITY OF CORPUS CHRISTI, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE FUND" (the Revenue Fund. All money deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown: • First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; • Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any 29650028.5 -24- Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Subordinate Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; and • Fifth: To the payment of the amounts that may be deposited in the special funds and accounts established for the payment of the currently outstanding Limited Pledge Obligations, including the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof,may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14. Deposits to Certificate Fund — Surplus Certificate Proceeds. The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and Interest Payment Date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment,security, and benefit of the(i)any Prior Lien Obligations,Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City and (ii) the currently outstanding Limited Pledge Obligations and any Additional Limited Pledge Obligations hereafter issued by the City, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interest, if any,received from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds,including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision(except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 16. Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding it will maintain and operate the System with all possible 29650028.5 -25- efficiency and maintain casualty and other insurance (including a system of self-insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17. Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for solid waste collection services afforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: A. to pay,together with any other lawfully available funds,all operating,maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses; B. to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i)the interest on and principal of any Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, (ii)the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, (iii) the interest on and principal of any Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof, and (iv) the amounts that may be deposited in the special funds established for the payment of the Limited Pledge Obligations or any Additional Limited Pledge Obligations hereafter issued by the City; and C. to pay other legally incurred indebtedness payable from the Net Revenues of the System and/or secured by a lien on the System or the Net Revenues thereof. SECTION 18. Records and Accounts - Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by Chapter 363, as amended, Texas Health and Safety Code, or other applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an 29650028.5 -26- independent firm of certified public accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance,the Holders of any of the Certificates shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20. Issuance of Prior Lien Obligations—Junior Lien Obligations—Subordinate Lien Obligations — Additional Limited Pledge Obligations. The City hereby expressly reserves the right to hereafter issue bonds,notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B. Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is junior and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the Certificates and any Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; and C. Subordinate Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing, in part, the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; and D. Additional Limited Pledge Obligations secured by a lien on and pledge of a limited amount of the Net Revenues in accordance with the provisions of the following paragraph. Prior Lien Obligations, Junior Lien Obligations, and Subordinate Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the 29650028.5 -27- obligation of contract with the holders of the currently outstanding Limited Pledge Obligations and the Certificates) upon such terms and conditions as the City Council may determine. Additional Limited Pledge Obligations, if issued and payable, in whole or in part, from Pledged Revenues (defined in the same or similar terms as provided in Section 9 of this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations), shall not in any event be construed to be payable from the Pledged Revenues authorized by this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations to be budgeted and appropriated for the payment of the Certificates or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations. However, the lien on and pledge of the limited amount of Net Revenues securing, in part, the payment of the Certificates, the Limited Pledge Obligations and any Additional Limited Pledge Obligations shall be subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City. SECTION 21. Special Covenants. The City hereby further covenants that: A. it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under Chapter 363, as amended, Texas Health and Safety Code, and the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, and the City's Home Rule Charter; and B. other than for the payment of the currently outstanding Limited Pledge Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; SECTION 22. Application of the Covenants and Agreements of the Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinances authorizing the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued. It is expressly recognized that prior to the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations and the Certificates, as appropriate. 29650028.5 -28- SECTION 23. Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail,neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 24. Cancellation. All Certificates surrendered for payment, redemption,transfer, exchange, or replacement,if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25. Mutilated, Destroyed, Lost, and Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed,lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City,whether 29650028.5 -29- or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. SECTION 26. Sale of the Certificates — Official Statement Approval — Approval of Purchase Contract - Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to Wells Fargo Bank, N.A., San Antonio, Texas, as the authorized representative of a group of underwriters at a negotiated sale(the Purchasers,having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract, dated May 15,2018 (the Purchase Contract), attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Certificate shall be registered in the name of the Wells Fargo Bank, N.A. The pricing and terms of the sale of the Certificates are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Mayor and any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations,warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Certificates to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i)the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates. The final Official Statement,being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated May 15, 2018, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. Proceeds from the sale of the Certificates shall be applied as follows: (1) Accrued interest (in the amount of $ ) received from the Purchasers shall be deposited into the Certificate Fund. The City received an original issue 29650028.5 -30- reoffering premium from the sale of the Certificates of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, and (3) $ shall be deposited to the project construction fund. (2) The amount of$ (being principal of the Certificates in the amount of$ and a portion of the premium in the amount of$ as described above), derived from the sale of the Certificates, after making the deposits to the Certificate Fund as described in (1) above, shall be used to pay costs of issuance or deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. The governing body of the City hereby appropriates from this special construction account funds necessary to undertake these capital projects for which the Certificates are issued (being those projects described in Section 1 hereof). Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for,maintained, deposited,and expended as permitted by the provisions of Chapter 1201,as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 27. Taxable Obligations. The Certificates are not"state or local bonds"within the meaning of section 103(a)and(c)of the Internal Revenue Code of 1986, as amended;therefore, the interest on the Certificates is not excludable from the gross income of the holders thereof for federal income tax purposes. SECTION 28. Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Certificates pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Certificates to the Purchasers. Furthermore, each Authorized Representative is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisor, bond counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificate to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 29. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Pledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. 29650028.5 -31- Certificates, or any principal amount(s)thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s)thereof at Stated Maturity or to the redemption date therefor,together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money,together with any money deposited therewith,if any,to pay when due the principal of and interest on such Certificates, or the principal amount(s)thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Certificates,the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent accounting firm, or another qualified third party concerning the deposit of cash and/or Government Securities to pay,when due,the principal of, redemption premium (if any), and interest due on any defeased Certificates. Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three(3)years after the Stated Maturity of the Certificates, or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary,it is hereby provided that any determination not to redeem defeased Certificates that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1)in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of(i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30. Printed Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Certificates, the opinion to be dated and delivered as of the date of initial delivery and payment for the Certificates. Printing of a true and correct copy of the opinion on the reverse side of each of the Certificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. 29650028.5 -32- SECTION 31. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided,however,that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor Bond Counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 32. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33. Ordinance a Contract, Amendments - Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may,without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders,including the curing of any ambiguity,inconsistency,or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance;provided,however,that,without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Certificates,reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City,Bond Counsel,Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Paying Agent/Registrar, and the Holders. SECTION 35. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 36. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. 29650028.5 -33- SECTION 38. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. SECTION 40. Authorization of Paving Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange,registration, and transferability of the Certificates. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 41. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 42. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 43. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMU means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. 29650028.5 -34- Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2018,financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by Section 26 of this Ordinance, being the information described in Exhibit C hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i)prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period,then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB,when and if the audit report on such financial statements becomes available. Under current Texas law,including,but not limited to,Chapter 103,as amended,Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement,shall be filed in the office of the City Secretary within one hundred eighty (180) days after the last day of the City's fiscal year. Additionally,upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,Notices of Proposed Issue (IRS Form 5701- 29650028.5 -35- TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) Modifications to rights of holders of the Certificates if material; (8) Certificate calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Certificates to be no longer Outstanding. 29650028.5 -36- The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity,nature, status, or type of operations of the City,but only if(1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a)the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a) such provisions as so amended and(b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in 29650028.5 -37- narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format, Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format(PDF)files that permit the document to be saved,viewed,printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document)available to the public through EMMA or filed with the SEC. SECTION 45. Book-Entry OnlyS. sem. The Certificates shall initially be registered so as to participate in a securities depository system (the DTC System) with The Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Certificates shall be issued (following cancellation of the Initial Certificate described in Section 7)in the form of a separate single definitive Certificate. Upon issuance,the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Certificates registered in the name of Cede& Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Certificates from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Certificates, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Certificate, of any amount with respect to principal of,premium, if any, or interest on the Certificates. While in the DTC System,no person other than Cede&Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying 29650028.5 -38- Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder,the word"Cede&Co."in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates,the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates shall no longer be restricted to being registered in the name of Cede&Co., as nominee of DTC. At that time,the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede& Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Certificates, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Certificates, the Authorized Representatives and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47. Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Certificates issued (or to be issued)pursuant to this Ordinance based on the City's reasonable expectations and projections relative to those Certificates, such budget entries shall, upon the issuance of Certificates,be automatically adjusted to reflect actual debt service payments 29650028.5 -39- on those Certificates coming due during the period of time covered by such budget. Each Authorized Representative, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 48. City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas AMC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas,requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law,the City hereby consents to and authorizes any Authorized Representative, the City's Bond Counsel, and/or the City's Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Certificates. SECTION 49. Effective Date. Pursuant to the provisions of Section 1201.028,as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 29650028.5 -40- PASSED AND ADOPTED on the 15th day of May, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS 15TH DAY OF MAY, 2018: Miles Risley, City Attorney (CITY SEAL) 29650028.5 S-1 INDEX OF SCHEDULES AND EXHIBITS SCHEDULE I - Approval Certificate EXHIBIT A - Paying Agent/Registrar Agreement EXHIBIT B - Purchase Contract EXHIBIT C - Description of Annual Financial Information EXHIBIT D - DTC Letter of Representations 29650028.5 I-I 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of May, 2018, authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2018B, which ordinance 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 15th day of May, 2018. City Secretary (CITY SEAL) 29650028.5 That the foregoing ordinance was read for the first time and passed to its second reading on this the 8th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the 15th day of May, 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the 15th day of May, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 29650028.5 Schedule I-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 29650028.5 A-1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 29650028.5 B-1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix B,but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in the Official Statement under Tables numbered 1 through 6 and 8 through 12 ("Financial Information"). Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 29650028.5 C-1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 29650028.5 D-1 se GO O Va. v AGENDA MEMORANDUM NORROPpEO First Reading Ordinance for the City Council Meeting of May 8, 2018 1852 Second Reading Ordinance for the City Council Meeting of May 15, 2018 DATE: April 25, 2018 TO: Margie C. Rose, City Manager FROM: Iain Vasey (361) 882-7448 ivasey@ccredc.com Type A Grant for Nueces County Courthouse Development Partners, LLC CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Courthouse Development Partners, LLC, to provide a grant of up to $3,000,000, for the creation of jobs and infrastructure construction to enhance economic development; appropriating said funds from the Business/Job Development Fund; and amending the budget. PURPOSE: Nueces County Courthouse Development Partners (Courthouse) will renovate the old County Courthouse to create a 159-room four-star hotel. They will create 25 full-time jobs. BACKGROUND AND FINDINGS: The old County Courthouse has not been in use since the County moved to the new courthouse in 1975. There have been many plans to renovate but none have come to fruition. This project is also receiving $1,000,000 from the Downtown TIRZ #3. Courthouse will pay all of the back taxes owed to the various taxing entities 90 days after closing on the property. The City's portion is approximately $300,000. The return on investment for this project is 26.1% and a payback of 3.9 years. ALTERNATIVES: If this project does not move forward the courthouse will be demolished once it is off of the historical rolls. OTHER CONSIDERATIONS: Once the replacement for the Harbor Bridge is complete all of the entrance ramps will be demolished and this building will be the gateway to downtown. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in downtown Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 3,000,000 3,000,000 Encumbered / Expended Amount This item 3,000,000 3,000,000 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Nueces County Courthouse Development Partners, LLC in the amount of$3,000,000 for the creation of jobs and infrastructure construction to enhance economic development. LIST OF SUPPORTING DOCUMENTS: Ordinance— Courthouse Agreement— Courthouse Economic Impact— Courthouse Project Courthouse Application Page 1 of 3 Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Courthouse Development Partners, LLC, to provide a grant of up to $3,000,000, for the creation of jobs and infrastructure construction to enhance economic development; appropriating said funds from the Business/Job Development Fund; and amending the budget. Whereas, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Nueces County Courthouse Development Partners, LLC, ("Courthouse") to redevelop the old Nueces County Courthouse into a four-star hotel for tourists and visitors from outside of the local area and create jobs; over a five-year period will best satisfy this goal; Whereas, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for creation of jobs and infrastructure construction between the Type A Corporation and Courthouse; Whereas, the Board of the Directors of the Type A Corporation (the "Board") approved an agreement with Courthouse for an incentive in an amount not to exceed $3,000,000 in its meeting on April 16, 2018. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type A Corporation and Courthouse, which provides for the creation of jobs and the construction of infrastructure to enhance economic development, within the City of Corpus Christi, is approved. SECTION 2. That $3,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Courthouse for the creation of jobs and infrastructure construction to enhance economic development. SECTION 3. That Ordinance No. 031255, which adopted the FY 2017-2018 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $3,000,000 for a business incentive grant from the Type A Corporation to Courthouse for the creation of jobs and infrastructure construction to enhance economic development. @BCL@B40D7B73.docxourthouse Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 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: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy 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: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel @BCL@B40D7B73.docxourthouse Page 3 of 3 PASSED AND APPROVED on this the day of 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor @BCL@B40D7B73.docxourthouse BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND NUECES COUNTY COURTHOUSE DEVELOPMENT PARTNERS, LLC FOR THE CREATION OF JOBS AND INFRASTRUCTURE CONSTRUCTION TO ENHANCE ECONOMIC DEVELOPMENT This Business Incentive Agreement for Capital Investments and the Creation of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Nueces County Courthouse Development Partners, LLC ("Courthouse"), a Texas limited liability corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"). empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("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 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018 last amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Courthouse plans to redevelop the old Nueces County Courthouse into a four-star hotel for tourists and visitors from outside of the local area (the "Project"); WHEREAS, Courthouse proposes to invest over $40 million within a 5-year period, with intent to begin construction in 2019; WHEREAS, on April 16, 2018, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Courthouse, through this Agreement to be used to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Courthouse hotel and that will result in increased economic development and the creation of a minimum of 25 new full-time equivalent positions in the City of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and Courthouse agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement, so long as the Agreement has been approved by the City's City Council. Courthouse understands that this Agreement is dependent upon the approval of City Council. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements. a. Courthouse agrees to use these funds to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the Project. b. Courthouse agrees to provide the Corporation with a sworn certificate by authorized representative of the business, certifying the amount used for infrastructure improvements, c. Courthouse will provide the Corporation with a detailed list of infrastructure expenditures each year within 30 days of the anniversary of the Effective Date until construction is complete. d. During the term of this Agreement, Courthouse will create at least 25 new full- time equivalent positions in the City of Corpus Christi. e. During the term of this Agreement, Courthouse will invest at least $40,000,000 in the Project. 4. Grant Award. a. The Board will grant Courthouse the amount of$3,000,000, to be paid to Nueces County Courthouse Development Partners, LLC, so long as all of the terms and conditions of the Agreement are met prior to the Agreement's expiration, b. The grant ($3,000,000) will be within 60 days after Courthouse provides documentation that they have received a permanent certificate of occupancy for the Project issued by the City's Development Services department, Along with the Certificate of Occupancy, Courthouse must submit certification that there are no Page 2 of 9 mechanics, contractor's or materialman's liens against the property and provide documentation establishing that all other performance requirements, including the creation of jobs, have been met. If Courthouse does not provide the required documentation prior to the end of the Term, this Agreement shall expire and Courthouse shall not be entitled to the grant funds. 5. Buy Local Provision. a. Courthouse agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 8. Warranties. Courthouse warrants and represents to Corporation the following: a. Courthouse is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Courthouse has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Courthouse has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement, d. Courthouse has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Courthouse are duly authorized to execute this Agreement on behalf of Courthouse. f. Courthouse does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Courthouse is convicted of a violation under 8 U.S.C. Section 1324a(f), Courthouse shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Courthouse has been notified of the violation. Page 3 of 9 7. Compliance with Laws. Courthouse shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Courthouse covenants and agrees that Courthouse 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 Project boundaries, 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. 9. Force Majeure. If the Corporation or Courthouse are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Courthouse are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment, Except as provided below, Courthouse may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of Corporation, which approval will not be unreasonably withheld or delayed. The Corporation agrees, however, that Courthouse may assign all or part of its rights and obligations under this Agreement to any entity affiliated with Courthouse by reason of controlling, being controlled by, or being under common control with Courthouse or to a third-party lender advancing funds for the construction or operation of the hotel. The Corporation expressly consents to any assignment described in the preceding sentence and agrees that no further consent of Corporation to such an assignment will be required. Courthouse agrees to provide Corporation with written notice of any such assignment. The foregoing notwithstanding, any assignment of Courthouse's rights under this Agreement shall not release Courthouse from its obligations hereunder. 11. Indemnity. Courthouse covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers'compensation and death claims), or property loss or damage of any kind, 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 Courthouse activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Courthouse must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 4 of 9 12. Events of Default by Courthouse. The following events constitute a default of this Agreement by Courthouse: a. The Corporation or City determines that any representation or warranty on behalf of Courthouse contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Courthouse or any attachment or other levy against the property of Courthouse with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Courthouse makes an assignment for the benefit of creditors. d. Courthouse files a petition in bankruptcy or an order for relief is entered by the bankruptcy court in an involuntary bankruptcy listing Courthouse as the debtor. e. If taxes owed by Courthouse become delinquent, and Courthouse fails to timely and properly follow the legal procedures for protest or contest. f. Courthouse changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Courthouse is in default according to the terms of this Agreement, the Corporation or City shall notify Courthouse in writing of the event of default and provide 60 days from the date of the notice ("Cure Period")for Courthouse to cure the event of default. 14. Results of Uncured Default by Courthouse. After exhausting good faith attempts to address any default during the cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Courthouse, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Courthouse shall immediately repay all funds paid by Corporation to them under this Agreement. b. Courthouse shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Courthouse of all sums due, the Corporation and Courthouse shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Courthouse may be held liable for any consequential damages. Page 5 of 9 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement,justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Courthouse's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Courthouse is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Courthouse specifically agrees that Corporation shall only be liable to Courthouse for the actual amount of the money grants to be conveyed to Courthouse and shall not be liable to Courthouse for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Courthouse to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: If to Courthouse: Nueces County Courthouse Development Partners, LLC 650 California Street, Floor 7 San Francisco, California 94704 Page 6 of 9 ATTN: Stephen L, Goodman If to the City: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: City Manager With Copy to: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 ATTN- City Attorney c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived. unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Courthouse will 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement 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 Agreement, 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, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose, b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Page 7 of 9 Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County. Texas, 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Courthouse. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. The rest of this page intentionally left blank Page 8 of 9 Corpus Christi Business & Job Development Corporation By: Bart Braselton President Date: Attest: By: Rebecca Huerta Assistant Secretary Courthouse By: Nueces County Courthouse Development Partners, LLC By: Date: The State of Texas County of This instrument was acknowledged before me on 2018, by I of Nueces County Courthouse Development Partners, LLC, a Texas limited partnership, on behalf of the partnership. Q Notary Public State of California Page 9 of 9 Callifomfla All-Purpose Cert�Tli Cate ©t Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that dot: merit. State of California County of S.S. On before personally appeared �s, who proved to me on the basis of satisfactory evidence to be the person whose name(e) is subscribed to the within instrument and acknowledged to me th a executed the same i t� it authorized capacity(jes), and that b his elr signature(s)on the instrument tt e�sr), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JASON CHRISTOPHER JEREMY Notary Public-California z W NESS my hand a d official seal. Contra Costa County > Commission#2216022 My Comm.Expires Sep 28.2021 ~ C.,,,„ w�rwr+rr+eir�r ril'3`rt'.`."( •1�t1FtA*} iJb11L' OPT! NAL INFORMATION A though Kno ation io this s clion is n ` e t ed by law it coald prevent hacidulent removal and reattachment of this acrnont to an urtaut orized dortiment and may prove useful to persons relying on the attached document. I-pescri tittached current I Information Thep—re4ing Certificateo cknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Proved to me on the basis of satisfactory evidence: "&' &* 1,«tic E ti".yc ❑form(s)of Identification credible witness(es) containing Q1 pages,and dated 'i"A �-`t i Notarial event is detailed in notary Journal on: The signer(s)ca act or author) Page# Entry# capacity authority is/are as: L) Individual(s) Notary contact: ❑ Attomey-in-fact O Corporate Officers) Other ❑Additional Signer ❑ signer(s)Thumbprints(s) ❑ Guardian/Conservator I El ❑ Partner-Limited/General ❑ Trustee(s) ,� Other representing: j I A Report of the Economic Impact of Project Courthouse in CChristi , Texas March 27, 2018 Prepared for: Corpus Christi Regional Economic Development Corporation One Shoreline Plaza 800 North Shoreline Suite 1300 South Corpus Christi, TX 78401 Prepared by: Impact DataSource 4709 Cap Rock Drive Austin, Texas 78735 (512) 892-0205 Fax (512) 892-2569 www.impactdatasource.com 3 IMPACT 1.111 ❑ata5ourca Table of Contents The Report: Introduction ...............................................................................................................3 Summary of the Results of the Analysis ....................................................................3 Description of the Facility ............................................................................................4 Economic Impact of the Firm ..................................................................................... 4 Costs and Benefits for Local Taxing Districts .............................................................5 Net Benefits to be Received by the City from the Firm and New Workers ...............8 Analysis of Possible Incentives that May be Offered to the Firm ............................... 8 Conductof the Analysis ............................................................................................... 9 About Impact DataSource ............................................................................................10 Data and Rates Used in the Analysis ............................................................................11 Schedules Showing the Results of Economic Impact Calculations ...............................18 Schedules Showing the Results of Costs and Benefits Calculations: Cityof Corpus Christi .................................................................................................23 NuecesCounty .......................................................................................................... 26 Corpus Christi Independent School District ...............................................................27 DelMar College ........................................................................................................... 29 HospitalDistrict ........................................................................................................... 29 Corpus Christi Crime Control District ...........................................................................30 CorpusChristi MTA ...................................................................................................... 31 Page 2 A Report of the Projected Economic Impact from Project Courthouse Introduction This report presents the results of an economic impact analysis performed by Impact DataSource,Austin, Texas. The analysis was to determine the impact that Project Courthouse will have on the economy of the Corpus Christi area and the costs and benefits for local taxing districts over the next ten years. Summary of the Results of the Analysis The analysis shows that the City of Corpus Christi will receive the following additional new net revenues from the company's facility in Corpus Christi and from direct and indirect workers over the next ten years: New Net Revenues for the City over Ten Years New net revenues $10,420,486 Present value of new net revenues $7,671,465 Type A Corporation Incentives The Type A corporation is considering incentives for the company to create engineering jobs in the city. These possible incentives may have the following average annual rate of return and payback period: Return and Payback on Tax Revenues for the City Net revenues for the City over the next five years $5,121,925 Net revenues for the City over the next ten years $10,420,486 Analysis of possible incentives for the firm: Average Annual Rate of Return Payback on the Period Type A of Corporation's Incentives Possible Investment to the City, Incentives Incentives in Years $3,000,000 34.7% 2.8 $4,000,000 26.1% 3.9 Page 3 Description of Facility Project Courthouse is the planned restoration of the old courthouse into a 4-star hotel. The current value of the property is$2,283,898 and the company will pay back taxes of$1.6 million to all local taxing districts. If$1.6 million in back taxes are paid to local taxing districts, each local taxing district may receive the following amounts of back taxes: City of Corpus Christi $383,068 Nueces County $194,604 Corpus Christi ISD $781,915 Del Mar College $163,771 Hospital District $76,642 Total $1,600,000 The company will invest$48 million in the facility. The facility expects annual lodging sales of$9,430,688. However, an estimated 40%of these lodging sales may be cannibalized from existing hotels in the city. Therefore, net new lodging sales $5,658,413 was used in this analysis. In addition, the facility will have annual sales subject to sales tax of$2.5 million. The facility will have 45 full time employees and an annual payroll of$2,769,000. The Economic Impact of the Company over the Next 10 Years The company, its workers and workers in indirect jobs created in the community will have the following economic impact on the Corpus Christi area over the next ten years: Economic Impact of the Company Operations Over the Next 10 Years Total number of new direct and indirect jobs to be retained/created 62 Number of direct and indirect workers who will move to the City 6 Number of new residents in the City 18 Number of new residential properties to be built in the City 2 Number of new students expected in Corpus Christi ISD 4 Salaries to be paid to direct and indirect workers $46,651,130 Taxable sales and purchases expected in the City $72,014,865 The value of new residential property to be built for direct and $537,792 indirect workers who move to the City by Year 10 The firm's property retained or added to local tax rolls $45,000,000 How this economic activity translates into costs and benefits for local taxing districts is discussed next. Page 4 Costs and Benefits for Local Taxing Districts over the Next 1 Years Local taxing districts can expect costs and benefits over the next ten years from operations of the firm, its workers and workers in indirect jobs created in the community. These costs and benefits are scheduled below, beginning with the revenues that will be received by local taxing districts. Revenues for Local Taxing Districts Public Revenues from the Firm's Operations over Next Ten Years Utility Sales Property Utility Franchise Taxes Taxes Revenues Fees City of Corpus Christi $990,204 $3,015,542 $3,887,286 $385,598 Nueces County $1,531,939 Corpus Christi ISD $6,155,293 Port of Corpus Christi $0 Del Mar College $1,289,219 Hospital District $603,328 Corpus Christi Crime Control District $90,019 Corpus Christi MTA $360,074 Total $1,440,297 $12,595,322 $3,887,286 $385,598 Additional Other State and Hotel Taxes Federal Occupancy and User School Total Taxes Fees Funding Revenues City of Corpus Christi $5,838,062 $19,709 $14,136,402 Nueces County $1,531,939 Corpus Christi ISD $261,376 $6,416,670 Port of Corpus Christi $0 Del Mar College $1,289,219 Hospital District $603,328 Corpus Christi Crime Control District $90,019 Corpus Christi MTA $360,074 Total $5,838,062 $19,709 $261,376 $24,427,651 Page 5 Costs for Local Taxing Districts While local taxing districts will receive revenues from the firm, its workers and from indirect workers, local districts may also incur additional costs. The following costs will be incurred over the next ten years, as a result of the firm's operations in Corpus Christi. Public Costs from the Firm's Operations Over the Next Ten Years Costs of Providing Monthly Cost of Costs of Utilities to the Municipal Providing Facility and Services for Services to New New to New Residents Residents Students Total City of Corpus Christi $3,692,921 $22,994 $3,715,916 Nueces County $0 Corpus Christi ISD $228,495 $228,495 Port of Corpus Christi $0 Del Mar College $0 Hospital District $0 Corpus Christi Crime $0 Control District Corpus Christi MTA $0 Total $3,692,921 $22,994 $228,495 $3,944,410 Page 6 Net Benefits for Local Taxing Districts The net benefits from the firm's operations for local taxing districts over the next 10 years will be as follows: Net Benefits Over the First 10 Years from the Firm's Operations Net Benefits Costs Benefits City of Corpus Christi $14,136,402 $3,715,916 $10,420,486 Nueces County $1,531,939 $0 $1,531,939 Corpus Christi ISD $6,416,670 $228,495 $6,188,175 Port of Corpus Christi $0 $0 $0 Del Mar College $1,289,219 $0 $1,289,219 Hospital District $603,328 $0 $603,328 Corpus Christi Crime Control District $90,019 $0 $90,019 Corpus Christi MTA $360,074 $0 $360,074 Total $24,427,651 $3,944,410 $20,483,241 Discounted Cash Flow for Local Taxing Districts The discounted cash flow over the next ten years for each taxing district from the firm's operations is shown below: Discounted Cash Flow Over the Next 10 Years City of Corpus Christi $7,671,465 Nueces County $1,170,141 Corpus Christi ISD $4,723,890 Port of Corpus Christi $0 Del Mar College $984,744 Hospital District $460,840 Corpus Christi Crime Control District $66,161 Corpus Christi MTA $264,643 Total $15,341,883 The above discounted cash flow or present value of net benefits is a way of expressing in today's dollars, dollars to be paid or received in the future. Today's dollar and a dollar to be received or paid at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing district's discount rate. This analysis uses a discount rate of 6%to make the dollars comparable -- by expressing them in today's dollars or in present value. Page 7 Net Benefits to be Received by the City of Corpus Christi from(1)the Firm and (2) New Workers Over the First Ten Years The City of Corpus Christi will receive benefits from spending and investments by the firm and from spending by workers. These benefits, over the next 10 years, are shown below for these two categories. Schedule of Benefits for the City from the Firm and New Workers Benefits from: Total The Firm Workers Benefits Revenues: Sales taxes $765,696 $224,509 $990,204 Property taxes $2,985,669 $29,873 $3,015,542 Utility revenues $3,772,971 $114,315 $3,887,286 Utility franchise fees $380,868 $4,731 $385,598 Other taxes and user fees $19,709 $19,709 Hotel occupancy taxes $5,838,062 $5,838,062 Total revenues $13,743,265 $393,137 $14,136,402 Costs: Costs of providing utilities $3,584,322 $108,599 $3,692,921 Costs of providing municipal services $22,994 $22,994 for new residents Total costs: $3,584,322 $131,594 $3,715,916 Net benefits $10,158,943 $261,543 $10,420,486 Percent of total net benefits 97% 3% for the City Analysis of Possible Incentives that May be Offered to the Firm The Type A corporation is considering incentives for the company to create new jobs in the city. This analysis considers the possible Type A corporation's incentives that may be provided to the firm as a public investment for the benefit of the City. The returns on this investment are the additional net benefits that the City will receive from the firm, its workers and workers in indirect jobs created in the community, in the form of additional taxes and other revenues. Four calculations analyzing this investment were made-- net benefits, discounted cash flow, rate of return on investment and payback period. Total net benefits and discounted cash flow for the City are scheduled above. Rate of return on investment and payback period are discussed and scheduled below. Page 8 Rate of return on investment is the average annual rate of return, over each of the next ten years, that the City will receive from additional revenues as a result of the City's investment in the facility. Payback period is the number of years that it will take the City to recover the investment from revenues that the City will receive from the firm and its new direct and indirect employees. The average annual rates of return on investment over the next ten years and the investment payback period on the Type A corporation's possible incentives for the company are shown below: Return and Payback on Tax Revenues for the City Net revenues for the City over the next five years $5,121,925 Net revenues for the City over the next ten years $10,420,486 Analysis of possible incentives for the firm: Average Annual Rate of Return Payback on the Period Type A of Corporation's Incentives Possible Investment to the City, Incentives Incentives in Years $3,000,000 34.7% 2.8 $4,000,000 26.1% 3.9 Conduct of the Analysis This analysis was conducted by Impact DataSource using data, rates and information supplied by the firm to the Corpus Christi Regional Economic Development Corporation and other information supplied by the CCREDC. In addition, Impact DataSource used certain estimates and assumptions. Using this data,the economic impact from the facility and the costs and benefits for the City of Corpus Christi and other local taxing districts were calculated for a ten year period. In addition to the direct economic impact of the firm and its employees, spin-off or indirect and induced benefits were also calculated. Indirect jobs and salaries will be created in new or existing area firms, such as office supply companies and air conditioning service firms, that may supply goods and services to the firm. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores,gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. To estimate the indirect and induced economic impact of the facility and its employees on the Corpus Christi Page 9 area, regional economic multipliers were used. Regional economic multipliers for Texas and areas of the state are included in the US Department of Commerce's Regional Input-Output Modeling System (RIMS II). Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created and supported in the Corpus Christi area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The multipliers show the estimated number of indirect and induced jobs created for every one direct job at the facility and the amount of salaries paid to these workers for every dollar paid to a direct worker at the facility. The multipliers used in this analysis are the following: Employment multiplier 0.3833 Earnings multiplier 0.5038 About ImpactDataSource Impact DataSource is 24-year-old Austin economic consulting, research and analysis firm. The firm has conducted economic impact analyses of numerous projects in Texas and 39 other states. In addition, the firm has developed economic impact analysis computer programs for several clients, including the New Mexico Economic Development Department. The firm's principal,Jerry Walker, performed this economic impact analysis. He is an economist and has Bachelor of Science and Master of Business Administration degrees in accounting and economics from Nicholls State University,Thibodaux, Louisiana. Data used in the analysis, along with schedules of the results of calculations, are on the following pages. Page 10 Data and Rates Used in this Analysis Page 11 Community information and rates: City of Corpus Christi sales tax rate 1.375% Corpus Christi Crime Control District 0.125% Corpus Christi MTA 0.5% The City of Corpus Christi portion of the hotel/motel tax rate 9% Property tax rates per$100 of valuation: City of Corpus Christi 0.6062640 Nueces County and Farm to Market Road 0.3079910 Corpus Christi ISD 1.2375000 Port of Corpus Christi 0.0000000 Del Mar College 0.2591930 Hospital District 0.1212970 Expected inflation rate over the next 10 years 3% Discount rate used in analysis to compute discounted cash flows 6% Average taxable value of a single residential unit(single family or $225,000 multi-family)that may be built for some individuals moving to Corpus Christi Percent annual increase in the taxable value of residential and commercial 2% real property on local tax rolls over the next 10 years Marginal cost of providing municipal services, excluding $350 utilities, to each new household Estimated other taxes and user fees to be collected by the city from each $300 new household --those revenues that are in addition to sales and property taxes, utilities and utility franchise fees Annual increase expected in other city revenues and marginal costs 2% The city's annual water, wastewater, garbage collection and natural gas billings $1,740 per household, as estimated below: Estimated Utility Monthly Estimated Annual Billing Service Billing (Monthly billing x 12) Water $40 $480 Wastewater $40 $480 Garbage collection $25 $300 Natural gas $40 $480 Total $145 $1,740 Page 12 The city's annual cost of providing water, wastewater, garbage $1,653 collection and natural gas per household (95%of utility billings) Annual increase expected in utility billings 2% The estimated city's utility franchise fee percentages 4% Electricity 4% Cable 5% Telephone per line per month: Residential 2.26 Non-residential 5.09 Annual utility franchise fees collected from each household in the city, as $75.36 estimated below: Monthly Utility Utility Utility Estimated Franchise Franchise Estimated Annual Utility Monthly Fee Fee Franchise Fee Collections Service Billing Percentage Collections (Monthly collections x 12) Electricity $85 4% $3.40 $40.80 Cable $35 5% $1.75 $21.00 Telephone .5 line $2.26 $1.13 $13.56 per line per mo. Total $75.36 Corpus Christi ISD rates: Annual state, federal and other funding received by the district for $5,700 for each child enrolled Average annual cost of providing services to each child in the district $10,500 new child Average annual cost for each new child, as a percent of average cost 52% Page 13 Information on the Facility: Estimated taxable value of assets at the facility added to tax rolls each year: Business Real Personal Property Property Total Year 1 $33,750,000 $11,250,000 $45,000,000 Year 2 $0 $0 $0 Year 3 $0 $0 $0 Year 4 $0 $0 $0 Year 5 $0 $0 $0 Year 6 $0 $0 $0 Year 7 $0 $0 $0 Year 8 $0 $0 $0 Year 9 $0 $0 $0 Year 10 $0 $0 $0 Total $33,750,000 $11,250,000 $45,000,000 Estimated inventories subject to local property taxes: Year 1 $500,000 Year 2 $515,000 Year 3 $530,450 Year 4 $546,364 Year 5 $562,754 Year 6 $579,637 Year 7 $597,026 Year 8 $614,937 Year 9 $633,385 Year 10 $652,387 Estimated annual increase in the volume and value of inventories after Year 1 3% Taxable sales in Corpus Christi: Year 1 $2,500,000 Year 2 $2,575,000 Year 3 $2,652,250 Year 4 $2,731,818 Year 5 $2,813,772 Year 6 $2,898,185 Year 7 $2,985,131 Year 8 $3,074,685 Year 9 $3,166,925 Year 10 $3,261,933 Total $28,659,698 Page 14 Expected annual increase in taxable sales after the first year 3% The firm's additional local taxable purchases of supplies, materials and services $1,500,000 in the first year Annual increase in local taxable purchases after the first year 3% Estimated annual lodging sales Year 1 $5,658,413 Year 2 $5,828,165 Year 3 $6,003,010 Year 4 $6,183,100 Year 5 $6,368,593 Year 6 $6,559,651 Year 7 $6,756,440 Year 8 $6,959,134 Year 9 $7,167,908 Year 10 $7,382,945 Total $64,867,358 Expected annual increase in taxable sales after the first year 3% Estimated monthly utilities at the facility in the first year: Annual Monthly Water and sewer $34,200 $2,850 Solid waste $36,000 $3,000 Electricity $480,000 $40,000 Natural gas $120,000 $10,000 Estimated number of telephone lines at the facility 50 Estimated annual increase in utility usage and rates: Water 3% Wastewater 3% Solid waste 3% Electricity 3% Natural gas 3% Page 15 Number of full-time new workers hired at the facility each year: Number of New Jobs Total to be Workers at Created the Facility Year1 45 45 Year 2 0 45 Year 3 0 45 Year 4 0 45 Year 5 0 45 Year 6 0 45 Year 7 0 45 Year 8 0 45 Year 9 0 45 Year 10 0 45 Total 45 Number of workers who move to Corpus Christi to take job at the facility: Number of Employees Who Move to Corpus Christi Year 1 5 Year 2 0 Year 3 0 Year 4 0 Year 5 0 Year 6 0 Year 7 0 Year 8 0 Year 9 0 Year 10 0 Total 5 Annual payroll: Year 1 $2,769,000 Year 2 $2,838,225 Year 3 $2,909,181 Year 4 $2,981,910 Year 5 $3,056,458 Page 16 Percent of expected increase in employee salaries after Year 5 2.5% Multipliers for calculating the number of indirect and induced jobs and earnings in the area: Earnings 0.5038 Employment 0.3833 This cost-benefit analysis uses the above multipliers to project the indirect and induced benefits in the community as a result of the direct economic activity. The employment multiplier shows the number of spin-off jobs what will be created from each direct job. Similarly, the earnings multiplier estimates the salaries and wages to be paid to workers in these spin-off jobs for each$1 paid to direct workers. Percent employees to be hired in spin-off jobs created in the community 8% who will move to Corpus Christi Percent of workers who move to the community that will buy a new home or 30% require that new residential property be built for them The number of people in a typical worker's household 3 The number of school children in a typical worker's household 0.65 Percent of retail shopping by a typical worker in the City of Corpus Christi 80% Source: Data used in this analysis was furnished to Impact DataSource by the Corpus Christi Regional Economic Development Corporation. In addition, Impact DataSource estimates and assumptions were used. Page 17 Schedules Showing the Results of Economic Impact Calculations Page 18 Economic Impact of the Facility Number of local jobs and worker salaries to be paid: Direct Indirect Total Direct Indirect Total Year Jobs Jobs Jobs Salaries Salaries Salaries 1 45 17 62 $2,769,000 $1,395,022 $4,164,022 2 0 0 0 $2,838,225 $1,429,898 $4,268,123 3 0 0 0 $2,909,181 $1,465,645 $4,374,826 4 0 0 0 $2,981,910 $1,502,286 $4,484,196 5 0 0 0 $3,056,458 $1,539,843 $4,596,301 6 0 0 0 $3,132,869 $1,578,340 $4,711,209 7 0 0 0 $3,211,191 $1,617,798 $4,828,989 8 0 0 0 $3,291,471 $1,658,243 $4,949,714 9 0 0 0 $3,373,758 $1,699,699 $5,073,457 10 0 0 0 $3,458,102 $1,742,192 $5,200,293 Total 45 17 62 $31,022,164 $15,628,966 $46,651,130 Number of direct and indirect workers and their families who will move to the area and their children who will attend Corpus Christi ISD schools: New New Year Residents Students 1 18 4 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 7 0 0 8 0 0 9 0 0 10 0 0 Total 18 4 Page 19 Number of new residential properties that may be built in Corpus Christi for direct and indirect workers who will move to the community: New Residential Year Properties 1 2 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 10 0 Total 2 Local taxable spending on which sales taxes will be collected: Local Purchases of Construction The Facility's Materials and Direct and Local Furniture, Indirect Taxable Purchases Fixtures and Workers' Visitors' Sales at the and Taxable Year Equipment Spending Spending Facility Utilities Total 1 $2,953,125 $1,457,408 $0 $2,500,000 $2,100,000 $9,010,533 2 $0 $1,493,843 $0 $2,575,000 $2,163,000 $6,231,843 3 $0 $1,531,189 $0 $2,652,250 $2,227,890 $6,411,329 4 $0 $1,569,469 $0 $2,731,818 $2,294,727 $6,596,013 5 $0 $1,608,705 $0 $2,813,772 $2,363,569 $6,786,046 6 $0 $1,648,923 $0 $2,898,185 $2,434,476 $6,981,584 7 $0 $1,690,146 $0 $2,985,131 $2,507,510 $7,182,787 8 $0 $1,732,400 $0 $3,074,685 $2,582,735 $7,389,820 9 $0 $1,775,710 $0 $3,166,925 $2,660,217 $7,602,852 10 $0 $1,820,103 $0 $3,261,933 $2,740,024 $7,822,059 Total $2,953,125 $16,327,896 $0 $28,659,698 $24,074,147 $72,014,865 Page 20 Lodging revenues for the hotel: Lodging Year Revenues 1 $5,658,413 2 $5,828,165 3 $6,003,010 4 $6,183,100 5 $6,368,593 6 $6,559,651 7 $6,756,440 8 $6,959,134 9 $7,167,908 10 $7,382,945 Total $64,867,358 Taxable value of new residential property built for direct and indirect workers who move to the community and the increase in the value of the facility's property on local tax rolls: New Value of Total Residential Property at Taxable Year Property the Facility Property 1 $450,000 $44,375,000 $44,825,000 2 $459,000 $43,940,000 $44,399,000 3 $468,180 $43,518,950 $43,987,130 4 $477,544 $43,112,134 $43,589,677 5 $487,094 $42,719,840 $43,206,934 6 $496,836 $42,342,364 $42,839,201 7 $506,773 $41,980,008 $42,486,781 8 $516,909 $41,633,078 $42,149,987 9 $527,247 $42,426,889 $42,954,136 10 $537,792 $43,236,761 $43,774,552 Page 21 Schedules Showing the Results of Costs and Benefits Calculations Page 22 Costs and Benefits for the City of Corpus Christi: Benefits: Sales tax collections on spending: Local Purchases of Construction Materials and Direct and Furniture, Indirect Taxable The Facility's Fixtures and Workers' Visitors' Sales at the Local Year Equipment Spending Spending Facility Purchases Total 1 $40,605 $20,039 $0 $34,375 $28,875 $123,895 2 $0 $20,540 $0 $35,406 $29,741 $85,688 3 $0 $21,054 $0 $36,468 $30,633 $88,156 4 $0 $21,580 $0 $37,562 $31,552 $90,695 5 $0 $22,120 $0 $38,689 $32,499 $93,308 6 $0 $22,673 $0 $39,850 $33,474 $95,997 7 $0 $23,240 $0 $41,046 $34,478 $98,763 8 $0 $23,820 $0 $42,277 $35,513 $101,610 9 $0 $24,416 $0 $43,545 $36,578 $104,539 10 $0 $25,026 $0 $44,852 $37,675 $107,553 Total $40,605 $224,509 $0 $394,071 $331,020 $990,204 Property tax collections on: New Residential The Firm's Year Property Property Total 1 $2,728 $652,098 $654,826 2 $2,783 $266,392 $269,175 3 $2,838 $263,840 $266,678 4 $2,895 $261,373 $264,269 5 $2,953 $258,995 $261,948 6 $3,012 $256,707 $259,719 7 $3,072 $254,510 $257,582 8 $3,134 $252,406 $255,540 9 $3,197 $257,219 $260,415 10 $3,260 $262,129 $265,389 Total $29,873 $2,985,669 $3,015,542 Page 23 Costs and benefits for the City of Corpus Christi -Continued Utilities and utility franchise fees collected by the city from new residents and utility revenues(water and wastewater and natural gas)from the facility: Utility Franchise Year Utilities Fees Total 1 $200,640 $19,652 $220,292 2 $206,555 $20,233 $226,787 3 $212,645 $20,831 $233,475 4 $426,752 $42,427 $469,179 5 $439,444 $43,690 $483,134 6 $452,514 $44,991 $497,506 7 $465,975 $46,332 $512,306 8 $479,836 $47,712 $527,548 9 $494,111 $49,134 $543,245 10 $508,812 $50,598 $559,410 Total $3,887,286 $385,598 $4,272,884 Hotel-motel taxes collected from visitors and other taxes and user fees collected from new residents: Other Hotel-Motel Taxes and Total Other Year Taxes User Fees Revenues 1 $509,257 $1,800 $511,057 2 $524,535 $1,836 $526,371 3 $540,271 $1,873 $542,144 4 $556,479 $1,910 $558,389 5 $573,173 $1,948 $575,122 6 $590,369 $1,987 $592,356 7 $608,080 $2,027 $610,107 8 $626,322 $2,068 $628,390 9 $645,112 $2,109 $647,221 10 $664,465 $2,151 $666,616 Total $5,838,062 $19,709 $5,857,772 Page 24 Costs and benefits for the City of Corpus Christi -Continued Costs: The costs of providing services to new residents and the costs of utilities provided to the new residents and to the facility: Cost of Services to New Costs of Year Residents Utilities Total Costs 1 $2,100 $190,608 $192,708 2 $2,142 $196,227 $198,369 3 $2,185 $202,013 $204,198 4 $2,229 $405,415 $407,643 5 $2,273 $417,472 $419,745 6 $2,319 $429,889 $432,207 7 $2,365 $442,676 $445,041 8 $2,412 $455,844 $458,257 9 $2,460 $469,406 $471,866 10 $2,510 $483,372 $485,882 Total $22,994 $3,692,921 $3,715,916 Net Benefits for the City of Corpus Christi: Net Cumulative Year Benefits Costs Benefits Net Benefits 1 $1,510,070 $192,708 $1,317,362 $1,317,362 2 $1,108,021 $198,369 $909,652 $2,227,014 3 $1,130,453 $204,198 $926,255 $3,153,270 4 $1,382,532 $407,643 $974,889 $4,128,158 5 $1,413,512 $419,745 $993,767 $5,121,925 6 $1,445,577 $432,207 $1,013,370 $6,135,295 7 $1,478,758 $445,041 $1,033,717 $7,169,013 8 $1,513,088 $458,257 $1,054,831 $8,223,844 9 $1,555,420 $471,866 $1,083,554 $9,307,398 10 $1,598,969 $485,882 $1,113,088 $10,420,486 Total $14,136,402 $3,715,916 $10,420,486 Page 25 Benefits for Nueces County: Property Tax Collections on: New The Residential Facility's Year Property Property Total 1 $1,386 $331,275 $332,661 2 $1,414 $135,331 $136,745 3 $1,442 $134,034 $135,476 4 $1,471 $132,781 $134,252 5 $1,500 $131,573 $133,073 6 $1,530 $130,411 $131,941 7 $1,561 $129,295 $130,855 8 $1,592 $128,226 $129,818 9 $1,624 $130,671 $132,295 10 $1,656 $133,165 $134,822 Total $15,176 $1,516,763 $1,531,939 Total Benefits for the County: Total Cumulative Year Benefits Benefits 1 $332,661 $332,661 2 $136,745 $469,406 3 $135,476 $604,883 4 $134,252 $739,135 5 $133,073 $872,208 6 $131,941 $1,004,149 7 $130,855 $1,135,005 8 $129,818 $1,264,823 9 $132,295 $1,397,118 10 $134,822 $1,531,939 Total $1,531,939 Page 26 Costs and Benefits for the Corpus Christi ISD: Benefits,including property taxes and additional state and federal school funding: Property Tax Collections on: Additional New Residential The Facility's Total School Year Property Property Collections Funding Total 1 $5,569 $1,331,055 $1,336,624 $22,800 $1,359,424 2 $5,680 $543,758 $549,438 $23,484 $572,922 3 $5,794 $538,547 $544,341 $24,189 $568,529 4 $5,910 $533,513 $539,422 $24,914 $564,336 5 $6,028 $528,658 $534,686 $25,662 $560,347 6 $6,148 $523,987 $530,135 $26,431 $556,567 7 $6,271 $519,503 $525,774 $27,224 $552,998 8 $6,397 $515,209 $521,606 $28,041 $549,647 9 $6,525 $525,033 $531,557 $28,882 $560,440 10 $6,655 $535,055 $541,710 $29,749 $571,459 Total $60,976 $6,094,317 $6,155,293 $261,376 $6,416,670 Costs of educating children of new workers who move to the district: Costs of Educating Children Year of New Resident Workers 1 $21,840 2 $22,058 3 $22,279 4 $22,502 5 $22,727 6 $22,954 7 $23,184 8 $23,415 9 $23,650 10 $23,886 Total $228,495 Page 27 Costs and Benefits for Corpus Christi ISD-Continued Net Benefits for the School District: Net Cumulative Year Benefits Costs Benefits Net Benefits 1 $1,359,424 $21,840 $1,337,584 $1,337,584 2 $572,922 $22,058 $550,863 $1,888,447 3 $568,529 $22,279 $546,250 $2,434,698 4 $564,336 $22,502 $541,835 $2,976,532 5 $560,347 $22,727 $537,621 $3,514,153 6 $556,567 $22,954 $533,612 $4,047,766 7 $552,998 $23,184 $529,815 $4,577,580 8 $549,647 $23,415 $526,232 $5,103,812 9 $560,440 $23,650 $536,790 $5,640,602 10 $571,459 $23,886 $547,573 $6,188,175 Total $6,416,670 $228,495 $6,188,175 Page 28 Benefits for Del Mar College Property Tax Collections on: New Residential The Facility's Total Total Year Property Property Collections Benefits 1 $1,166 $278,788 $279,954 $279,954 2 $1,190 $113,889 $115,079 $115,079 3 $1,213 $112,798 $114,012 $114,012 4 $1,238 $111,744 $112,981 $112,981 5 $1,263 $110,727 $111,989 $111,989 6 $1,288 $109,748 $111,036 $111,036 7 $1,314 $108,809 $110,123 $110,123 8 $1,340 $107,910 $109,250 $109,250 9 $1,367 $109,968 $111,334 $111,334 10 $1,394 $112,067 $113,461 $113,461 Total $12,771 $1,276,448 $1,289,219 $1,289,219 Benefits for the Hospital District Property Tax Collections on: New Residential The Facility's Total Total Year Property Property Collections Benefits 1 $546 $130,467 $131,013 $131,013 2 $557 $53,298 $53,855 $53,855 3 $568 $52,787 $53,355 $53,355 4 $579 $52,294 $52,873 $52,873 5 $591 $51,818 $52,409 $52,409 6 $603 $51,360 $51,963 $51,963 7 $615 $50,920 $51,535 $51,535 8 $627 $50,500 $51,127 $51,127 9 $640 $51,463 $52,102 $52,102 10 $652 $52,445 $53,097 $53,097 Total $5,977 $597,351 $603,328 $603,328 Page 29 Benefits for Corpus Christi Crime Control District Sales tax collections on spending: Local Purchases of Construction The Facility's Materials and Direct and Local Furniture, Indirect Taxable Purchases Fixtures and Workers' Visitors' Sales at the and Taxable Year Equipment Spending Spending Facility Utilities Total 1 $3,691 $1,822 $0 $3,125 $2,625 $11,263 2 $0 $1,867 $0 $3,219 $2,704 $7,790 3 $0 $1,914 $0 $3,315 $2,785 $8,014 4 $0 $1,962 $0 $3,415 $2,868 $8,245 5 $0 $2,011 $0 $3,517 $2,954 $8,483 6 $0 $2,061 $0 $3,623 $3,043 $8,727 7 $0 $2,113 $0 $3,731 $3,134 $8,978 8 $0 $2,165 $0 $3,843 $3,228 $9,237 9 $0 $2,220 $0 $3,959 $3,325 $9,504 10 $0 $2,275 $0 $4,077 $3,425 $9,778 Total $3,691 $20,410 $0 $35,825 $30,093 $90,019 Total Benefits for Corpus Christi Crime Control District: Total Cumulative Year Benefits Benefits 1 $11,263 $11,263 2 $7,790 $19,053 3 $8,014 $27,067 4 $8,245 $35,312 5 $8,483 $43,795 6 $8,727 $52,522 7 $8,978 $61,500 8 $9,237 $70,737 9 $9,504 $80,241 10 $9,778 $90,019 Total $90,019 Page 30 Benefits for Corpus Christi MTA Sales tax collections on spending: Local Purchases of Construction The Facility's Materials and Direct and Local Furniture, Indirect Taxable Purchases Fixtures and Workers' Visitors' Sales at the and Taxable Year Equipment Spending Spending Facility Utilities Total 1 $14,766 $7,287 $0 $12,500 $10,500 $45,053 2 $0 $7,469 $0 $12,875 $10,815 $31,159 3 $0 $7,656 $0 $13,261 $11,139 $32,057 4 $0 $7,847 $0 $13,659 $11,474 $32,980 5 $0 $8,044 $0 $14,069 $11,818 $33,930 6 $0 $8,245 $0 $14,491 $12,172 $34,908 7 $0 $8,451 $0 $14,926 $12,538 $35,914 8 $0 $8,662 $0 $15,373 $12,914 $36,949 9 $0 $8,879 $0 $15,835 $13,301 $38,014 10 $0 $9,101 $0 $16,310 $13,700 $39,110 Total $14,766 $81,639 $0 $143,298 $120,371 $360,074 Total Benefits for Corpus Christi MTA: Total Cumulative Year Benefits Benefits 1 $45,053 $45,053 2 $31,159 $76,212 3 $32,057 $108,269 4 $32,980 $141,249 5 $33,930 $175,179 6 $34,908 $210,087 7 $35,914 $246,001 8 $36,949 $282,950 9 $38,014 $320,964 10 $39,110 $360,074 Total $360,074 Page 31 Corpus Christi RECIONAL ECONOMIC DEVELOPMENT CORPORATION APPLICATION FOR INCENTIVES Date of Application: Check All Incentives Applicant Is Applying For: ❑ Tax Abatement ❑ Chapter 380 Agreement ❑ Chapter 381 ❑ Municipal Management District ❑ Public Improvement District ❑ Industrial District ® Type A ® TIRZ ❑ Enterprise Zone ❑ Fast Track Permitting ❑ Industrial Revenue Bonds ❑ Large Retail/Mixed Use SECTION I — APPLICANT INFORMATION AND BUSINESS DESCRIPTION Company Name: Improvement Network Development Partners, LLC Address: 650 California Street Floor 7 City: San Francisco State: CA Zip: 94704 Authorized Contact Name: Stephen L. Goodman Title: Managing Director Mailing Address: 650 California Street, Floor 7 City: San Francisco State: CA Zip: 94704 Telephone: 415-879-9980 (office) 415-312-9864 (cell) Fax: 800-749-9020 E-mail Address: sgoodman@indevelopmentpartners.com Duns Number: NAICS: 72110 1.1 Indicate ownership of Applicant Company: Private ® Public ❑ 1.2 Indicate applicant's type of legal entity, e.g., proprietorship, partnership, joint venture, or corporation: Limited Liability Company 1.3 Identify applicant's state of registration or incorporation, if applicable: Texas 1.4 Identify business headquarters location (city, state): San Francisco, CA 1.5 Does/will the applicant own or lease the project land and/or facility: Own If leased, indicate lease term: Expiration date: 1.6 Indicate applicant's total workforce: Full-time: 2 Part-time: 10 (we are assuming "applicant" is the single purpose entity we formed to own this project) 1.7 Indicate applicant's existing County Appraisal District tax account numbers: Real Property: $2,283,989 (2018 value) Personal Property: 0 Inventory/Supplies: 0 1.8 Identify the owner(s) of the real and/or personal property if applicant is not the owner: n/a 1.9 Is the company delinquent in the payment of ad valorem taxes to any taxing unit located County: Yes ❑ ® No If yes, explain: SECTION II — PROJECT DESCRIPTION 2.1 Type of facility (check): ❑ Agribusiness ❑ Aviation ❑ Biotechnology ❑ Basic Industrial ❑ Manufacturing ❑ Service Facility ❑ Petrochemical Facility ❑ Regional Distribution Center ❑ Environmental Technology (clean or green technology) ❑ Telecommunication/Data Processing Center ® Visitor/Amusement Facility ❑ Significant Projects in targeted areas, including but not limited to mixed- use and multifamily housing ❑ Other- 2 Valid through 12/31/2018 2.2 Type of project: ❑ Retention ❑ Re-Location or New Location ❑ New Facility ❑ Existing Facility ® Expansion or Modernization 2.3 Fully describe the proposed project, including capital improvements (real and personal property) to be undertaken, the facility's use, and the product or service to be produced: Improvement Network Development Partners, LLC (INDP) is acquiring the Old Nueces County Courthouse located in the heart of downtown Corpus Christi, TX. INDP has completed a development plan to convert the existing courthouse building into an upscale Le Meridian Hotel. The plan includes the renovation of the existing 80,000 square foot building and the addition of 51 ,165 square feet for a 159 room 4-star hotel to include a full-service restaurant and bar, meeting spaces and other hotel amenities. 199 surface parking spaces will be added. 189 full-time construction jobs will be available during 2018 and 2019 through the completion of the project. Salaries will average $62,500 per person totaling approximately $14,765,625 for the 15 month construction period. 2.4 Zoning required for operation: C1 2.4.1 Current Zoning: C1 2.4.2 Is the property platted? Yes ® No ❑ 2.4.3 Is the property served by adequate infrastructure? Water: yes Wastewater: yes Storm Water:yes Gas: yes 2.4.4 Is a master plan amendment required before infrastructure can be extended? No 2.4.5 Are off-site traffic control improvements required? Yes ❑ No 2.5 Briefly justify how this incentive(s) is/are necessary for the project to be completed: This incentive is necessary for the economic viability of the project. The sponsor is contributing a significant amount of equity ($6.4MM) and is taking on $21MM in debt. The projects needs incentives to fill the gap in the capital requirements of$52.5MM. 2.6 Indicate project location (street address/legal description): 1101 N. Mesquite Street, Corpus Christi, TX Lots One through Twelve (1-12), both inclusive, in the Court House Block, Beach Portion of the City of Corpus Christi, Texas, according to the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas; SAVE AND EXCEPT, however, those certain parcels of land conveyed by the County of Nueces to 3 Valid through 12/31/2018 the State of Texas as a Road Right-of-Way Easement, by Instrument dated February 8, 1957, recorded in Volume 766, Page 138, Deed Record, Nueces County, Texas. 2.7 Provide a timeline for the project completion, indicate commencement and completion dates: The close on property acquisition is April 1, 2018. Commencement of construction is August 1, 2018 with completion expected by November 1, 2019. Opening is planned for November 15, 2019. SECTION III — PROJECT VALUATIONS 3.1 As provided by the Nueces County Appraisal District, indicate the appraised values of the following: Land (excluding acquisition costs) Value: $837,000 Date: 2018 Existing real property Value: $2,238,989 Date: 2018 Existing personal property Value: 0 Date: 3.2 Indicate the estimated project improvement values: Real property: $48M Personal property: $3.98M Inventory/supplies: $480K SECTION IV — PROJECT JOB CREATION 4.1 Number of new, permanent jobs to be created: Full-time: 45 Part-time: 30 189 full-time construction jobs will be created through November 2019. In addition to the 75 permanent positions, the project will offer 189 full-time construction jobs during the renovation. Additionally, over 30 indirect jobs will be created by various service providers. 4.2 Number of jobs retained: Full-time: 0 Part-time: 0 As this facility is currently unused, there are no existing positions. 4 Valid through 12/31/2018 4.3 Matrix of Existing and Proposed Employment, Gross Payroll, and Investment As of December 31, 2018 2019 2020 2021 2022 New Capital Investment (in millions) Building $8,796,000 $26,383,310 FFE 0 $4,460,000 Total $8,796,000 $30,848,310 The $39M reflects construction and FFES. The additional $11 M is for soft costs such as architecture and engineering. As of December 31, 2018 2019 2020 2021 2022 Employment Existing Jobs Full-time 0 Part-time 0 Total Existing 0 New Jobs Full-time 0 189 45 45 45 Part-time 0 0 30 30 30 Total Existing 0 189 75 75 75 Gross Payroll Existing Payroll (in millions) Full-time 0 Part-time 0 Total Existing 0 New Payroll (in millions) Full-time $4,921,875 $9,843,750 $2,110,500 $2,110,500 $2,110,500 Part-time $658,000 $658,000 $658,000 Total New $4,821,875 $9,843,750 $2,769,000 $2,769,000 $2,769,000 Average Wage/Year $62,500 $62,500 *Salary ranges vary dramatically depending on job classification and full or part time. Full time professional staff average approximately $90,000, middle -skilled workers average $48,000, and service workers earn about 29,000. 5 Valid through 12/31/2018 Will Benefits be available to all full time employees? Yes ® No ❑ If yes, please describe: Le Meridian employees receive medical, dental, 401K, free meals, vacation and paid holidays. 4.4 Indicate the project impact on the following job classifications: Number of Avg. Annual Number of Number of Full-Time Jobs Salary Positions Positions Created Retained Officials and $90,000 5 Managers Professionals $123,000 5 Technicians $50,000 4 Sales Office and $26,675 20 Clerical Craft Worker $24,500 8 (skilled) Operators (semi-skilled) Labors (unskilled) Service Workers $29,000 4 Totals: $343,175 46 4.5 Describe the benefits package to be offered to employees: Le Meridian employees receive medical, dental, 401K, free meals, vacation and paid holidays. 4.6 Describe the investment in training/education that will be made for jobs created: Del Mar Junior College offers degree and certificate programs in Culinary Arts, Baking/Pastry Specialization and Hospitality Management. Le Meridien is ideally located to work with the college to provide employment opportunities for graduates. Internship opportunities will also be available to Del Mar students. In addition, hotel management will provide intensive on-the-job training for staff. 6 Valid through 12/31/2018 SECTION V — OTHER PROJECT INFORMATION 5.1 Has the company or any of its affiliates been cited, currently under investigation, or have litigation pending for any violations of Federal, State, or Local laws, codes or ordinances: Yes ❑ No If yes, indicate the nature/status of violation(s): 5.2 Is any interest in the proposed project presently held by a member of the Corpus Christi City Council or other City official or employee: Yes ❑ No If yes, please indicate person: Valid through 12/31/2018 APPLICATION ATTACHMENTS The following information supports various application sections and is needed to fully evaluate the company for incentives. Applications will not be considered until all the required information is received: SECTION I — APPLICANT INFORMATION AND BUSINESS DESCRIPTION 1. Provide information regarding the applicant company's description, including corporate structure, the last three annual financial statements, and organization chart identifying affiliates and subsidiaries, if any. Improvement Network Development Partners (INDP) is a real estate development firm based in San Francisco, California with projects located throughout the United States. INDP is committed to innovative design, creative financing, intelligent development, and high-quality construction. INDP principals have a combined 60 plus years of experience in development, acquisitions, and real estate capital markets. INDP provides pre-development services, financing and project timing, team assembly, project management and construction management. INDP is a limited liability company. The last three years financial statements don't exist for the buyer as it is a newly formed Special Purpose entity. See organizational charts at end of application. SECTION II — PROJECT DESCRIPTION 2. Indicate property description and attach a map showing the location of the existing and proposed improvements and the legal description. Le Meridien is an adaptive historic multi-use redevelopment project of the Historic Nueces County Courthouse. Le Meridien will be a 206-room full-service hotel including a two-story restaurant, a junior ballroom and several meeting rooms. This renovation project will contribute to local initiatives in Corpus Christi including new public policy supporting downtown revitalization, the Harbor Bridge removal and relocation, and new state tax incentives for historic rehabilitation. The renovation of the old Nieces County Courthouse will also support the local efforts to revitalize downtown Corpus Christi in alignment with the Main Street City and Town Square initiatives. Site plans for this project are included at the end of the application. SECTION III — OTHER PROJECT INFORMATION 1 . Provide an assessment of the proposed project's environmental impact, and any remediation and/or compliance plan associated with the project, which 8 Valid through 12/31/2018 would have the effect of minimizing the negative impact of the project on the environment. Upon a thorough inspection, asbestos was detected in various products throughout the Historic Nueces County Courthouse. Appropriate abatement procedures will be used to remediate the hazards. 2. Please describe any other State or Federal incentives you are applying for with regard to this project: This project will draw on state and federal tax incentives, a Texas Historic Courthouse Preservation Project grant, Tax Credit Bridge Financing and an allocation from Nueces County for clean-up. 3. Include a letter of authorization for signing authority for the person signing this application. See below 9 Valid through 12/31/2018 Nueces County Courthouse Development Partners,LLC Organizational Structure Partners, ProjectLLC ` BeE(3)(4) Institutional Equity ManaLyer and Member Member To ■ �, 1 INDPCapitalProject ` e and I Member Provider Member F-Tovnship Capita7l e 10 Valid through 12/31/2018 8I OZ/ T £/ZI not PRIEA 11111 DEVELOPMENT PARTN ERS Nueces County Courthouse Development Partners, LLC Organization Chart oodman 1116"— Stephen L. G Owner, Managing Director Anthony DeRusso Director of Project Development Pete Wiskeman Hotel Brand Relations Jonathan Hall Capital Markets Sandvick Architects Robert Vilkas CBO, Senior Architect Coon Restoration and Sealants Construction Management Jim McCue Lead Manager N 8102/I£/ZI112110PIPA -02016-SANDSALVK ARCHITECT$JP1C7--.� Ilk/ SANDVICK ARCHITECTS 1265 WEST SIXTH STREET CLEVELAND, OHIO 44112 PHONE: (21 61 621-8055 FAX: (216) 687-1814 Mesquite St. HISTORIC NUECES COUNTY COURTHOUSE Corpus Christi, Texas scale: 1" = 40' 8i0Z/i£/ZI Ono PIPA I, main hotel Mesquite St. Hotel Parking: 245 spaces Apartment Parking: 54 spaces Total Parking: 299 spaces ® 2016 SANDVICK ARCHITECTS INC. � 1 N. Chaparral St. 111116. C SANDV[CK ARCHITECTS 1265 WEST SIXTH STREET CLEVELNVD, OHIO 94119 PHONE: (216) 621$8055 FAX: 1216) 667-1614 HISTORIC NUECES COUNTY COURTHOUSE Corpus Christi, Texas scale: 1" = 80' 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 Meeting Date Agenda Category Le istar ID May 8, 2018 Ordinance 18-0498 May 15, 2018 Agenda Title: Land Exchange Agreement— Rodd Field Road Expansion Project (Bond 2014, Proposition 2) PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute land exchange agreement o With "Owners": ■ The Nuss Family Partnership, Ltd. ■ GSC Holdings, Ltd. ■ Wayne Lundquist, Jr. o For conveyance to City of their interest in ■ 1.2969 acre parcel of land ■ At intersection of Yorktown Boulevard and Rodd Field Road o For conveyance to Owners and abandonment by City of ■ Its interest in 1.939 acre tract (Airline Extension) ■ Between Yorktown Boulevard and Rodd Field Road SUMMARY ➢ Required for Bond 2014, Proposition 2 Rodd Field Road Expansion Project ➢ Currently insufficient right-of-way at Rodd Field Road /Yorktown Boulevard intersection ➢ Acquisition of additional right-of-way required ➢ Land exchange agreement negotiated o City's easement rights ■ 1.939 acres of Airline Road (Rodd Field to Yorktown) o Owners' property ■ 1.2969 acres at Yorktown Boulevard and Rodd Field Road o Properties appraised atequal value - $530,000 each PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Additional $2,500 closing cost required (City) ALTERNATIVES ➢ Authorize execution of agreement SUPPORTING DOCUMENTS ➢ Item Details ➢ Presentation ➢ Agreement ➢ Location Map ➢ Vicinity Map ➢ Ordinance FUTURE ACTIONS ➢ None Project No.E15112 SG/CJ Rev.0—04/23/18 Item Details Legistar# 18-0498 Land Exchange Agreement — Rodd Field Road Expansion Project (Bond 2014, Proposition 2) Council Meeting Dates: Item Being Considered: Future Item — May 8, 2018 Ordinance Action Item — May 15, 2018 RECOMMENDATION: Authorization to execute a land exchange agreement between the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") and the City of Corpus Christi, Texas ("City") which calls for Owners to convey their interest in a 1.2969 acre parcel of land at the intersection of Yorktown Boulevard at Rodd Field Road to the City and for the City to convey and abandon its interest in a 1.939 acre tract known as Airline Extension between Yorktown Boulevard and Rodd Field Road, Corpus Christi, Texas. SUMMARY: The Bond 2014, Proposition 2 Rodd Field Road Expansion Project(Project)addresses capacity and road improvements from Saratoga Boulevard to Yorktown Boulevard. The intersection of Rodd Field Road at Yorktown Boulevard is a critical part of the overall Project. This end of the project has an area that is unimproved and has insufficient right-of-way to accommodate the designed multi-lane, signalized intersection that includes new curb and gutters, sidewalks, ADA ramps, medians, signage and pavement markings. The designed intersection improvements require acquisition of right-of-way within the areas shown on the attached Vicinity map, marked as Parcels 1 and 2. These two parcels of right-of-way will provide a total width of 130 feet on Rodd Field Road at this intersection. Parcel 2 will be needed to re-align and shift the present Rodd Field Road for a future southward extension of Rodd Field Road. Parcel 1, located at the northwest corner of the intersection, contains a 5-foot wide strip of land that is .0917-acres in size. This parcel was successfully acquired from Del Mar College in March 2018. Parcel 2 (THIS ITEM) is located at the northeast corner and entails 1.29697-acres of land. This parcel will be acquired from the 9.8-acre triangular shaped tract owned by Nuss Family Partnership Ltd., GSC Holdings Ltd., and Wayne Lundquist, Jr. The City has easement rights to 1.939-acres of Airline Road which runs diagonally from Rodd Field Road to Yorktown Boulevard as shown highlighted in orange on the attached Vicinity Map. This property was under the City's consideration for either abandonment or for use as a bypass road to be constructed as part of the intersection project. City staff determined it would be in the best interest of the City and the landowners to exchange the Airline Road easement rights for the Parcel 2 right-of-way. City staff obtained a real estate appraisal report for the fee simple rights to both the 1.29697-acres (Parcel 2) and the 1.939-acre Airline Road easement. Both tracts of land have been appraised at equal market values of$530,000 each. City staff negotiated an exchange of property rights with the landowners. The attached Agreement has been executed by the landowners and contains all the terms of the exchange. Closing costs estimated at $2,500.00 will also be needed for the City's share. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No.E15112 1 SG/CJ Rev.0—04/23/18 Ordinance approving a land exchange agreement between the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") and the City of Corpus Christi, Texas ("City") which calls for Owners to convey their interest in a 1.2969 acre parcel of land at the intersection of Yorktown Boulevard at Rodd Field Road to the City and for the City to convey and abandon its interest in a 1.939 acre tract known as Airline Extension between Yorktown Boulevard and Rodd Field Road, Corpus Christi, Texas. WHEREAS, the City plans to construct a new and larger intersection for Rodd Field Road at Yorktown Boulevard inside the city limits of Corpus Christi, Texas; and WHEREAS, the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") hold title to a 1.2969 acre tract of land at the intersection of Rodd Field Road and Yorktown Boulevard, Corpus Christi, Texas as more particularly described in the Land Exchange Agreement attached hereto as Exhibit "A," and WHEREAS, the City owns or holds a prescriptive easement in a 1 .939 acre tract of land known as Airline Extension as further described in the Land Exchange Agreement attached hereto and incorporated herein as Exhibit "A," and WHEREAS, the Owners have agreed to convey their interest in the 1.2969 acre tract of land to the City in exchange for the City's conveyance of its interest in the 1 .939 acre tract of land as further described in the Agreement attached hereto as Exhibit "A." WHEREAS, upon completion of construction of the new intersection at Rodd Field Road and Yorktown Boulevard, the City will abandon the Airline Extension roadway in accordance with Section 49-12 of the City Code of Ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Land Exchange Agreement attached hereto and incorporated herein as Exhibit "A" is approved and the City Manager or designee is hereby authorized to execute the Agreement on behalf of the City of Corpus Christi. SECTION 2. That City is authorized to pay up to $2,500.00 in closing costs for the land swap as described in the attached Exhibit "A." SECTION 3. The City Manager or designee is further authorized to execute a Quit Claim Deed to Owner for the 1.939 acre parcel described as Airline Extension. Page 1 of 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 AGREEMENT This is an agreement by and between NUSS FAMILY PARTNERSHIP, LTD., GSC HOLDINGS, LTD. and WAYNE LUNDQUIST, 1R. ("'Owners") and THE CITY OF CORPUS CHRISTI, TEXAS ("City"). RECITALS The Owners, in undivided interests, are the owners of that 9.800 -acre tract of land described on Exhibit A (the "Property"). The City maintains two roadway easements in that 1939-acre portion of the Property described on Exhibit B (the "Airline Extension"). The City is constructing a new intersection for Rodd Field Road and Yorktown Boulevard (the "Intersection Project"). Construction of the Intersection Project will require the City to acquire that 1.2969-acre portion of the Property described on Exhibit C (the"Acquisition Tract"). The public will no longer use, and the City will no longer have any use for, the Airline Extension area after completion of the Intersection Project. AGREEMENT In consideration of the mutual representations, covenant and agreements set forth herein, the Owners and the City do hereby agree as follows: 1. The Owners agree that they will convey the surface interest in and to the Acquisition Tract to the City, subject to all restrictions and easements of record, AS-IS, in its present condition, by Special Warranty Gift Deed. The Owners agree to purchase (from a Title Company of the City's selection)an owner's policy of title insurance in a nominal amount,insuring that good title to the Acquisition Tract is being conveyed to the City. Taxes will be prorated as of the effective date of this Agreement, with any rollback taxes to be paid by the City. One-half of any closing costs (escrow fee, tax certificates, recording fees, etc.) shall be paid by each party. 2. The City agrees that it will convey all of its right, title and interest in and to the Airline Extension to the Owners by Quitclaim Deed warranting only that it maintains the easement on the public's behalf that is being conveyed. The City further warrants that it will abandon its right to use the Airline Extension in accordance with Section 49-12 of the City Code of Ordinances upon completion of the Intersection Project. The City may continue to use the Airline Extension until completion of the Intersection Project. 3. The City agrees to complete the construction of the Intersection Project with due diligence, including the installation of three driveways and deceleration lanes providing ingress and egress to the remainder of the Owners' Property as shown on the plans which are attached as Exhibit D. The City agrees to place all excess clean dirt excavated from the Intersection Project on the remainder of the Owners' Property, leveled but not compacted. 1 4. Upon completion of the Intersection Project, the City will remove and dispose of all asphalt from the Airline Extension. This Agreement shall not be binding, nor shall it be effective, until it is authorized by the City Council and signed by the City Manager as evidence of such approval. Executed in triplicate, any of which constitutes an original. Agreed to this day of 72018 OWNERS NUSS FAMILY PARTNERSHIP, LTD. By its General Partner J By: Aen _ .VSs Title: ne r THE STATE OF TEXAS § COUNTY OF NUECES § This instrum n was acknowledged before me on n7 7 . 20 1 S by r,V7 Ala V 3 , as /"� of J '&-�- LLAII s cu., ti . General Partner on behalf of Nuss Family Partnership, Ltd. JUANA JEAN BARTON ry Public in a6efor the State of Texas Notary ID 010868260 My Commission Expires ]� June 3,2021 7 GSC HOLDINGS, LTD. By its General Partner By: Title: _ WAsav,-L - ,v""'"h. JUANA JEAN BARTON THE STATE OF TEXAS § Notary ID#10868260 My Commission Expires ��a�,a+'' June 3,2021 COUNTY OF NUECES § This instrument was acknowledged before me on 3- - , 2018 by as Lof General Partner on behalf of GSC Holdings, Ltd. ry Public in and for the State of Texas [Seal] WAYNE A. LU "DQUI "T, JR. r THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on . 2018 b g � Y Wayne A. Lundquist, Jr. Notary Pub is in and for the State of Texas [Seal] 3 CITY CITY OF CORPUS CHRISTI, TEXAS Valerie H. Gray, P.E. Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ , 2018 by Valerie H. Gray, P.E. as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] ATTEST: REBECCA HUERTA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS Z3 DAY OF , 2018. FOR THE CITY ATTORNEY Jan, Whitehead, Assistant City Attorney City Legal Department 4 A 9.8005-acre tract of land, more or less, being a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41 through 43 of the Map Records,Nucces County, Texas and being a portion of that land deeded to Karen Ann Smith et al, described as Exhibit "B" in Document #1999015842, Oficial Public Records, Nueces County, Texas, said 9.8005-acre tract, more or less, being more particularly described by metes and bounds as follows: BEGINNING at a PK nail set in the centerline intersection of Yorktown Road (80' ROW)and the platted extension of Rodd Field Road (40' ROW) for the original southwest corner of said Lot 16 and the southwest corner of this tract; THENCE, N-29000'00"-E, along the centerline of said Rodd Field Road extension, a distance of 344.34' to a 518" steel rod set in the east right-of-way of the exlsting Rodd Field Road (120' ROW) for an exterior corner in the west line of this tract and the point of curvature for a curve to the left from which the radius bears N-35051'04"-W, 632.96',said curve having a central angle of 25108'56"and a tangent of 141.19'; THENCE, along said curve and right-of-way, at 51.60' pass a 518" steel rod set for the east right-of-way of said Rodd Field Road extension, in all an arc length of 277.82' to a 518"steel rod set for the point of tangency, THENCE, N-29°00'00"-E, continuing along the east right-of-way of said Rodd Field Road, in all a distance of 653.75' to a 518"steel rod for the north corner of this tract; THENCE, S-02026'06"-W, a distance of 1371.92' to a 5/8" steel rod found in the north right-of-way of Yorktown Boulevard for the upper southeast corner of this tract; THENCE, S-29000'00"-W, a distance of 40.00' to a 60d nail found in the centerline of Yorktown Boulevard for the lower southeast corner of this tract; THENCE, N-61 000'00"-W, along the centerline of Yorktown Boulevard, a distance of 673.54' to the POINT OF BEGINNING and containing 9.8005 acres of land,more or less. EXHIBIT A City p%ect 6465 City of Corpus Christi Consultant Project No,110446 Airline Road R.O.W.autof 9.8003 Acre Tract out of L-15,16,Sec 25 FB&EF&GT EXHIBIT' METES AND BOUNDS DESCRIPTION FOR A RELEASE OF RIGHT OF WAY FROM A 92005 ACRE TRACT OUT OF LOTS 15 AND 16 SECTION 25 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS PAMi,'JyL A—UNRECORDED RIGHT OF WAY OF AIRLINE ROAD Being 1.601 acres of land,more or;ess out of a 9.60005 acre tract out of Lots 35 and 16,Section 25, Flour Bluffand Encinal Farm and Garden Tract,recorded in Document 2010003983,Official Public Records,Nueoes County,Texas and this 1.601 acre tract being more fully described by metes and bounds as follows. Beginning at a point on the easterly line of said 9-8005 acre tract,N2-26-069 27.95 feet from the southeast comer of said 9.8005 acre tract; Thence N614)0-OOW 67.08 feet;, Thence NO2-26060E 101141 feet; Thence S87-33-54 30.00 feet; Thence NO2-26-06E 242-56 feet to a point on the westerly me of said 9,8005 acre tract; Thence N29-OO-OOW 67.08 feet to the north corner of said 9.8005 acre tract; Thence S02-26-06W 1343.97 feet along the easter y Ione of said 9.8005 acre tract to the point of beginning; And containing 69,760 square feet or 1.601 acres of land more or less. PARCEL B—RECORDED RIGHT OF WAY OF AIRUNE ROAD Being 0.338 aces of land,more or less out of a 9.60005 acre tract out of tots 15 and 16,Section 25, Flour Bluff and Encinal Farm and Garden Tracts,recorded in Document 2030003983,Official Public Records,Nueces County,Texas and as recorded in Volume 245,Page 272,Deed Records,Nueccs County Texas,and this 0.338 acre tract being.more fully described by metes and bounds as followr. Beginning at a point on the westerly line of said 9XW5 acre tract,529-DO-OOW 67.08 feet from the northerly comer of said 9.8005 acre tract; Thence 52-2606W 242.56 feet along the described cented.ne of Airline Road; Thence N87-33-54W 171.28 feet to a point on the westerly line of said 9.8005 acre tract; Thence N29-00.00c 2712 feet along the westerly line of said 9.8005 acre Dad to the point of beginning. And containing 14,708 square feet or 0.338 acres more or less. TOTAL RIGHT OF WAY.BEINg RELEASED— E FEET OR L939 ACRES M R 5S DF E / yt,4EstsTr�,; sly RNAL R z EXHIBIT B Wa rc L-mc f/ F Y 9 & _, ect'o-e 35.289 Acre tree cut c' Loa 9 & l0, Seat'o� 21 Fia�r B ;ff & Enc!nai Fr.-r- do crden Tracts " :14 VOL 1958, PGS. 967-970 D R.v.C.7. /r ,v N IF �b / / .%4ss •cmiiy ?ar,7ersh77 TD GySC Ha'd'ngs, LTD Wa98C S Acresuist Jr. Trcct r os,t of Lots 15 k iS. Sect:oa Four Bit' dt `ncnc' =c-m dt Gc-den DOG X20'0003983 \ Qarscl Oeve,op-nent. L_C 28.9767 Acre Trcct out of Lots 15 do 16,& Se rd2 =lour B'Jff Enc: do nci Farm Gorda Tn T \ .` DQC.#2012015834 � 1\ eA SI . o�d FAK D. A PARCEL a GEORGE RUBALCABA D .50' 300 nar +exact+ cr alfx na'wv Ii it 4f' =mom LII Iffy .QiTl.Y L1f 'R �IISaS :>i fnas Idac7rt W 1gaw r9.i.2 lY PA' VS�S i0� IaHlr fi'dciV L� >mm ! _ rla4se �:w. KR EXHIBIT Cfrr of CORPUS CffR.,Sn 6465 mr*Far*pip B TEXAS afaartrr�.nt d&gilvvlefq s.�,;=n �„'■:'"�. ••�fL 11--06-12 Doc. 120aTv ON EXHIBIT B 920 Buffalo Street t 3618876851 Corpus Christi Texas 78401 f3618a78855 WAcom TEPE r-1366 LJA ENGINEERING TBPLS 10016600 March 28, 2017 LJA Project No. C007-15025.402 EXHIBIT`A' FIELD NOTES DESCRIPTION THE STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 1.2969-acre tract for a right-of-way acquisition out of a 9.8005-acre tract of land, being a portion of Lot 16, Section 25, Flour Bluff& Encinal Farm & Garden Tracts ("F.B. & E.F. & G.T."), as recorded in Document Number 2010003983 of the Oficial Records of Nueces County, Texas; and described by metes and bounds as follows: COMMENCING at a 60d nail found in the centerline of Yorktown Boulevard and the common comer of Lots 15, 16, 17, and 18, Section 25, F.B. & E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas; THENCE N 28040'00" E. a distance of 40.00 feet to a 518" iron rod with cap found on the north right-of-way of Yorktown Boulevard for the POINT OF BEGINNING and the southeast cornet of this 1.2969-acre tract; THENCE N 61020'00"W along the existing north right-of-way of Yorktown Boulevard, a distance of 653.69 feet to a 518" iron rod with cap set at the intersection of the north right-of-way of Yorktown Boulevard and the east right-of way of Rodd Field Road for the southwest corner of this tract; THENCE N 28040'00" E along the existing east right-of-way of Rodd Field Road, a distance of 352.19 feet to a 518" iron rod with cap found at the point-of-curvature of a curve to the left, with a radius bearing of N 40051'16" W, a radius of 632.96 feet, and a central angle of 20°28'42", for an angle corner of this tract; THENCE along the existing east right-of-way of Rodd Field Road and along said curve to the left, a distance of 226.23 feet to a 518" iron rod with cap set at the point-of-tangency of the curve for an angle comer of this tract; THENCE N 28040'00" E along the existing east right-of-way of Rodd Field Road, a distance of 653.74 feet to a 518" iron rod with cap set for the northwest comer of this tract, whence a PK nail found at the common comer of Lots 8 and 9, Section 21, & Lots 1 and 16, Section 25, F.B. & E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas, bears N 28°40'00"E. a distance of 58.68 feet, thence N 61020'00"W, a distance of 60.00 feet; THENCE S 02006'06"W, a distance of 11.18 feet to a 518" iron rod with cap set to the proposed east right-of-way of Rodd Field Road for an angle corner of this tract; EXHIBIT C Exhibit'A'—1.2969-Acre Tract March 28, 2017 Page 2 of 2 THENCE S 28040'00"W along the proposed east right-of-way of Rodd Field Road, a distance of 707.37 feet to a 518" iron rod with cap set at the point-of-curvature of a curve to the left with a radius of 761.00 feet and a central angle of 10°33'29",for an angle corner of this tract; THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the left, a distance of 140.23 feet to a 518" iron rod with cap set at the point-of-tangency of the curve for an angle corner of this tract; THENCE S 18°06'31" W along the proposed east right-of-way of Rodd Field Road, distance of 108.67 to a 518" iron rod with cap set at the point-of-curvature of a curve to the right with a radius of 839.00 feet and a central angle of 10°33'29", for an angle corner of this tract; THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the right, a distance of 154.60 feet to a 518" iron rod with cap set at the point-of-tangency of the curve for an angle corner of this tract; THENCE S 28040'00"W along the proposed east right-of-way of Rodd Field Road, a distance of 51.50 feet to a 518" iron rod with cap set at the point-of-curvature of a curve to the left with a radius of 25.00 feet and a central angle of 90°00'00", for an angle corner of this tract; THENCE along said curve to the left, a distance of 39.27 feet to a 518" iron rod with cap set at the point-of-tangency of the curve on the proposed north right-of-way of Yorktown Boulevard for an angle corner of this tract; THENCE S 61020'00" E along the proposed right-of-way of Yorktown Boulevard, a distance of 519.93 feet to a 518"iron rod with cap set for an angle corner of this tract; THENCE S 02006'06" W, a distance of 37.46 feet to the POINT OF BEGINNING, containing 1.2969 acres, more or less. Bearings refer to grid north, Texas State Plane Coordinate System, South Zone, NAD83, US Survey Feet, as observed by GPS. This field notes description is accompanied by a survey map titled Exhibit 'B', dated March 28, 2017. 1, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 28th day of March, 2017. Registered Professional Lan urveyor Texas Registration No. 447 EXHIBIT C 4D In b R - 517.75• S DP4D'14' L 51 50' 10I1140 7/e• MOI 1100 MIRO 5/0• MOM ROO w/ CAP 1—1 2-677115.136.-r- 352.19 2 4000• 1261 1_50' 9 1181HX3 F 526'40'00-W 51.504 41 a, S 61'20'00" E 000'F 4606• POW 01 BOCH4010 FOUND 7/5' MOH ROO of LAP 0DNUENO040 POWr rum 500 N4& 518'06.3174 108.67 1.2969 ACRE ROW ACQUISITION 1 t OF \.@Gct '30:105;0,0- 0F0,70° ookprei SO2.O6'O6'W 37.46' ;mem TTieE a ROOD FIELD ROAD N 26'40.00- E 653.74' S 28.40'00. W 707.374 PROPERTY LYRA TABLE DUR1i 12027 (0J 101471 DL) 0014 .400 (5)C! 612.05• ata 113' 70'25112• C2 75100' 14613' 173129' CS 0370' 154110' 1733'77' C. 1 7500 17 211 j 7706"0' MUM 1 EYAMC9 REFER 10 CR10 NORTH. VEILS 041E RANT 400111001E SYSTAA. 5011114 701. 14061. 147 SURVEY 41(1, AS OBSERVED BY CPS. 2. SET 5/e 44014 R00 AT ALL CORNERS., 011157 4401117 011400170 11.5 SURVEY 17 0X0010406 CT A FOLD NOTES OF:CA1PrpN DE TIM 1FALT. TRIM 711201 'A'. DAILO 144004 2A, 7047 13.1:15:". of 5 • O�L�05- , tetscol ,1E1 1451'700014 5040• 071140'001 5e 115• 41$01 1. MARCO. JR REDSW410 PROE113474AL LAIC SUI02OR. 00 RE RIOT CER1e7 OUT 1116 00001444 WAS PREPARED (0011 RE&EYS WOE ON TIRE CROIMO 111400 PET 5179R71000. NC MAT SM 1101.4 4RT RAWLY IS CORRECT 10 111E K57 r 447 INOV11EOQ, 116 INE 2044. d111 of' 14A00T, 2017 ALBERT E. FRANCO. R.P15. 11715 RECISTRADON IO 4471 FOUND PR 104 502.06406-W 11.18' QC=\r'\OG Cal EXHIBIT 1.2969 ACRE R.O.W. ACQUISITION LJA EnuineerIng, Inc. 114 120 Btrffeb street Poole 301.057105 Corpus CMV. Tens 70101 Fax 301107.105 TOPE FiR2Re1L r t.13a0_ TBPLS Fim Roo.1100+5OO r I , I I r I 1 I I I ' ccs _ poop r I - I - 1 I I I I 1 79 �f I t 1 , • I ? -- --- + --——— ————— ----------- ------ ------- ------- ---�-- f ----- —�t - ----- -- --- - EXHIBIT D Ar Corpus Chr sti Engineering Rodd Field & Yorktown Intersection Property Exchange Agreement (Bond 2014, Proposition 2) qwAgwCity Council Presentation - May 8, 2018 Location Map Engineering coaaus cxmsn 8 N SCALE:NTS. WRPU$CHRI"W a qp � 050&4Y Q un sn P PROJECT LOCATION 61 g 0 ucuao t1i'l Vicinity Mapi Corpus Chr'sti Engineering PROJECT SITE s�u.rs Parcell Del Mar Colle e �a 0 y�r a d> Airline Road arce _ (Easement) Nuss Family 1.94 Acres // 1.29 Acres 4.4 Rodd Field Road-Future Extension 3 Property Exchange Agreement a Enqinccrinq Parties involve City and Nuss Family Partnership, et al (NFP) City to exchange 1.94-acres of road easement (Airline Road) for fee simple land rights to Parcel 2 containing 1.297-acres. Both parcels appraised and are of equal value, $530K. Parcel 2 needed to align future road extension of Rodd Field Road. City to vacate and abandon Airline Road section. Each party to pay one-half of closing costs. City to provide NFP with 3 driveway cuts and surplus dirt removed from intersection work. Property g Exchange Agreement c:arpusc:hrsti Engmeermg • QUESTIONS ? 5 c o�'Rr pOR A I SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI I Qom � LEOPARD a z 44 gq o <pWiti 286 H R MO 358 ORGP 0 9l O Z O CORPUS CHRISTI BAY 5J\� 3Q ti T s�A U�O�Gi S p r O 00 TEXAS A&M UNIVERSITY O� y0<<Y CORPUS CHRISTI ra �Q 358 oZZ McARp<F o CABANISSZ OSO BAY CORP Gj FIELD � Q NAVAL Qv O �Q v PROJECT LOCATION 358 286 °`1' �QO W �4 Q z J np� � <" a O 2 �oJ °�o� 2444 °wN LOCATION MAP Project Number: E1 03��`' NOT TO SCALE Rodd Field Road and CITY COUNCIL EXHIBIT Yorktown Boulevard Intersection CITY OF CORPUS CHRISTI,TEXAS Property Exchange Agreement DEPARTMENT OF ENGINEERING SERVICES .....� SCALE: N.T.S. ' '' PRO dECT SITE Parcel 1 �a or,�to� IL - ,aa 4 p Airline Road bo- Parcel Easement - N❑m ❑❑❑ TM 1 [9❑Alir❑❑ 1 L29r AM L Rodd FieldProject E1703. Road-Future Extension VICI N ITY MAP am F. Rodd Field Road and CITY COUNCIL EXHIBIT Yorktown Boulevard Intersection CITY OF CORPUS CHRISTI,TEXAS Property Exchange Agreement DEPARTMENT OF ENGINEERING SERVICES 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., P.E., Director of Street Operations Meeting Date Agenda Category Le istar ID May 8, 2018 Ordinance 18-0422 May 15, 2018 Agenda Title: "Release and Relinquishment of Access Rights to Highway Facility", Deed, and "Possession and Use Agreement for Transportation Purposes" (2) — Harbor Bridge Replacement Project HBRP PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: o Authorize conveyance of City Property and access denial to TxDOT - ■ Parcel 322 • Located at 702 Martin Luther King Drive (near Coke St), 0.2076 acres • For amount of$29,494 ($26,464 + $3,000) ■ Parcel 321(AC) • Access denial at 1208 Peabody Avenue (near Noakes St) • 132.34 Linear Feet • For amount of$4,000 ($1,000 + $3,000) SUMMARY ➢ Properties not included in 2014 HBRP Contribution Agreement ➢ Parcel 322 purchase o Not required in originally approved schematic o Design changes subsequently added loop ramp o Additional right of way (ROW) now needed ■ Comprehensive Development Agreement (CDA) • Between TxDOT and Developer (Flatiron Dragados, LLC) • Developer purchase additional ROW from property owner (City) • On behalf of TxDOT ➢ Parcel 321(AC) access denial o Due to TxDOT roadway design standards ■ Requires access control off of highway onto frontage roads PRIOR COUNCIL ACTION ➢ December 16, 2014— City Council approved Ordinance authorizing execution of Contribution Agreement FINANCIAL CONSIDERATIONS ➢ None ALTERNATIVES ➢ Authorize execution of both documents SUPPORTING DOCUMENTS ➢ Item Details ➢ Ordinance ➢ Location Map ➢ Presentation ➢ Agreements (4) FUTURE ACTIONS ➢ None Project No.E15101 SM/ASG Rev.2—04/24/18 Item Details Legistar # 18-0422 Release and Relinquishment of Access Rights to Highway Facility Agreement, Deed, and Two "Possession and Use Agreement for Transportation Purposes" Agreements — Harbor Bridge Replacement Project Council Meeting Dates: Item Being Considered: Future Item — May 8, 2018 Ordinance Action Item — May 15, 2018 RECOMMENDATION: Authorize conveyance of City property to the Texas Department of Transportation (TxDOT) for Parcel 322 (0.2076 acres of Lot 1, Lot 7 and Lot 8, Block 1 of Craven Heights)for an amount of$29,494.00; and Parcel 321(AC) (access denial at 1208 Peabody Avenue) for an amount of$4,000. SUMMARY: Parcel 322 is part of the remaining portion of a parcel of land that was transferred to TxDOT in 2014 as a credit towards the City's contribution to the HBRP. It is located at 702 Martin Luther King Drive (near Coke St). The subject Parcel, 0.2076 acres or 9,045 square feet, was not contributed because it was not needed based on the schematic approved at that time. It is now needed for the project because of design changes in which loop ramps were added to the schematic. Under the terms of the Comprehensive Development Agreement (CDA) between TxDOT and the Developer, after the original schematic was approved, the Developer (Flatiron Dragados, LLC) is required to purchase directly from the owner on behalf of TxDOT, properties needed for additional right of way. The City has accepted an appraised value of$26,494.00 for the subject property. A transfer of Deed and execution of a "Possession and Use Agreement for Transportation Purposes" for a consideration of$3,000 are required for this Parcel. (Total $29,494) Parcel 321(AC) is a small triangle of park land at the intersection of Peabody Avenue and Noakes St. Approximately 132.34 linear feet of the triangle along the new frontage road is adjacent to a new IH-37 exit ramp. TxDOT roadway design standards require access control off of highways onto frontage roads and the City must relinquish access rights to that section. Execution of a "Release and Relinquishment of Access Rights to Highway Facility" for a consideration of $1,000; and a "Possession and Use Agreement for Transportation Purposes with Additional Payment of Independent Consideration" for a consideration of$3,000 with TxDOT. (Total $4,000) PREVIOUS COUNCIL / BOARD ACTIONS: December 16, 2014—Council approved Ordinance authorizing execution of Contribution Agreement with TxDOT for Harbor Bridge Replacement Project for certain properties. Project No. E15101 1 SM/ASG Rev. 1—04/24/18 2 v SCALE: N.T.S. AERIAL FLOWN 04-26-05 Q �O.q�Fs PROPOSED ACCESS DENIAL PARCEL - 321(AC) �, 2 132.34 FT AO C� 321 v MARTIN LUTHER KING IH-37 O o o'o 7ame 218. N SCALE: N.T.S. PROPOSED ACQUISITION �j AERIAL FLOWN 04-26-05 PARCEL - 322 9045 SF .2076 ACRE Gp`�� WINNEBAGO w Q 322 Z J w 0 > 0-1 W m J U LEGEND MARTIN LUTHER KING ® PROPOSED ACQUISITION ACCESS DENIAL NORTH IH-37 a PREVIOUS CONVEYED IN CONTRIBUTION AGREEMENT DECEMBER 2014 NEW HARBOR BRIDGE ACCESS DENIAL - PARCEL 321 (AC) CITY COUNCIL EXHIBIT NEW HARBOR BRIDGE ACQUISITION - PARCEL 322 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS LOCATION MAP - PAGE: 2 OF 2 � Corpus Chr sti Engineering Harbor Bridge Replacement Project Parcel 322 & Parcel 321(AC) Council Presentation May 8, 2018 Project Locations Corpus*Ch,sti Engineering PROPOSED ACQUI51-PION I .11 o xsi — 9056 SF.30]6 HXi nE5 F 'N�I PROPOSED ACCESS DENIAL PPRta-321(AC) �CJl KU 133 J1 R / 2 wwm � NA- orec l'V 2 Project Vicinities OL Corpus*Ch,sti Engineering it N SCALE.VI.S. PROPOSED ACCESS DENIAL — PARCEL-32L(AC) 2 JI 131.34 7 h� MARTIN LUTHER KING IH-37 r, N SCALE.VIS. ;7c-)777 AEFNL FL- PA L-OA-26-Ou `4 — .._,, LEGEND MARTIN LUTHER KING ®�Zl.eo zlc�ussav �NFNIAI NORTH IH-37 ®PRNIO11 co1VEYEo N CONTiICO110V (- Project Scope C* "�;7 Corpus Ch,sti Engineering ➢ Parcel 322 • Located at 702 Martin Luther King Drive (near Coke St) • Approximately 0.2076 acres (9,045 square feet) • Harbor Bride design changes (loop ramps) required additional ROW • Total $29,494 ➢ Parcel 321(AC) • Located along Martin Luther King Dr. @ Peabody Avenue & Noakes • Approximately 132.34 linear feet adjacent to IH-37 exit ramp • TxDOT roadway design standards ✓ Requires access control off of highway onto frontage road • Total $4,000 Ordinance authorizing conveyance of City property to Texas Department of Transportation for the following parcels: Parcel 322 — 0.2076 acres of Lot 1, Lot 7 and Lot 8, Block 1 of Craven Heights - $29,494.00 Parcel 321(AC) — access denial at 1208 Peabody Avenue - $4,000 Whereas, Texas Transportation Code Section 203.055 provides that upon the request of Texas Department of Transportation (TXDOT), a political subdivision is authorized to convey property that may be necessary or appropriate to accomplish TXDOT's purposes; and Whereas, TXDOT is acquiring property in conjunction with the US 181 Harbor Bridge Replacement Project. 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 Deed to convey to TXDOT 0.2076 acres of Lot 1, Lot 7 and Lot 8, Block 1 of Craven Heights (Parcel 322) in exchange for $26,494. SECTION 2. The City Manager of designee is authorized to execute a Release and Relinquishment of Access Rights to Highway Facility to release access rights to 132.34 linear feet of right of way located at 1208 Peabody Avenue (Parcel 321(AC)) in exchange for $1 ,000. SECTION 3. The City Manager or designee is authorized to execute two Possession and Use Agreements for Transportation Purposes with Additional Payment of Independent Consideration valued at $3,000 each for a total of $6,000. SECTION 4. The City Manager or designee is authorized to execute all closing instruments and other documents in furtherance of the conveyance of Parcels 322 and 321(AC) to TXDOT. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. A Form ROW-N-13 (Rev.06/12) Page 1 of 3 RELEASE AND RELINQUISHMENT OF ACCESS RIGHTS TO HIGHWAY FACILITY STATE OF TEXAS § ROW CSJ: 0101-06-109 COUNTY OF NUECES § WHEREAS,the Texas Transportation Commission has been authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary and convenient to a state highway or turnpike project to be constructed,reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project, and including the acquisition of such other property rights deemed necessary for the purposes of operating a designated state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non-controlled access facilities, as well as facilitating the construction, maintenance and operation of designated controlled access highways and turnpike projects; and WHEREAS,the undersigned are the owners of all that certain tract,piece and parcel of land known and described in Exhibit"A" which is attached hereto and incorporated herein for any and all purposes; and WHEREAS, said land which is described in said Exhibit "A" being adjacent to and abutting upon the North side(s) of an existing public way known and designated as Interstate Highway 37; and WHEREAS,it has been deemed necessary by the Texas Transportation Commission to secure a release and relinquishment of all or a portion of the owners' abutter's rights of ingress and egress and the right of direct access to and from the said tract described in said Exhibit"A" to said Highway; NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That, City of Corpus Christi, a Texas Municipal Corporation of the County of Nueces, State of Texas, hereinafter referred to as Owners, whether one or more, for and in consideration of the sum of One Thousand and NO/100 Dollars ($1,000.00) and other good and valuable consideration in hand paid by the State of Texas, acting herein by and through the Texas Transportation Commission,the receipt of which is hereby acknowledged,have waived, released and relinquished and by these presents do waive, release and relinquish forever unto the State of Texas all of Owners' abutter's rights which have accrued or might otherwise accrue to Owners,their heirs, successors and assigns, including rights of ingress and egress and the right of direct access to and from the said tract of * N1 3* Form ROW-N-13 (Rev.06/12) Page 2 of 2 land which is described in said Exhibit"A" to said Highway along the right of way line(s) of said highway between those points, as more specifically described in Exhibit "B" attached hereto and incorporated herein for any and all purposes. IN WITNESS WHEREOF,this instrument is executed on this the day of 12018. GRANTOR: City of Corpus Christi,a Texas Municipal Corporation BY: Valerie H.Gray,P.E. Executive Director of Public Works Corporate Acknowledgment State of Texas County of Nueces This instrument was acknowledged before me on 12018,by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, Texas, a Texas municipal corporation,on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM, THIS DAY OF , 2018. FOR THE CITY ATTORNEY By: Assistant City Attorney CITY LEGAL DEPARTMENT EXHIBIT "A" A tract of land, situated in the Enriquez Villareal Survey, Abstract Number 1,Nueces County, Texas,being Lot 1, Block 40 of the Hillcrest Addition as described in a document for the City of Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces County, Texas (O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume 62, Pages 175,Map Records,Nueces County, Texas (M.R.N.C.T.), dated February 21, 2003. EXHIBIT"S' County: Nueces Page 1 of 3 Highway: US 181 Dated: July 10,2017 RCSJ: 0101-06-109 Revised:August 4, 2017 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 321(AC) Being a description of an "Access Denial Line" delineating an access of denial to the transportation facility from the abutting property along the common boundary of Interstate Highway 37 to a portion of a tract of land, situated in the Enriquez Villareal Survey, Abstract Number 1, Nueces County, Texas, being Lot 1, Block 40 of the Hillcrest Addition as described in a document for the City of Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces County, Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume 62, Pages 175, Map Records, Nueces County, Texas (M.R.N.C.T.), dated February 21, 2003. Metes and bounds description of said "Access Denial Lane" is as follows: BEGINNING at a 5/8 inch diameter iron rod with 2 inch aluminum cap stamped"Access Denial Point" set on the South line of said City of Corpus Christi tract, also being on the existing North right-of-way of Interstate Highway 37 (variable width right-of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped "Access Denial Point" being 210.01 feet right of Engineer's Baseline Station 53+93.70, and having State Plane Coordinates of N=17,180,665.09, E=1,334,196.31, from which a TxDOT TY II concrete monument found bears South 89 deg. 21 min. 28 sec. East, a distance of 77.51 feet for the Southeast corner of said City of Corpus Christi tract also being at the intersection of the existing South right-of-way of Noakes Street (50 foot right-of-way) and the existing North right-of-way of Interstate Highway 37 (variable width right- of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped "Access Denial Point" being the East end of said"Access Denial Line"; (1) THENCE, North 89 deg. 21 min. 28 sec. West, along said "Access Denial Line", the existing North right-of-way line of Interstate Highway 37 and the South line of said City of Corpus Christi tract a distance of 132.34 feet to a TxDOT Type II concrete monument found for the West end of this "Access Denial Line", said monument being 210.09 feet right of the Engineer's Baseline Station 55+26.04, and having State Plane Coordinates of N=17,180,666.57, E=1,334,063.98. The total length of the herein described "Access Denial Line"being 132.34 feet. EXHIBIT County: Nueces Page 2 of 3 Highway: US 181 Dated:July 10,2017 RCSJ: 0101-06-109 Revised: August 4, 2017 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 321(AC) All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet. Access is prohibited across the "Access Denial Line" to the transportation facility from the adjacent property, in areas where access if not specifically denied as shown or described hereon access may be permitted in accordance with Access Management Manual guidelines. A parcel plat of even date was prepared in conjunction with this property description. This survey was performed on the ground under my supervision during February, 2017. T 522 �w® Z4 �—~— Aenme L. Galvan Registered Professional Land Surveyor 9-4®(Y7 License No. 5229, State of Texas CivilCorp, LLC -4611 E.Airline Suite#300,Victoria, Texas 77904 361-570-7500 Texas Firm Registration No. 100576-00 REF. CNR. PARCEL 321 (AC) FOUND TxOOT TYPE II MONUMENT , PARCEL 321 (AC) BEGIN A.O.L. STA. 53.93.70 OFF. 210. 01 ' RT N=17,180, 665, 09 Ez1,334,196.31 INTERSTATE HIGHWAY .37 (VARIABLE WIDTH R.O.W.) aw L5&3 4. A.D.L. CITY OF CORPUS CHRIST! DOC. NO. 2003035790 O.P.R.N.C.T. HILLCREST ADDITIO LOT I BLOCK 90 VOL. t2. PG. 175 M.R.N.C.T. END 40, P 43' ,1/4- A' , <'07 4'0‘>. .. 9 4/ ,S,Y4Y 4. \ CHURCH OF CHRIST. AYERS AT LAWNVMA CORPUS CHRISTI. TEXAS VOL. 1119. PG. 442 c'07 D.R.N.C.T. . /2 SCALE( • 1 • 60' 0' 15' 30' 60' GRAPHIC SCALE IN FEET STA. 55'26.04 OFF. 210. 09' RT N•17, 180, 666. 57 E•1, 334, 063. 98 exisr. R.O.W. LOT 7 ‹.0)1, '4. • . V 9 0 HILLCREST ADDITION BLOCK 21 VOL. 3. PG. 30 M.R.N.C.T. po INC MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY THOOT, ENRIQUEZ VILLAREAL ABSTRACT I r4lcivilcor LEGEND C3 FOUND TxDOT TYPE II MONuMENT SET TxOOT TYPE II MONUMENT 0 FOUND 5/8' IRON ROD WITH PLASTIC CAP STAMPED ' COS/MUERY S.A. TX.' 40 FOUND 5/8' IRON ROO WITH ALUMINUM CAP STAMPED 'ACCESS DENIAL POINT' () SET 5/8' IRON ROD WITH 2' ALUMINUM CAP STAMPED "PROPERTY CORNER' 0 SET 5/8' IRON ROD WITH 2' ALUMINuM CAP STAMPED ' ACCESS DENIAL POINT' 0 FOUND 5/8' IRON ROD WITH 3' ALUMINUM TXDOT CAP A SET SIB' IRON ROD WITH 3' ALuMINUM TXDOT CAP • FOUND 1/2' IRON ROD WITH OMB CAP (UNLESS OTHERWISE NOTED? REF. CNR, REFERENCE CORNER P.O.B. POINT OF BEGINNING P.O.C. POINT Of COMMENCING D. R. N. C. T. DEED RECORDS NUECES COUNTY, TEXAS O.R.N.C.T. OFF ICAL RECORDS NUECES COUNTY, TEXAS O.P.R.N.C.T. OFFICAL PUBLIC RECORDS NUECES COUNTY, TEXAS D.T.R.N.C.T. DEED OF TRUST RECORDS NUECES COMET, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS •444•441. ACCESS DENIAL LINE (A.D.L.1 PROPOSED ALIGNMENT SURVEY LINE EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY NOTES) mmm.m.mmm 1. UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS. 2. ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (4205), HAD 1983 (931. DUE TO THE comma) SURFACE ADJUSTMENT FACTOR OF 1.00000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL. ALL DISTANCES ARE BASED ON (US SURVEY FEETI. 3. ACCESS IS PROHIBITED ACROSS THE 'ACCESS DENIAL LINE' TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PROPERTY, IN AREAS WHERE ACCESS IS NOT SPECIFICALLY DENIED AS SHOWN OR DESCRIBED HEREON ACCESS MAY BE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. 4. A PROPERTY DESCRIPTION OF EVEN DATE WAS PREPEARED IN CONJUNCTION WITH THIS PARCEL PLAT. norTEMSferattiT iDalinkarti10079400 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY FiEp.SW THE T IME,OF- TH .'SURVEYK.f FEBRUARY 2017. NTS THE FACTS FOUND AT L:rx. ENNIE L. GALVAN RPLSR5229 Oxon lexOS LWOW Mem' of Frowortoridam DISTRICT( 16 CORPUS CHRISTI RCA C. S. J. 0101-05-101 004107. C. 5. J. 010145.048 SURVEY PLAT OF PARCEL 321 CAC/ COUNTY NUECES US 181 -HARBOR BRIDGE HWY. NO. US 181 ROW TAXING 0.0000 ACRES (0,000 SF PAGE 3 OF 3 Form ROW-N-PUAIC (Rev.04/17) Texas Page 1 of 5 Department of i'ransportation POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION STATE OF TEXAS § ROW CSJ: 0101-06-109 § Parcel No.: 321(AC) COUNTY OF NUECES § Project No.: HP:X597(1) This Possession and Use Agreement For Transportation Purposes (the"Agreement")between the State of Texas, acting by and through the Texas Department of Transportation (the "State"), and City of Corpus Christi, a Texas Municipal Corporation (the "Grantor" whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing a portion of US 181 (the "Highway Construction Project"). The property subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A" and "Exhibit B") and made a part of this Agreement by reference (the "Property"). 1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of Texas the right of entry and exclusive possession and use of the Property for the purpose of constructing a highway and appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Highway Construction Project. This Possession and Use Agreement will extend to the State, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the State in the future, and all others deemed necessary by the State for the purpose of the Highway Construction Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the State will tender to the Grantor the sum of Zero Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The State will be entitled to take possession and use of the Property upon tender of payment. The parties agree that the sum tendered represents 0 percent of the State's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the State's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the State in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the State has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the State, the Grantor will Form ROW-N-PUAIC (Rev.04/17) Page 2 of 5 promptly refund the overpayment to the State. 3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and No/100 Dollars ($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree that the sum tendered under this Paragraph 3: (i) is independent consideration for the possession and use of Grantor's Property and represents no part of the State's compensation to be paid for the anticipated purchase of the Property; and (ii) will not be refunded to the State upon any acquisition of the Property by the State. 4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and 3 above was tendered to the Grantor by the State, or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the "Effective Date"). 5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances or that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 6. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the State in the Property, for negotiation or eminent domain proceeding purposes,will be the Effective Date of this Agreement. 7. This Agreement is made with the understanding that the State will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the State, encumbered with the improvements thereon,if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. There will be no project impact upon the appraised value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the State until entry of judgment. 9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project without delay and to allow the Grantor to have the use at this time of a percentage of the estimated compensation for the State's acquisition of a real property interest in the Property. The Grantor expressly acknowledges that the proposed Highway Construction Project is for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Form ROW-N-PUAIC (Rev.04/17) Page 3 of 5 Highway Construction Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the State to take and use all other minerals and materials thereon, and thereunder. 11. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property, including prorated taxes for the year in which the State takes title to the Property. 12.Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the State acquires title to the Property either by negotiation, settlement, or final courtjudgment. 13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 14. It is agreed the State will record this document. 15. Other conditions: None. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the limitations set forth above. GRANTOR: City of Corpus Christi, a Texas Municipal Corporation BY: Valerie H.Gray,P.E. Executive Director of Public Works Form ROW-N-PUAIC (Rev.04/17) Page 4 of 5 Corporate Acknowledgment State of Texas County of Nueces This instrument was acknowledged before me on 12018,by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, Texas, a Texas Municipal Corporation,on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM, THIS DAY OF 52018. FOR THE CITY ATTORNEY By: Assistant City Attorney CITY LEGAL DEPARTMENT Form ROW-N-PUAIC (Rev.04/17) Page 5 of 5 THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Gabriel Lopez,Right of Way Supervisor Date: EXHIBIT "A" A tract of land, situated in the Enriquez Villareal Survey, Abstract Number 1,Nueces County, Texas,being Lot 1, Block 40 of the Hillcrest Addition as described in a document for the City of Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces County, Texas (O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume 62, Pages 175,Map Records,Nueces County, Texas (M.R.N.C.T.), dated February 21, 2003. EXHIBIT"S' County: Nueces Page 1 of 3 Highway: US 181 Dated: July 10,2017 RCSJ: 0101-06-109 Revised:August 4, 2017 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 321(AC) Being a description of an "Access Denial Line" delineating an access of denial to the transportation facility from the abutting property along the common boundary of Interstate Highway 37 to a portion of a tract of land, situated in the Enriquez Villareal Survey, Abstract Number 1, Nueces County, Texas, being Lot 1, Block 40 of the Hillcrest Addition as described in a document for the City of Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces County, Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume 62, Pages 175, Map Records, Nueces County, Texas (M.R.N.C.T.), dated February 21, 2003. Metes and bounds description of said "Access Denial Lane" is as follows: BEGINNING at a 5/8 inch diameter iron rod with 2 inch aluminum cap stamped"Access Denial Point" set on the South line of said City of Corpus Christi tract, also being on the existing North right-of-way of Interstate Highway 37 (variable width right-of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped "Access Denial Point" being 210.01 feet right of Engineer's Baseline Station 53+93.70, and having State Plane Coordinates of N=17,180,665.09, E=1,334,196.31, from which a TxDOT TY II concrete monument found bears South 89 deg. 21 min. 28 sec. East, a distance of 77.51 feet for the Southeast corner of said City of Corpus Christi tract also being at the intersection of the existing South right-of-way of Noakes Street (50 foot right-of-way) and the existing North right-of-way of Interstate Highway 37 (variable width right- of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped "Access Denial Point" being the East end of said"Access Denial Line"; (1) THENCE, North 89 deg. 21 min. 28 sec. West, along said "Access Denial Line", the existing North right-of-way line of Interstate Highway 37 and the South line of said City of Corpus Christi tract a distance of 132.34 feet to a TxDOT Type II concrete monument found for the West end of this "Access Denial Line", said monument being 210.09 feet right of the Engineer's Baseline Station 55+26.04, and having State Plane Coordinates of N=17,180,666.57, E=1,334,063.98. The total length of the herein described "Access Denial Line"being 132.34 feet. EXHIBIT County: Nueces Page 2 of 3 Highway: US 181 Dated:July 10,2017 RCSJ: 0101-06-109 Revised: August 4, 2017 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 321(AC) All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet. Access is prohibited across the "Access Denial Line" to the transportation facility from the adjacent property, in areas where access if not specifically denied as shown or described hereon access may be permitted in accordance with Access Management Manual guidelines. A parcel plat of even date was prepared in conjunction with this property description. This survey was performed on the ground under my supervision during February, 2017. T 522 �w® Z4 �—~— Aenme L. Galvan Registered Professional Land Surveyor 9-4®(Y7 License No. 5229, State of Texas CivilCorp, LLC -4611 E.Airline Suite#300,Victoria, Texas 77904 361-570-7500 Texas Firm Registration No. 100576-00 REF. CNR. PARCEL 321 (AC) FOUND TxOOT TYPE II MONUMENT , PARCEL 321 (AC) BEGIN A.O.L. STA. 53.93.70 OFF. 210. 01 ' RT N=17,180, 665, 09 Ez1,334,196.31 INTERSTATE HIGHWAY .37 (VARIABLE WIDTH R.O.W.) aw L5&3 4. A.D.L. CITY OF CORPUS CHRIST! DOC. NO. 2003035790 O.P.R.N.C.T. HILLCREST ADDITIO LOT I BLOCK 90 VOL. t2. PG. 175 M.R.N.C.T. END 40, P 43' ,1/4- A' , <'07 4'0‘>. .. 9 4/ ,S,Y4Y 4. \ CHURCH OF CHRIST. AYERS AT LAWNVMA CORPUS CHRISTI. TEXAS VOL. 1119. PG. 442 c'07 D.R.N.C.T. . /2 SCALE( • 1 • 60' 0' 15' 30' 60' GRAPHIC SCALE IN FEET STA. 55'26.04 OFF. 210. 09' RT N•17, 180, 666. 57 E•1, 334, 063. 98 exisr. R.O.W. LOT 7 ‹.0)1, '4. • . V 9 0 HILLCREST ADDITION BLOCK 21 VOL. 3. PG. 30 M.R.N.C.T. po INC MONUMENT DESCRIBED AND SET MAY BE REPLACED WITH A TxDOT TYPE II RIGHT-OF-WAY MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY THOOT, ENRIQUEZ VILLAREAL ABSTRACT I r4lcivilcor LEGEND C3 FOUND TxDOT TYPE II MONuMENT SET TxOOT TYPE II MONUMENT 0 FOUND 5/8' IRON ROD WITH PLASTIC CAP STAMPED ' COS/MUERY S.A. TX.' 40 FOUND 5/8' IRON ROO WITH ALUMINUM CAP STAMPED 'ACCESS DENIAL POINT' () SET 5/8' IRON ROD WITH 2' ALUMINUM CAP STAMPED "PROPERTY CORNER' 0 SET 5/8' IRON ROD WITH 2' ALUMINuM CAP STAMPED ' ACCESS DENIAL POINT' 0 FOUND 5/8' IRON ROD WITH 3' ALUMINUM TXDOT CAP A SET SIB' IRON ROD WITH 3' ALuMINUM TXDOT CAP • FOUND 1/2' IRON ROD WITH OMB CAP (UNLESS OTHERWISE NOTED? REF. CNR, REFERENCE CORNER P.O.B. POINT OF BEGINNING P.O.C. POINT Of COMMENCING D. R. N. C. T. DEED RECORDS NUECES COUNTY, TEXAS O.R.N.C.T. OFF ICAL RECORDS NUECES COUNTY, TEXAS O.P.R.N.C.T. OFFICAL PUBLIC RECORDS NUECES COUNTY, TEXAS D.T.R.N.C.T. DEED OF TRUST RECORDS NUECES COMET, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS •444•441. ACCESS DENIAL LINE (A.D.L.1 PROPOSED ALIGNMENT SURVEY LINE EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY NOTES) mmm.m.mmm 1. UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS. 2. ALL BEARINGS AND COORDINATES ARE BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (4205), HAD 1983 (931. DUE TO THE comma) SURFACE ADJUSTMENT FACTOR OF 1.00000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL. ALL DISTANCES ARE BASED ON (US SURVEY FEETI. 3. ACCESS IS PROHIBITED ACROSS THE 'ACCESS DENIAL LINE' TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PROPERTY, IN AREAS WHERE ACCESS IS NOT SPECIFICALLY DENIED AS SHOWN OR DESCRIBED HEREON ACCESS MAY BE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. 4. A PROPERTY DESCRIPTION OF EVEN DATE WAS PREPEARED IN CONJUNCTION WITH THIS PARCEL PLAT. norTEMSferattiT iDalinkarti10079400 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY FiEp.SW THE T IME,OF- TH .'SURVEYK.f FEBRUARY 2017. NTS THE FACTS FOUND AT L:rx. ENNIE L. GALVAN RPLSR5229 Oxon lexOS LWOW Mem' of Frowortoridam DISTRICT( 16 CORPUS CHRISTI RCA C. S. J. 0101-05-101 004107. C. 5. J. 010145.048 SURVEY PLAT OF PARCEL 321 CAC/ COUNTY NUECES US 181 -HARBOR BRIDGE HWY. NO. US 181 ROW TAXING 0.0000 ACRES (0,000 SF PAGE 3 OF 3 Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. 10 Form ROW-N-14 (Rev.07/13) Page 1 of 3 DEED TxDOT ROW CSJ: 0101-06-109 TxDOT Parcel No.: 322 Grantor(s),whether one or more: City of Corpus Christi,a Texas Municipal Corporation Grantor's Mailing Address(including county): Attn: Joe McComb,Mayor P.O.Box 9277 Corpus Christi,Texas 78469 Nueces County Grantee: The State of Texas,acting by and through the Texas Transportation Commission Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights(including requesting that counties and municipalities acquire highway right of way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the Texas Transportation Code,Chapter 203 to acquire or request to be acquired such other property rights deemed necessary or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non-controlled facilities and designated controlled access highways and turnpike projects. Grantee's Mailing Address(including county): Texas Department of Transportation 125 East 11th Street Austin,Texas 78701 Travis County * N1 4* Form ROW-N-14 (Rev.07/13) Page 2 of 3 Consideration: The sum of TWENTY-SIX THOUSAND FOUR HUNDRED NINETY-FOUR and no/100 Dollars ($26,494.00)to Grantor in hand paid by Grantee,receipt of which is hereby acknowledged,and for which no lien is retained,either expressed or implied. Property: All of that certain tract or parcel of land in Nueces County, Texas, being more particularly described in the attached Exhibit A(the"Property'). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements,restrictions,reservations,covenants,conditions,oil and gas leases,mineral severances, and encumbrances for taxes and assessments(other than liens and conveyances)presently of record in the Official Public Records of Nueces County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same;however, nothing in this reservation shall affect the title and rights of the Grantee,its successors and assigns,to take and use all other minerals and materials thereon,therein and thereunder. Grantor is retaining title to the following improvements ("Retained Improvements") located on the Property,to wit:None Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning,platting or permitting requirements. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty,grants,sells and conveys to Grantee the Property,together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Form ROW-N-14 (Rev.07113) Page 3 of 3 EXECUTED on the date(s)of acknowledgement indicated below. GRANTOR: City of Corpus Christi,a Texas Municipal Corporation BY: Valerie H.Gray,P.E. Executive Director of Public Works Corporate Acknowledgment State of Texas County of Nueces This instrument was acknowledged before me on 12018,by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, Texas, a Texas municipal corporation,on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM, THIS DAY OF , 2018. FOR THE CITY ATTORNEY By: Assistant City Attorney CITY LEGAL DEPARTMENT Nr�) EXHIBIT"A" County: Nueces Page 1 of 4 Highway: US 181 Dated:October 26,2017 RCSJ: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 Being a 0.2076 acre (9,045 square feet)parcel of land, situated in the Enriquez Villareal Survey, Abstract Number 1,Nueces County, Texas, and being a portion of Lot 1, Lot 7 and Lot 8, Block 1, of the Craven Heights, as shown by plat thereof, recorded in Volume A, Page 7 of the Map Records of Nueces County, Texas (M.R.N.C.T.), and being the remainder of that certain tract of land described in Deed from Lafayette Hatch to the City of Corpus Christi, dated December 14, 1940, as recorded in Volume 2633, Page 455 of the Deed Records of Nueces County, Texas (D.R.N.C.T.), and also being the remainder of that certain tract of land described in Deed from Rose Graven to the City of Corpus Christi, dated December 13, 1940, as recorded in Volume 263, Page 534, (D.R.N.C.T.). Metes and bounds description of said 0.2076 acre parcel is as follows: 3EZ".1E TNdN at a TxDOT "Type II" concrete monument found for the northeast comer of the herein described 0.2076 acre parcel, ,said monument being the West corner of a tract of land conveyed to the State of Texas, as recorded in Document #2016005375 of the Official Public Records of Nueces County, Texas (O.P.RN.C.T.), and being in the South line of a tract of land conveyed to the State of Texas, as recorded in Document #2017022243, (O.P.R.N.C.T.), said monument also being 344.90 feet right of Engineer's Baseline Station 1157+57.19, and having State Plane Coordinates of N=17,180,845.54, E=1,336,881.05, from which a 5/8 inch diameter iron rod with plastic cap stamped"CDS/MUREY S.A. TX",bears South 89 deg. 32 min. 38 sec. East, a distance of 163.83 feet, found for an angle point in said State of Texas tract, Document #2016005375; (1) TI-1KNIC-E, South 50 deg. 21 min. 02 sec. West, along the southeast line of said City of Corpus Christi tract and the northwest line of said State of Texas tract, Document #2016005375, a distance of 187.61 feet to a point for an angle point of the herein described 0.2076 acre parcel; 1 r� EXHIBIT"A" County: Nueces Page 2 of 4 Highway; US 181 Dated: October 26,2017 RCSJ: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 (2) T�:-ENCE, South 64 deg. 40 min. 08 sec. West, along the South line of said City of Corpus tract and the northwest line of said State of Texas tract, Document#2016005375, a distance of 3.72 feet to a point for the southwest corner of the herein described 0.2076 acre parcel, said point also being the West comer of said. State of Texas tract, Document #2016005375, and being in the in the existing East right-of-way line of Culberson Street (50 foot right-of-way), from which a 518 inch diameter iron rod with plastic cap stamped "CDSIMU1REY S.A. TX", bears South 00 deg. 43 min. 14 sec. West, a distance of 39.40 feet, found for the southwest corner of said State of Texas tract, and being at the intersection of the existing East right-of-way line of Culberson Street and the existing North right-of-way line of Interstate Highway 37 (variable width right-of-way); (3) " i NCI:,North 00 deg. 43 min. 14 sec. East, along the West line of said City of Corpus Christi tract and the existing East right-of-way line of Culberson Street, a distance of 122.48 feet a 518 inch diameter iron rod with plastic cap stamped "CDS/MUREY S.A. TX"found for the northwest comer of the herein described 0.2076 acre parcel, an being in the South line of said State of Texas tract, Document #2017022243, said iron rod also being at the intersection of the existing East right-of-way line of Culberson Street and the existing North right-of-way line of Culberson Street; (4) Tlb'5ENC, North 89 deg. 32 min. 38 sec. West, along the North line of said City of Corpus tract and the South line of said Housing Authority tract, a distance of 146.29 feet to the F 0"-N-1 C+BEGINI'i N+�, containing 0.2076 acres (9,045 square feet)of land. ST ) EXHIBIT"A" County: Nueces Page 3 of 4 Highway: US 181 Dated: October 26,2017 RCS7: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet. Access to and from the transportation facility in areas where access is not specifically denied hereon, may be permitted in accordance with Access Management Manual guidelines. A parcel plat of even date was prepared in conjunction with this property description. **The monument described and set in this call may be replaced with a TxDOT "Type II" right- of-way marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. This survey was performed on the ground under my supervision during February, 2017. Q. . GLST�q'•�+ � ,r,.r•7 d4 !{ rY v. ._.r r '�•�'.r BENNIE L. GAL VAN Bennie L. Galvan ................................ Registered Professional Land Surveyor License No. 5229, State of Texas 9tio.,s"uR�� CivilCorp,LLC -4611 E. Airline Suite##300,Victoria,Texas 77904 361-570-7500 Texas Firm Registration No. 100576-00 �lJ O._.176 f9.Q5 SQ.FT.! LOT B LOT s. I L ) ! LOT 0 IT / F NOT TO SC..LE LOT J LOT I 4050 50P4314W .39.40' 1 " EXISTM I R.O.W. r,=.RTERST*TE HIGH W : T (VARIABLE WIDTH R.O.W.) s. ' Y 1 1 N832381/t!4529' STATE OF TEXAS OM. "c"'Off19222433 0.P.R. H.C.T. THE CITY OF CORPUS CHRIST! VOL. 263. PG. 455 VOI 263. PG. 534 D R.H.C.T. CRAVEN HEIGHTS BLOCK 1 VOL. A. PG. 7 M.R.N.C.T. - r V _ _ 1 \ LOT 2 Lor LOT 7 STATE OF TEXAS DX. "2016005375 ENAIOUEZ 'VILL. RE. L A85TR,"cr 1 LOT 3 REF. CA. PARCEL 224 FOUND are IRON ROD STAPFED "GOSAJERY S.A. TX." �J SEETIZ39•E' 063.6Y .1 P. Q. B. PI.RCEL 522 STA. 1157.57,19 OFF. 344.90' RT N-1'7,180,945.54 E.1,336,881. OS LOT 4 BENNIE L. GALVAN 15• 30' GRAPHIC SCALE IC FEET NOTES' 1. 2. 3. 1. ry !Corp I.FI'LFei!� 11 FOLIAT T.DOE TYPE II f'M'.c—NT 0 SET TNOOT TYPE EI uXWoIENT o RAM SOB' I*ON ROM 'ITH PLASTIC CAP STAA?EO iDS/AJERT S.A. TX.' FO N10 S/N' IRON ROD EITR ALL'HIICI CAP STAKED "ACCESS DENIAL POINT' 0 SET 510' IRON ROD 77TH 2' ALL:►INII CAP STALED PROPERTY CORNER' ® SET SAI' IRON ROD OITH R ' ALLMINW CAP ST:4:�ED ACCESS DENIAL POINT" FGNO S/1' MOH ROM WITH 3' ALU:-I1TReI TmOT CAP © SET 5q' IRON RDD 'l: ITN 3' ALRNINEV TXDOT CAP a FDOAO 1n' IRON ROM WITH OMB CAP ILIUM OTHER;ISE 1101E01 REF. CNF. REFERENCE CORNER P.D.B. POINT OF BEGINNING P.O.C. PONY OF CC'AT3ICING 0.R.N.C.T. DECO RECORDS N IECES COUNTY, TEXAS O.R.N.G.T. OPTICAL RECORDS NUECES COUNTY. TEXAS O. r. R. IL C. T, CTFICAL PUILIC RECORDS NUECES COUNTY. TEXAS O.T.R.N.C.T. DEED OF TRUST RECORDS !NIECES COUNTY, TEXAS 11.1. N.C.T. MAP RECORDS JOJECES COUNTY, TEXAS ACCESS DENIAL LINE MALL.) — - — - PROPOSED AL111AENT SURVEY LINE EXISTING RIGHT OF LAY P ROPOSED RIGHT OF LAY r1 UTILITIES ARE SHDLN IN APPROXII'ATE LOCATIONS, ALL RE:RINOS AND COORDINATES ARE RASED ON TME TEXAS COODMIHATE SYSTDA. SOUTH ZONE 142051, N40 1103 1931. 10 000 O THE THE DISTANCES FACTOR AMID COONDINATEE VALUESS F SURFACE RICO RAID ARE EWAL. ALL DISTANCES ARE BASED ON 1US SURVEY FEET). ACCESS TO AND FRC:: THE TRANSPORTATION FACILITY IN AREAS r71ERE ACCESS IS NOT SPECIFICALLY DENIED HEREON, WV RE PER]IITTED IN ACCORDANCE LITH ACCESS NAN/.OENETDT II.:NURL GUIDELINES. A PROPERTY DESCRIPTION CS EVEN DATE EAS PREPARED IN CC:UINCTION '_:'DTH THIS PARCEL PLAT. I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY RIV9ESENTS THE FACTS FOUND AT THE TIM HE SURVEY, FEBRUARY 2017. BENNIE L. GALVAN RPLSA5229 MNT res...06 D rRw.5P of rect+Es-POtt DISTRICT) IS CORPUS CHRISTI C:1IT1.05. c. E.J. 010 SURVEY PLAT OF PARCEL 322 eaI::ITY NUECES US 181 -HARBOR BRIDGE NGT. NO. US 181 17-1$10AIWINEV o'Es'R`' iiI"dIT',�'i •IoJI A..0 101) TAEIH00.2076 P.CRLSI ,045 SO FT. )PACE +1 OF 4 The property described above relates to a"whole"property acquisition, so that there is no remainder or remaining property owned by the Grantors that was originally out of or a part of the property described above. Therefore,there are no access rights retained or remaining in Grantors,their successors and assigns,out of or relating to the property described above. Form ROW-N-PUAIC (Rev.04/17) Texas Page 1 of 5 Department of i'ransportation POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION STATE OF TEXAS § ROW CSJ: 0101-06-109 § Parcel No.: 322 COUNTY OF NUECES § Project No.: HP:X597(1) This Possession and Use Agreement For Transportation Purposes (the"Agreement")between the State of Texas, acting by and through the Texas Department of Transportation (the "State"), and City of Corpus Christi, a Texas Municipal Corporation (the "Grantor" whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing a portion of US 181 (the "Highway Construction Project"). The property subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A" ) and made a part of this Agreement by reference (the "Property"). 1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of Texas the right of entry and exclusive possession and use of the Property for the purpose of constructing a highway and appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Highway Construction Project. This Possession and Use Agreement will extend to the State, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the State in the future, and all others deemed necessary by the State for the purpose of the Highway Construction Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the State will tender to the Grantor the sum of Zero Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The State will be entitled to take possession and use of the Property upon tender of payment. The parties agree that the sum tendered represents 0 percent of the State's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the State's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the State in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the State has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the State,the Grantor will promptly refund the overpayment to the State. Form ROW-N-PUAIC (Rev.04/17) Page 2 of 5 3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and No/100 Dollars ($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree that the sum tendered under this Paragraph 3: (i) is independent consideration for the possession and use of Grantor's Property and represents no part of the State's compensation to be paid for the anticipated purchase of the Property; and (ii) will not be refunded to the State upon any acquisition of the Property by the State. 4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and 3 above was tendered to the Grantor by the State, or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the "Effective Date"). 5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances or that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 6. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the State in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 7. This Agreement is made with the understanding that the State will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the State,encumbered with the improvements thereon,if any,and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. There will be no project impact upon the appraised value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the State until entry of judgment. 9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project without delay and to allow the Grantor to have the use at this time of a percentage of the estimated compensation for the State's acquisition of a real property interest in the Property. The Grantor expressly acknowledges that the proposed Highway Construction Project is for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Highway Construction Project, based upon claims that the condemning authority has no authority to Form ROW-N-PUAIC (Rev.04/17) Page 3 of 5 acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the State to take and use all other minerals and materials thereon, and thereunder. 11. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property, including prorated taxes for the year in which the State takes title to the Property. 12. Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the State acquires title to the Property either by negotiation, settlement, or final courtjudgment. 13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 14. It is agreed the State will record this document. 15. Other conditions: None. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the limitations set forth above. GRANTOR: City of Corpus Christi, a Texas Municipal Corporation BY: Valerie H.Gray,P.E. Executive Director of Public Works Form ROW-N-PUAIC (Rev.04/17) Page 4 of 5 Corporate Acknowledgment State of Texas County of Nueces This instrument was acknowledged before me on , 2018,by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, Texas, a Texas Municipal Corporation,on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM, THIS DAY OF , 2018. FOR THE CITY ATTORNEY By: Assistant City Attorney CITY LEGAL DEPARTMENT Form ROW-N-PUAIC (Rev.04/17) Page 5 of 5 THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Gabriel Lopez,Right of Way Supervisor Date: Nr�) EXHIBIT"A" County: Nueces Page 1 of 4 Highway: US 181 Dated:October 26,2017 RCSJ: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 Being a 0.2076 acre (9,045 square feet)parcel of land, situated in the Enriquez Villareal Survey, Abstract Number 1,Nueces County, Texas, and being a portion of Lot 1, Lot 7 and Lot 8, Block 1, of the Craven Heights, as shown by plat thereof, recorded in Volume A, Page 7 of the Map Records of Nueces County, Texas (M.R.N.C.T.), and being the remainder of that certain tract of land described in Deed from Lafayette Hatch to the City of Corpus Christi, dated December 14, 1940, as recorded in Volume 2633, Page 455 of the Deed Records of Nueces County, Texas (D.R.N.C.T.), and also being the remainder of that certain tract of land described in Deed from Rose Graven to the City of Corpus Christi, dated December 13, 1940, as recorded in Volume 263, Page 534, (D.R.N.C.T.). Metes and bounds description of said 0.2076 acre parcel is as follows: 3EZ".1E TNdN at a TxDOT "Type II" concrete monument found for the northeast comer of the herein described 0.2076 acre parcel, ,said monument being the West corner of a tract of land conveyed to the State of Texas, as recorded in Document #2016005375 of the Official Public Records of Nueces County, Texas (O.P.RN.C.T.), and being in the South line of a tract of land conveyed to the State of Texas, as recorded in Document #2017022243, (O.P.R.N.C.T.), said monument also being 344.90 feet right of Engineer's Baseline Station 1157+57.19, and having State Plane Coordinates of N=17,180,845.54, E=1,336,881.05, from which a 5/8 inch diameter iron rod with plastic cap stamped"CDS/MUREY S.A. TX",bears South 89 deg. 32 min. 38 sec. East, a distance of 163.83 feet, found for an angle point in said State of Texas tract, Document #2016005375; (1) TI-1KNIC-E, South 50 deg. 21 min. 02 sec. West, along the southeast line of said City of Corpus Christi tract and the northwest line of said State of Texas tract, Document #2016005375, a distance of 187.61 feet to a point for an angle point of the herein described 0.2076 acre parcel; 1 r� EXHIBIT"A" County: Nueces Page 2 of 4 Highway; US 181 Dated: October 26,2017 RCSJ: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 (2) T�:-ENCE, South 64 deg. 40 min. 08 sec. West, along the South line of said City of Corpus tract and the northwest line of said State of Texas tract, Document#2016005375, a distance of 3.72 feet to a point for the southwest corner of the herein described 0.2076 acre parcel, said point also being the West comer of said. State of Texas tract, Document #2016005375, and being in the in the existing East right-of-way line of Culberson Street (50 foot right-of-way), from which a 518 inch diameter iron rod with plastic cap stamped "CDSIMU1REY S.A. TX", bears South 00 deg. 43 min. 14 sec. West, a distance of 39.40 feet, found for the southwest corner of said State of Texas tract, and being at the intersection of the existing East right-of-way line of Culberson Street and the existing North right-of-way line of Interstate Highway 37 (variable width right-of-way); (3) " i NCI:,North 00 deg. 43 min. 14 sec. East, along the West line of said City of Corpus Christi tract and the existing East right-of-way line of Culberson Street, a distance of 122.48 feet a 518 inch diameter iron rod with plastic cap stamped "CDS/MUREY S.A. TX"found for the northwest comer of the herein described 0.2076 acre parcel, an being in the South line of said State of Texas tract, Document #2017022243, said iron rod also being at the intersection of the existing East right-of-way line of Culberson Street and the existing North right-of-way line of Culberson Street; (4) Tlb'5ENC, North 89 deg. 32 min. 38 sec. West, along the North line of said City of Corpus tract and the South line of said Housing Authority tract, a distance of 146.29 feet to the F 0"-N-1 C+BEGINI'i N+�, containing 0.2076 acres (9,045 square feet)of land. ST ) EXHIBIT"A" County: Nueces Page 3 of 4 Highway: US 181 Dated: October 26,2017 RCS7: 0101-06-109 Project Limits: From Beach Avenue To Morgan Avenue at Crosstown Expressway Property Description for Parcel 322 All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet. Access to and from the transportation facility in areas where access is not specifically denied hereon, may be permitted in accordance with Access Management Manual guidelines. A parcel plat of even date was prepared in conjunction with this property description. **The monument described and set in this call may be replaced with a TxDOT "Type II" right- of-way marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. This survey was performed on the ground under my supervision during February, 2017. Q. . GLST�q'•�+ � ,r,.r•7 d4 !{ rY v. ._.r r '�•�'.r BENNIE L. GAL VAN Bennie L. Galvan ................................ Registered Professional Land Surveyor License No. 5229, State of Texas 9tio.,s"uR�� CivilCorp,LLC -4611 E. Airline Suite##300,Victoria,Texas 77904 361-570-7500 Texas Firm Registration No. 100576-00 �lJ O._.176 f9.Q5 SQ.FT.! LOT B LOT s. I L ) ! LOT 0 IT / F NOT TO SC..LE LOT J LOT I 4050 50P4314W .39.40' 1 " EXISTM I R.O.W. r,=.RTERST*TE HIGH W : T (VARIABLE WIDTH R.O.W.) s. ' Y 1 1 N832381/t!4529' STATE OF TEXAS OM. "c"'Off19222433 0.P.R. H.C.T. THE CITY OF CORPUS CHRIST! VOL. 263. PG. 455 VOI 263. PG. 534 D R.H.C.T. CRAVEN HEIGHTS BLOCK 1 VOL. A. PG. 7 M.R.N.C.T. - r V _ _ 1 \ LOT 2 Lor LOT 7 STATE OF TEXAS DX. "2016005375 ENAIOUEZ 'VILL. RE. L A85TR,"cr 1 LOT 3 REF. CA. PARCEL 224 FOUND are IRON ROD STAPFED "GOSAJERY S.A. TX." �J SEETIZ39•E' 063.6Y .1 P. Q. B. PI.RCEL 522 STA. 1157.57,19 OFF. 344.90' RT N-1'7,180,945.54 E.1,336,881. OS LOT 4 BENNIE L. GALVAN 15• 30' GRAPHIC SCALE IC FEET NOTES' 1. 2. 3. 1. ry !Corp I.FI'LFei!� 11 FOLIAT T.DOE TYPE II f'M'.c—NT 0 SET TNOOT TYPE EI uXWoIENT o RAM SOB' I*ON ROM 'ITH PLASTIC CAP STAA?EO iDS/AJERT S.A. TX.' FO N10 S/N' IRON ROD EITR ALL'HIICI CAP STAKED "ACCESS DENIAL POINT' 0 SET 510' IRON ROD 77TH 2' ALL:►INII CAP STALED PROPERTY CORNER' ® SET SAI' IRON ROD OITH R ' ALLMINW CAP ST:4:�ED ACCESS DENIAL POINT" FGNO S/1' MOH ROM WITH 3' ALU:-I1TReI TmOT CAP © SET 5q' IRON RDD 'l: ITN 3' ALRNINEV TXDOT CAP a FDOAO 1n' IRON ROM WITH OMB CAP ILIUM OTHER;ISE 1101E01 REF. CNF. REFERENCE CORNER P.D.B. POINT OF BEGINNING P.O.C. PONY OF CC'AT3ICING 0.R.N.C.T. DECO RECORDS N IECES COUNTY, TEXAS O.R.N.G.T. OPTICAL RECORDS NUECES COUNTY. TEXAS O. r. R. IL C. T, CTFICAL PUILIC RECORDS NUECES COUNTY. TEXAS O.T.R.N.C.T. DEED OF TRUST RECORDS !NIECES COUNTY, TEXAS 11.1. N.C.T. MAP RECORDS JOJECES COUNTY, TEXAS ACCESS DENIAL LINE MALL.) — - — - PROPOSED AL111AENT SURVEY LINE EXISTING RIGHT OF LAY P ROPOSED RIGHT OF LAY r1 UTILITIES ARE SHDLN IN APPROXII'ATE LOCATIONS, ALL RE:RINOS AND COORDINATES ARE RASED ON TME TEXAS COODMIHATE SYSTDA. SOUTH ZONE 142051, N40 1103 1931. 10 000 O THE THE DISTANCES FACTOR AMID COONDINATEE VALUESS F SURFACE RICO RAID ARE EWAL. ALL DISTANCES ARE BASED ON 1US SURVEY FEET). ACCESS TO AND FRC:: THE TRANSPORTATION FACILITY IN AREAS r71ERE ACCESS IS NOT SPECIFICALLY DENIED HEREON, WV RE PER]IITTED IN ACCORDANCE LITH ACCESS NAN/.OENETDT II.:NURL GUIDELINES. A PROPERTY DESCRIPTION CS EVEN DATE EAS PREPARED IN CC:UINCTION '_:'DTH THIS PARCEL PLAT. I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY RIV9ESENTS THE FACTS FOUND AT THE TIM HE SURVEY, FEBRUARY 2017. BENNIE L. GALVAN RPLSA5229 MNT res...06 D rRw.5P of rect+Es-POtt DISTRICT) IS CORPUS CHRISTI C:1IT1.05. c. E.J. 010 SURVEY PLAT OF PARCEL 322 eaI::ITY NUECES US 181 -HARBOR BRIDGE NGT. NO. US 181 17-1$10AIWINEV o'Es'R`' iiI"dIT',�'i •IoJI A..0 101) TAEIH00.2076 P.CRLSI ,045 SO FT. )PACE +1 OF 4 so O H v AGENDA MEMORANDUM NCpgpOR 1Future Item for the City Council Meeting of May 8, 2018 1852 Action Item for the City Council Meeting of May 15, 2018 DATE: April 17, 2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Resolution authorizing outside city limits water contract for property at 7085 Jurica Road (County Road 37) for agricultural use CAPTION: Resolution authorizing outside city limits water contract for agricultural use with Sancha Properties, LLC for property at 7085 Jurica Road (County Road 37). PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into an outside city limits water contract with the property owner of 7085 Jurica Road (County Road 37) to provide public water to the respective property located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. The water contract will be with Sancha Properties, the owner of the property. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Sancha Properties, will connect an agricultural tap into the existing 12- inch transmission main water line and construct a 2-inch water line to access the water line from his property for agricultural purposes. In order to obtain public water for agricultural use, the property owner must comply with the following requirements: a. Enter into a written service contract with the City; b. Any construction on such property, except for structures which are solely agricultural in nature, must comply with all city codes and permits and that inspectors be allowed on such properties to insure compliance with all city codes and permits; and c. Allow inspections of all such building construction. d. Water connection will not be approved until after the water service contract has been approved and recorded in the real property records of Nueces County. 7085 Jurica Road is located Southwest of Saratoga Boulevard and Southeast of Old Brownsville Road between County Road 26 and County Road 26A. Staff recommends the City Council approve authorizing the City Manager or designee to enter into an outside city limits water contract with the property owner to provide public water to their property located outside the city limits for agricultural purposes. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside-City-limits water contracts. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract with Exhibit Presentation Resolution authorizing outside city limits water contract for agricultural use with Sancha Properties, LLC for property at 7085 Jurica Road (County Road 37) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contract strictly for agricultural use with Sancha Properties, LLC, property the owner of 7085 Jurica Road (County Road 37) 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. A copy of the contract is on file in the Office of the City Secretary. 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 Everett Roy Debbie Lindsey-Opel CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS FOR STRICTLY AGRICULTURAL USE 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; Whereas, pursuant to Corpus Christi Code 55-112, a covenant running with the land is required to receive water service outside the city limits when land is used only for agricultural use; 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, Sancha Properties, LLC (Owner), whose address is 4833 Saratoga Blvd., Box 501, Corpus Christi, Texas, 78413, Prosperity Bank (Lienholder) whose address is 500 Water Street Suite 100, Corpus Christi, Texas 78401 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: 72.76 Acres out of Bishop and Blocker Lots 15 & 16 and 1.26 Acres WM Robertson Farm Tracts Lot 1-a Tr 20, also commonly known by its street address as 7085 Jurica (County Road 37), Corpus Christi, TX 78417. 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. Except for structures which are solely agricultural in nature, 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 Halder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and 1 regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V. Owner agrees to use said property receiving City water only for agricultural uses hereby defined as meaning cultivating the soil, harvesting crops, raising livestock, or pasture grazing. VI. Owner agrees that such water service shall be terminated and the use of city water on such property shall be discontinued in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, VII. The City will allow a tap at the end of the 12" grid main. However, as development and infrastructure expansion occurs, the City reserves the right to move this tap to a more appropriate location. VIII. The meter will be placed at or near the end of the 12" grid main and the City will not be responsible for any repairs or maintenance on the service line from this point to property. IX. Owner agrees to install and maintain a proper backflow device, as determined by the City. X. 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. XI. This Agreement does not become effective until such agreement with covenants has been recorded in the real property records of Nueces County. WITNESS OUR HAND this 1 C1 day of 01 1�c r1 , 2018. OWNER: Sancha Properties Michae L. Hurst, M ager STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the \a day of Iik ort , 2018, by Michael L. Hurst, Manager, Sancha Properties, L.L.C. g LINDA A MAREH' A _YY1Q1y�G *: *1 Notary Public,State ofTexas Notary Public, State of Texas Comm.Expires 10-21-2020 Notary ID 659523-1 LIEN HOLDER: Prosperity Bank p K thy ra Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 1C1 day of A 2018, by Kathy Pratt, Vice President, Prosperity Bank. Notary Public, State of Texas LIEN HOLDER: Harry S. Brewer � •� Fat, LINDA A MARE Notary Public,StateofTexos Comm.Expires 10-21-2020Harry S. BrewerNotary Ip 659523-1 3 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the IQ day of Pr i I 2018, by Harry S. Brewer .•" Ya LINDA A MARU '&Vhc�a 01m4"L� Notary Publir,State of Taxas Notary Public, State of Texas comm.Expiras 10-21-2020 � of Notary ID 659523-1 4rrI City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary 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 Nina Nixon-Mendez, FAICP, Director, Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of 12018. Buck Brice Assistant City Attorney for the City Attorney After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 5 S gRgroc q Sancha Properties LLC 7685 J u rica Rd BISHOP AND-BLOCKER 72.76 ACS OUT OF LTS 15 & 16 & 1:26 ACS-LT 1=A TR 20 WM J ROBERTSON FARM TRS I U M^ V� cR2s 9 cR26 0 0.050.1 0.2 0.3 Miles N \ P,aExhibit ..A.. ES IR Y14Y4J .. a Water Contract Location Map sC ��B —y LLro CR3B, ppb `�)�cR 3 k Site c Date Prepared iBy:Je remyM Citv cazoa— Department of Development Services Y 4r ,. Corpus ° � o _ File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl CR1A " ,Q 2018 Water Contracts17085 Jurica Rd C)1T1St1 LOCATION MAP Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection:Lambert_Conformal_Conic ✓. it i Outside City Limits Water Contract 7085 J u rica Road (County Road 37) City Council Presentation May 8, 2018 oaQus�yq O a ► � s 4 - �` '� Corpus Christi City-Limits r , (r a: 1 m 86 `��,�a AERIAL OVERVIEW 7085 JURICA ROAD (CR 37) Existing 12" Water Line r r- t' Proposed 2"Water Line Connection Existing 6"Water - Line Connected to Fire Hydrant Staff Recommendations Approve the proposed outside city limits water contract. se GO � 1k �� O H v AGENDA MEMORANDUM Future Item for the City Council Meeting of May 8, 2018 "CORPOppjEAction Item for the City Council Meeting of May 15, 2018 1852 DATE: April 12, 2017 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in the amount of $60,444.45 for the City's share of the cost for bridge removal and replacement on Starry Road, near the intersection of Starry Road and Yorktown Boulevard. CAPTION: Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in an amount not to exceed $60,444.45 for bridge removal and replacement for Starlight Estates Unit 1 PURPOSE: MPM Development, LP, will remove and replace an existing bridge on Starry Road near the intersection of Yorktown Boulevard and Starry Road. Approval of the agreement will allow the developer to continue with the proposed single-family residential development known as Starlight Estates Unit 1. The subdivision is located along the south side of Yorktown Boulevard and west of Starry Road. BACKGROUND AND FINDINGS: Current conditions of the bridge on Starry Road pose a public safety hazard and will require replacement to serve a developing area within the city. The bridge is the last of the old timber bridges that is hydraulically and structurally inadequate. In addition, Corpus Christi ISD school buses have not used this bridge to pick up school children since 2011 due to the bridge's condition. Starry Road serves an area that consists primarily of large lot homesteads, however, platting has begun on the first phase of a 57.211-acre tract of land. The developer, MPM Development LP, is proposing to develop a 71-lot single-family residential subdivision known as Starlight Estates Unit 1. The tract of land is located along the south side of Yorktown Boulevard and west of Starry Road. Starlight Estates Unit 1 has a plat that was approved by the Planning Commission on November 15, 2017. Starlight Estates Unit 1 will eventually be connected to Starlight Estates Unit 2 with a proposed 40 lots and Starlight Estates Unit 3 with a proposed 63 lots. Development Services approved the proposed Public Improvements for Starlight Estates Unit 1 which include the bridge improvement. The final inspection of the bridge improvement will be done by the City's Construction Inspections Division. The participation agreement includes removing and replacing the existing bridge at the intersection of Yorktown Boulevard and Starry Road. The Developer will provide 10% of the construction costs of the bridge improvement and the City will provide 90% of the total cost of $67,160.50. Yorktown Boulevard is classified as an A3 Arterial Road as per the Urban Transportation Plan and Starry Road is a Sectional Road that is not on the Urban Transportation Plan. ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The bridge improvement is consistent with Plan CC in that, per the Southside Area Development Plan, the intent of the proposed land use plan supports both existing and planned residential neighborhoods and related growth in Southside Area Development Plan areas. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $67,160.50 $67,160.50 $67,160.50 Encumbered / Expended ($20,000.00) Amount This item $20,000.00 $40,444.45 $60,444.45 BALANCE $47,160.50 $6,716.05 $6,716.05 Fund(s): Fund 3701 Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Participation Agreement with Exhibits Presentation Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in an amount not to exceed $60,444.45 for bridge removal and replacement for Starlight Estates Unit 1 WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 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 (the "Property"), and the Owner desires to develop and plat the Property to be known as Starlight Estates Unit 1 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to remove and replace an existing bridge at the intersection of Yorktown Boulevard and Starry Road; WHEREAS, removal and replacement of the existing bridge increases capacity and public safety; WHEREAS, Texas Local Government Code §212.072 authorizes a municipality to participate up to 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; and WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer/Owner in conjunction with the Owner's final Plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Developer Participation Agreement ("Agreement"), on file with the City Secretary's office, with MPM Development, LP, ("Developer") for the City's portion of the removal and replacement of an existing bridge at the intersection of Yorktown Boulevard and Starry Road for development of Starlight Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. 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 Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Everett Roy PARTICIPATION AGREEMENT FOR OVERSIZING STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager or designee and MPM Development, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 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 (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Starlight Estates Unit 1 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to remove and replace an existing bridge at the intersection of Yorktown Boulevard and Starry Road as depicted on and in accordance with the improvement requirements (the "Project") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer/Owner in conjunction with the Owner's final Plat; WHEREAS, Texas Local Government Code §212.072 authorizes a municipality to participate up to 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to the Texas Local Government Code Chapter 212 and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: Section 1. RECITALS. The parties agree that the language contained in the recitals of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. 'DEVELOPER/OWNER PARTICIPATION. Developer/Owner agrees to pay for all costs related to the design and construction of the Project (the "Project Costs") in accordance Page 1 of 11 with the design plans as approved in writing by the City's Director of Development Services or designee prior to contract award. The parties acknowledge and confirm the total cost for the Project of$67,160.50, which is attached to and incorporated in this Agreement as Exhibit 3 (the "Project Cost"). Developer/Owner shall award a contract for the Project and shall substantially complete construction of the Project on or before the expiration of 24 calendar months measured from the date this document is executed by the City. Pursuant to Texas Local Government Code §212.072(b)(1), Developer/Owner need not comply with the competitive sealed bidding procedure set forth in Chapter 252 of the Texas Local Government Code with respect to the award of contract for the Project. Section 3. CITY PARTICIPATION. The City agrees to reimburse Developer/Owner in an amount equal to 90% of the Project Costs, not to exceed $60,444.45, conditioned upon Developer/Owner constructing the Project pursuant to the design plans previously approved by the City. Anything in excess or more elaborate than the City's requirements will be at the Developer/Owner's sole expense. Section 4. REIMBURSEMENT. The City shall reimburse the Developer/Owner a pro rata portion of the City's agreed costs of the Project monthly, based on the percentage of construction completed less the Developer/Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Developer/Owner at the address shown in section 13 of this Agreement. Section 5. PERFORMANCE BOND. In accordance with the Texas Local Government Code §212.073, the Developer/Owner shall execute a performance bond for the construction of removing and replacing the existing bridge to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. The Owner shall submit proof of the required performance bonds to the City. Section 6. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Development Services Department. 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. Section 7. CONSTRUCTION CONTRACT DOCUMENTS. Developer/Owner shall submit standard construction contract documents to the City's Director of Development Services or designee for review and approval in advance of beginning any construction of the Project. Section 8. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Project or promptly notify the Page 2 of 11 Developer/Owner of any defect, deficiency, or other non-approved condition in the progress of the Project. Section 8. WARRANTY. The Developer/Owner shall fully warranty the workmanship and construction for a period of two years from and after the date of acceptance of the improvements by the City's Executive Director of Public Works. Section 9. INDEMNIFICATION. a. To the fullest extent permitted by law, the Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the City Of Corpus Christi and its Officers, Directors, Members, Partners, Employees, Agents, Consultants and Subcontractors ("Indemnitees") from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the work and/or failure to comply with the terms and conditions of the contract, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Developer/Owner, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner's Indemnitee hereunder, subject to the Owner's defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require Developer/Owner to indemnify an Indemnitee against a claim, loss, damage or expense caused by the sole negligence of an Indemnitee. Provided further however, and in addition to the above, Developer/Owner indemnifies each of Indemnitees against claims for the bodily injury or death of an employee of the Developer/Owner's Team of any tier even if caused by the sole or concurrent negligence of an Indemnitee. b. To the fullest extent permitted by law, Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the Indemnitees from and against Indemnified Costs, arising out of or relating to; (i) the failure to control, contain, or remove a Constituent of Concern brought to the Site by Developer/Owner or a Hazardous Environmental Condition created by Developer/Owner, (ii) Page 3 of 11 Developer/Owner's action or inaction related to damages, delays, disruptions or interference with the work of City's employees, other Developer/Owners, or utility owners performing other work at or adjacent to the Site, or (iii) the correction of Defective Work. Nothing in this paragraph obligates the Developer/Owner to indemnify the Indemnitees from the consequences of the Indemnitees' sole negligence. Provided further however, and in addition to the above, Developer/Owner indemnifies the Indemnitees against claims for the bodily injury or death of an employee of the Developer/Owner's Team of any tier even if caused by the sole or concurrent negligence of Indemnitees. C. To the fullest extent permitted by law, Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the "Indemnitees" from and against Indemnified Costs resulting from infringement on patent rights or copyrights by Developer/Owner's Team. d. The indemnification obligations of this section are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Developer/Owner's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Indemnitees by an employee or the survivor or personal representative of employee of Developer/Owner's Team. The indemnification obligations of this section shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by Developer/Owner. e. Notify the other party within 10 days if Indemnitees or Developer/Owner receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Indemnitees do not waive any rights to indemnification except to the extent that Developer/Owner is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. Page 4 of 11 f. Defense of Indemnification Claims: 1. Developer/Owner assumes the defense of the claim with counsel chosen by the Developer/Owner and pays related costs, unless Indemnitee decides otherwise. Developer/Owner's counsel must be acceptable to Indemnitee. Developer/Owner assumes and controls the defense and any negotiations to settle the claim. Developer/Owner advises Indemnitees as to its defense of the claim within 10 days atter being notified of the indemnification request. Indemnitees may assume and control the defense If Developer/Owner does not assume the defense. Developer/Owner pays all defense expenses of the Indemnitees as an indemnified loss. 2. Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Developer/Owner defends the claim. Developer/Owner may not settle the claim without the consent or agreement of Indemnitee. Developer/Owner may settle the claim with Indemnitee's consent and agreement unless it: A. Would result in injunctive relief or other equitable remedies or otherwise require Indemnitees to comply with restrictions or limitations that adversely affect Indemnitees; B. Would require Indemnitees to pay amounts that Developer/Owner does not fund in full; or C. Would not result in Indemnitees full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. Section 10. DEFAULT. The following events shall constitute default: 1. Developer/Owner fails to submit plans and specifications for the Project to the City's Director of Development Services or designee in advance of construction. 2. Developer/Owner does not reasonably pursue the Project under the approved plans and specifications. 3. Developer/Owner fails to complete the Project, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. Section 11 NOTICE AND CURE. Page 5 of 11 1. 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 sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. 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. 4. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 13, of the need to perform the obligation or duty and, should the Developer/Owner 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 the Owner. 5. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner 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. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. Section 12. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; 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. 2. 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 claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 Page 6 of 11 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. Section 13. NOTICES. 1. 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: If to the City: If to the Developer/Owner: City of Corpus Christi MPM Development, LP Attn: Director, Development Services PO Box 331308 2406 Leopard Street 178401 Corpus Christi, TX 78463 P.O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made 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. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 14. PROJECT CONTRACTS. All engineering work shall be performed by the Developer/Owner's Texas licensed professional engineer. Developer/Owner'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 contracts with the contractor for the construction of the Project must provide that the City is a third-party beneficiary of each contract. Section 15. NO JOINT VENTURE. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture between the parties. Section 15. DISCLOSURE OF INTEREST. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Page 7 of 11 Section 16. 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. Section 17. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/eIf 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.htmi. Section 18. CONFLICT OF INTEREST. Developer/Owner 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 httpa/www.cctexas.com/government/city-secretary/conflict-disclosure/index Section 19. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Page 8 of 11 Section 20. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 21. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 22. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 23. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 24. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Section 25. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer/Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 15, 2020. (SIGNATURE PAGES FOLLOWS) Page 9 of 11 EXECUTED in one original this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director, Development Services 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 Nina Nixon-Mendez, FAICP, Director, 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 Z5 day of Ae f "+ d , 201$. Buck Brice Assistant City Attorney For the City Attorney Page 10 of 11 Developer/Owner: MPM Development, LP L4-Z�- / Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ }.� , 2018, by Moses Mostaghasi, General Partner, MPM Development,,L on behalf of said company. a,�p�puB•., CINDY Bl1ENO �, � �• rf 1 ID #1178588.3 Notary Signature S � Notary Pvbl:c STATE QF TEXAS My Comm Exp. 11.04-2019 Page 11 of 11 EXHIBIT 1 lois az.z3 ANG PDRFION zaq a3P 11VUSIEE A 2,GOC..M..,200500]409.0.0.. 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IiNI%ON M WHISH,REGISTERED PftOFESSIONPL UND SURVEYOR OF BA55&WEISH Mp REDUIREMENT,AS DEPICTED, REO REM OF THE UNFID O6VELOPMCM ENGINEERING, EREBY CERTIFY 1HAT THE FOREGOING PUT WAS PREPMEO FROM A CCpEEajO S SUBJECT i0 CHANGE AS INESTONING UW.T C„MGE SURVEY MPD,ON THE GROUND UNDER MY DIRECTION.IS TRUE ANO CORRECT ANO SUBIMSION CpeE51RUCTNON mProOVEMENI�S 1VLiOHOOEEUV UPON COMPLETON OF -FAR GF TExIS 6 u CEU-IF NUECES 4 TNI$THE—DAT OF TO—• I, OS,GtERK OF TIE CDUI h ED—IN AND FOR 541D COUNrv.DO HEREBY CERPMiNE TH4T ORENEANG IISFRUMENT DATED THE_GAY OF —W”DS Ni—N. vRGH,R.P.L S. ERD—OF AUTI NxOADON,-I FI1m FDT—R0 IN NY c TNF 20 -E 01 P G3 OO d[ D 20_PT y—_M.,MO DULY RECORDED TNI D•Cwq(_M.IN THE MM RECORDS PLAT O F -O,-N—11_PIN GMEN NGMBER NOV 1 52017 ow_ 1 uT Hw ID—IF THE muNtt c0ugr IN MD FOR Sao couxrc AT OFFlCE w PLANNING COMMISSION STARLIGHT ESTATES UNIT 1 —U9 DH�ST IN Co­DOAB,THE D.Y AND YEAR IA�WRT,E". E Is.ua MRE TRacT of uNO,MORE ore LEss,A AIN CF DOTS 14,26 AxD za s LION 25�FLOUR BWFF MVD ENCIN4L FAR ANO DEN S.1 MTXF N.5 CORPUS CHRISTI PNUECESRCCOUNTY, TEXAS D DY R SAN. 0 25 , p,+auvG COON.LOUm SCALE.P=s0' BASS & WELSH ENGINEERING _ NUECES couNTY,TnAs FIRM ND. F-52, 3054 S. ALAMEBA ST. s��111E SS CORPUS CHRISTI, TE%AS 78404 EETs2AL.,DAME EXHIBIT 1 AS �2R °° oRaI�6. PLAT OF RD OM Drs R.:d�.D a�� .ENxTM EXPIRE E.W°°°°ws d STARLIGHT ESTATES UNIT 1 N28'42'1 8 E i R-u G°c°`J� sA 15-4"RE—T OF MORE OR—A o rs 6 8 s „/� Va w cxp�l o AND c:Rocx"RUDED5 m.or °icx'Ls N61-17'42"W 160.00' S - R°t+ J .••.P. - Ros. 25.06' CORPUS CHRISTI, NUECES COUNTY, TEXAS N28'42'1 8"E 125.00' P P 8 finDSF g asNl.=`J BASS & WELSH ENGINEERING _F.1j2TTEEl 26e^x rout /17 FIRM NO. F-52, 3D54 S, ALAMEDA ST. vOr'CALt�sANE CORPUS CHRISTI, TEXAS 78404 NE1S;Die s tO II I N III 66°6F a PPG3OO MLS �m 21 6.DD I$I I m —_s � F I p `LOTLm 2s a •.SITE.. � NOV 1 5 D x O 666 6F o�n ar ECE g S STATE OF TEXAI s X017 a PLANNING COM MISSION 6ppo sF Os $ cEknFr iNAr wE Aq InE�oFEn'uix�n rNE STARRY Rwp wP,o EMBRADEED AI HIN THE BOUNDARREI"o FDR-N Pu THE To A°LENEIN c •• m I I j XD EUBRACED WIIHIN�ME BOUNDPRIESTOF sTM118OMSI0N E TMNENIF HAD-D-HA SU E ANO E SUBERAHONS SUBDMDED AS SHOWN.THAT STREETS AND VE BEEN .MFDRl S THEREIN E%PRESSED F PURPOSES DEDOPO.ANRR IF NOT PFEMOUSLY DEDICATED.ARE HENEEY DEDICATE➢TO THE PUBUo JEE ED DEE ON. M T M w MADE FOR HE PURPosEs OF O RIP ON NO P 181 6 6p 6F s THIS THE_D Y OF D_ ml - Iw :I'I I I ,RLE N f l Ili s � o STATE OF,Fx..s a sTA,E of,E,D.S PATRIpR,wAUApE.TRDSTF,d 2 a I oDN Y of ND c sDI_O NUEDED s J 8 m 6F sl 6 m Ig J 6456 SF S W THIS INsmuMENr wAs AaxowlEDCEo BEFORE ME). THIS INETMI-T w ApxxoWLEocEe BEFORE ME Rr PATF-WAI—TRUSTEE I I I (NAME). d 2. IT m V e M—).of LOCATION MAP TMIs THE_DAY of za— I$ a Q ]3]5 IF THIS THE WY Of 20� �0 ITIRIMBTE%AS IN AND GOR THE ITATEOF •, c l o INS 1 ll NOTARY PUBLIC, IN AND FOR ]Soo IF INS q rHE—TE DF rcxns ^""'�oo.cioosomwa.on`F 6 1I� 6aK 6F J O �Sw ^, ttp0025 N2$'41'36"E 1531.24' s 6B666F to �z3 2s: --- --- -- --- --- --15 —_-- -- a0 sza °E To 6] L I tiIC $ Selz IF O m ,6 - ,] to Ia E r 2z &' 21 az taw 1 � Q S¢\\ v{ a +81 IF S a6o IF fi+eO sF - 6D4e sF` x - 6aco IF IF "- SF © w e 6 8N]z �SR6 o szaaz•Ifiw�w.]e �.�, o ]aw sF no MUSTAFAR DRIVE 'i•TO.DOR_ s°6'� +\.s. 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L ,PontnwtL11 11 O.De.rIORP1n,ml 51•FFT Hee;--r of COrput C1>f1f1E 5tFFT 1 CFVFR SHIFT u.3 u6CEl LANtOWS IAFOFWTXS e.ascome•U5 P 61017.11.1 T SI•FFT 7 PAANC. 581)7155 AN) 5861Ht5F FIM. 51oyrt 141631.06' ANO STORY 551)88 R8p1+LE5 51•EET 3 PAIIN;. GRADING AND CRANAGE 511)5. STREET 1)110 STCRV 5119L11 51)011)55 SPELT A 51)1:.1113 SE1T5Ji AY0 *AIM PLAN 1)11 PR711LL SKIT 5 S,LATART 5E1E9 AND 1)ATEA PLAN ANO FR3Tb.E SLEET 6 STORu *ATEA PGALUTON 61EVENT1 5 PLAN Ana BASE WARS SFE51 7 51051) AMEN PoLL)WION An)5EN11pl PLAN AIN EST NAIL SOMATA VATI 511165 6 O3y15 1)1)151 RI AN AIM PROW STREET. 5OF8.in AN3 00AR11)CE 6ETA45 51•EET 9 5I801 SINGLE BOX C:ASERTA CAST -IN PLACE SGC -5 i 6 51•ELTT tO TI0OT 599CLE Box C:AVE115 5151-n PUCE SCC -5 & C 51.551 II TI001 SINGLE BAIL CuLAP1S 5151 -el PLACE SCE -0 SI•FTT I? TOW 5111545 PDX CLASFRTS GST R1 PLACE SCE. A $1 EET 13 TIDOT 5WGLE BD .1 CULVERTS CLT III PLACE UI551A450'h OVALS 5C: -V) whitv.k.Ko PMttwr. PR Ir. LAUSA DerUS C.511. MAI N rl Ifni It[ -Sur BASS AND 1)1155 EH:NEERnC .ryn...am r-Stt. Ln r.+a sl.m PLBLIC IUP#OSTUQRS TO STARLIGHT ESTATES SWT I CORALS 51.51511. WAGES Co,. TY CLYFR slAIFT AND u& iArtoU5 .5foRWA110Y L• i rat -AANAr.. q iiY • rn. ..n s e 7 Y; 4Y' x10 _n :, • 2. hrT• itr ' .1„ • 11 111.1101.94.1. •4• .. ��...•n• ROY O 1 ' 1 II I 0 6.00 1.00 J. [ G I It I. I I I 1 1 A-. l$ 10 -. 0 .12] 3.03 PIr.6A_ 7 „l5r.+a juaArl, 2 CA 5.00 6.00 6.00 6.00 -��___ _ r...{ Y it ~ '444 77, Pci.iLrifI..surr s •, .i:,"•',:••••1•'"I _71• •. -»•Yy..„.• A .7;�{EY^ ., .. rr� •/c of a; • — — 4.26 u.—Ga. PP046 30- �0 0 -.06. ( .� __. PR�1 27' PC0 0 0253 PROP 27' PtP 0 0.M .w ..r w r �� n m ../ 00 rr w...1>I ' s.��}.ni: {jl .w wo.w . \ ne'Ic• J. [ G I It I. I I I 1 1 A-. l$ 10 -. 0 .12] 3.03 PIr.6A_ 7 „l5r.+a juaArl, 2 CA 5.00 6.00 6.00 6.00 Tw LIP 1.1 4460467 - 5744446271- 1:_ E 8110 NO2 0FRY451 0 Imo 4.1.1111 > I ; n tttC i,•d-..-.� 113 SZ 1-4 10 W e•. 0 r nlC�jj i z • tin — i�i JI J` 4C STARR. #3 (20' 60.4 -' I'rr r v T 4021' F4csy� r my . ...n_• sl vl T r. .TO GialT l..q E. - R/^ r'0I4 AT .6 WM. Pr 4'i4' Ijllb rIIYF#T term 416' 00t r111VFR[ MIr2l 5rrrgn - P/C •IPPJP 41 Str1Tl[ L2OG_S_LT`30sSYLw?Lfr ffiC!( 6205 k wELSR E6;.AEERlv0 ¶1i6r l -m 1. EMMETT. Q r- ]Y. iMr. ro• ,.s P.17. 7.1 IM. 0L11.IC 1..'RQ'+E11ENTs IC STARLICNT ESIMIES IsIIT I CWPUS (101ST]. ,A.CCES Ca. 74 PAYING. GP.II1115 AND DRAINA( PLAN, STR[ET Av0 STCPM SEVER P21311LES d•^ n ..w..r w.rin_ -��___ _ r...{ Y it ~ '444 77, Pci.iLrifI..surr s •, .i:,"•',:••••1•'"I _71• •. -»•Yy..„.• A .7;�{EY^ rr� •/c of a; • — — 4.26 u.—Ga. n • eei '�____i/ .� __. fa' •0.j01•.2e• ••d �� n m w..n.w ' s.��}.ni: {jl .w wo.w Tw LIP 1.1 4460467 - 5744446271- 1:_ E 8110 NO2 0FRY451 0 Imo 4.1.1111 > I ; n tttC i,•d-..-.� 113 SZ 1-4 10 W e•. 0 r nlC�jj i z • tin — i�i JI J` 4C STARR. #3 (20' 60.4 -' I'rr r v T 4021' F4csy� r my . ...n_• sl vl T r. .TO GialT l..q E. - R/^ r'0I4 AT .6 WM. Pr 4'i4' Ijllb rIIYF#T term 416' 00t r111VFR[ MIr2l 5rrrgn - P/C •IPPJP 41 Str1Tl[ L2OG_S_LT`30sSYLw?Lfr ffiC!( 6205 k wELSR E6;.AEERlv0 ¶1i6r l -m 1. EMMETT. Q r- ]Y. iMr. ro• ,.s P.17. 7.1 IM. 0L11.IC 1..'RQ'+E11ENTs IC STARLICNT ESIMIES IsIIT I CWPUS (101ST]. ,A.CCES Ca. 74 PAYING. GP.II1115 AND DRAINA( PLAN, STR[ET Av0 STCPM SEVER P21311LES d•^ n ..w..r w.rin_ iw 81 fel 0 • ens r r-' I. Lw ,q 1.11.1,14114 01•K 1.4 * 1 Gni - m. 1 )74 J C , CO [� -- -- --y> ---� A -- 4 _as ---- %4 --- ---- i'-- tilL VARar +D (47' ROW) 9.00 10 110 1.00 12 [10 f 44 4 I'M I I. COORDINATE WITH THE HOMEOWNER MAT NAS A ININEWAY AT THE COINER OF STARRY ROAD BL E, YOM TOWN WII VD THE HOLD OWNI R; AMISS WILL RE IMPACTIP !MIRE CONSTRPCI10N- Ie..t{ _t.— _—--- .-..,west, —.. — —C:— — — `i— - `i1 5'.EINr R0 INSTEAD OF IAPANDING THE ROAD IQIMUTON 00E11904S Of EHE EXISFING*DADWAT, HOED LOCATION OF THE WESTERN EES10. AHD MY WARD TO THE EAST, THE ROADWAY SHOULDHAYS 1SIEEI ILEUM 1001 TO CONNECT RAC[ INTO TORRIOWN. —�: 11.70 I., CO 15.0'3 11.00 7.100 121• 00 19.00 0 •fir. 2.2 •.ra, - _ W. .su. r __ _..._•' -"ry yk r••i OM'+11 `su.. ,.r IT ..q.• 21-1•N•. •.•r.3 am �` rc •1.• I j wiv pi' •F.• R all.I •. 4 na. .• •n . o., Jnr. r,r ••��:xn...,r ..� \v, FtI ".. r �V 5 I V PRO[1!e 1fiTAitN 1 t DA -55 S RRL. 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IP — A 1)1. — 43 TT- - 41 • --iii 1 r o .r-- - 111 0 -- W EI V___ .. `CL 5T0R)T 'N (40 R0•') _ — _ 0.00 9.00 10.101 12 W 10100 i — —1---1y — € 7 i}IE 7 ------ ! w ___i31i.•o.— __ - — — __ __ - ~1�»�-- 1. _ -`LL STARRY R] {.0 030) _—_— au•w _`-„'—•.'! — - -,.- 7LIBUC IMPROVEMENTS HALL MEET CITY AND LED STANDARDS 1.1.00 17.00 10.00 14.00 0 I I 20 •-___ J 1 .a f ” yl /M { t .M Yir • n..-�wk..��•.11•�»....„,__.„....„=_..,_______„. -- .�-�-w• au PM m. M i --.1 h YSwr ` ... I 4`{ WV : 5 `J .. n •.. I • rL a ,.w.w... I V P. 355L Sj. j7-- f14L1A11P 'JRM1ft Pr Wm' 1,11113.1111/ PUY B4.25.n& •tt5.1 {IONTLR 1A. • u. JIM PJYL v aJN-WCYC ENT! • •.'In ;-0110 ",.I rob Al"' UNI" I ;rRi : -NRI'T' 1.1J1-7. ,r 111 SAIL FART '.LMLR AYC YAILfe r N1 AM7 FRI)FJLL a.ty, r 9 =E7 W n _"±.7 u n IOn a. n. Ito, n. P. v. RYLIL.11.1 .. :iie7 tilt 'W I. W .5 ]OI10.hµ, P. I. Is 11 - it G ., I L Q. �`V q 1Y¢ Is CD .O V. a 4 11 1 r. If 111 [r ri IP $Y71T44r stAre 245E VSA 11 n PI 1. 24 11 54s T IT Is 14 n IT `I. 55149, R7 IIO' 44011 .16 WI.MY 0M[ kens isra▪ ua v.wejn pot mrsen. rt . ot,It514.n. Itc Hn.n...ard Corps Orr rantalnrissirsay ▪ tYr II Er ,7 I0111211 lurxa.m 4455 4 141511 EPCS.U.I412 r. SJIMPT PPP 5I .002T-05. T. uo-a.wo .[G w vswan mac. rrus 7+104 NAL IE I•IpROIEI¢412 Tu StAR4ICIIT ESTATES 15'47 1 CWPUS EIRIST1. 0SXCES Ca . Ta ST[Rk 44544 PIEUI sal PEEVE/4712N P_411 4577 EASE r1AM w i r I'SEi lSSt.2a'•• 1 VC 11 114. 0 0 111 110 11 - rnlYY 1:e.E o Nw NOV. a•.Ia.H! 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FGJ7',oala..,A.A.L .•Ow•bpr•w E `.yam wr!C.rdfaw14Pm% .+6 -C(.0 2demos if bar 1 ;11 �11.211 N Plp MBC C•7 l.?45:1x!_ FvPD CP[ Ctn Ihs 3±55 s RELS- E4443R11C aoe• aPJELIC 1M'ParEr(N!S Ta S!ATLICY•T FSTATFS VIET 1 CARPUS CHRISTI, I!A'Lf5 CII, TI.. 1SliXTTI YCTEP PILUTIA! CSFrfNTITI• FLA4. ESTIMATE :IIr.AiT D. _s_max. sal e. AT AAA 'AA a•t w..ra •Pura+,• atCw 1 .iw :r aw.. TYPICAL STREET SECTION 60' RON `ww.. LWOW e rP r. r TYPICAL STREET SECTION WP. .sawrw.s. • ...�y.rwa...�.r ..r SO' WV OETAIL - END Or ROAD BARRICADE INSTALLATION (TYPE ON - AR OBJECT LIARUERS) 0 0 ter•, vr,aw. .r..ti4Z. • ir.... .rr ...Kr�.+a. r... ) Tr' .,.Y MEW. -, vr..vr.,,a WI..., WV POZ-IOC SIGN SUPPORT A55EORLY TOR EONTP,WTON Dr PROPOSED 12- PVC RIR SEE SMUT 5 -.,r._...-.-12�- »-------------1 H>r PROP vC RfRyY 1• - 1 - 1.00 1.00 -�--- PRnP .?PJC .10� .. ' ....� PROP, 12-- -- --.. -, -- -rte _.-{ _ _ {.. r. ,1.00 4.00 5.00 0 00 7.00 I -Th .ns w -T 5 [ �1rO I IN 1 1 A O' DT ENOWIK I ' d •is 0 00 NC__ 1 v 1 — —` PROP IrPYC *Th 5 1 PROP. 5 12.PYC ARR pPOTII r - OTTSITE 1041DT STOP SRN uNT4U 1qR roe RESOTNTAL 4T(RSECTO4 I BASS AND REL511 ENCINCERING KaNNANN t YAM. VIM WO a 0.KW. 1105 100. PUOL1_ II.PRDYEPEN15 10 STARLIEIIT ESTA1Es LINE' 1 {[RPDS CPRI"T1, Nur-r'. e0 TO Y ffTSITE RATER PLAN ANO PRO'IL' STREET SIDEPALc AND DTA INAGC OE'AR s 1•11 41114.11- TYPICAL SECTION 1_C I I ..),1® 113., na,11.a15 qt 1 f Pf.1l51— [1:2;i N. 0444,4 SECTION THAU CURB 11a L,1C10 et 114 Orli 1aa Slitor Ste -�. C Tap $ (u - 411105 !Fa �f :1 111i1I1W 1111 111!®I1uI11 Al 11111111 IIf II�IE 1.tf nr f2 C R1 JEJ ■ 7 I VII wet, op5eaa— PLAN OF REINF STEEL � LL Bus C BARS O 74 J�i ,— BARS it .. 1301 1 .eat •site -. , Ll•, c• a'-1• /en. Lettra1.0 rye Folia e'• Ra.n nle..rern in t r plea, .Stn selYa.aet full• I 0•, . 10 etweare eta. 41,0,tr. 411,.4 Wick,. cp...rt,.r t01L, Le SI b'ab'a. iY (Trull✓.. siT trclfio roil. cM.. .ivr. 16, ref, to ICC shave (£ Cr renicit Par444., t c.lro reyalr o-ta rust - Ie a -iota./ or lap roll. ne . anon poled/ri ' 411 a .r tlnlr� {y re. elm •Aa• ssn rut!.. neon ■pr. o. f11, .115 ioIMb Curt Irly111. 11n,4111 D. 000.1. if rec./Ye, rn nett n Ir...s. as ever. -111 > 4,5,011.. re emit 1,.n, aa...,e1111011 .111 a C111.40 fee ,t,.. ID, It. arta Fres lInt 1••41• Ti,•Ctilt101 . cr ea PC - 144'0 C 1.1^ _I w try t 0,1.11071 m•r.. n 0140. It.e ma. r11.� 3• an, bots C m Co 4,111.1. �y-0' •Ileal. 2'-C• �m ISO .11.4,0 la re.r. re to •1(01'1•' In Iry 41Rk. COlYt.t eele•C .111. r•lrrer0rr,t Intl rnt;nc I . o Lyng LI C4 ray Co 1..0 40 '40 al- .n,t'ia.al •.i,Npww.,. 0.4,, e1 .t. E0,trm.rr'a mlisn. llot rano of r 1r,r1 rrinla,.r•nl ru, I. rNAP IC 114100'0140 uf,CC 0,0k 1 1C Soemln9 est ( .,c.• Ten revs rot, c111Y Im soul., In N. •114 o1 1. sa..rw1, w red 1,11 I.w . .oT.lt by . ineeonl +41 .4 e lrt.'�It. 1.1..11, 10101 keel ace al2.4 (nCePl. Cn.ICC11,. O.plcr.rl Cl .m L C- IC m L. .W rlq.Ireo'�12.ee 0.151 ac Irl ff. 11 •Ire I. 1,.1.119 ., .. (.150 w cue inea1104 •4 In p 1.• envy., '1. 11 r Il 111 f X11.11 ▪ 100410 re In/ C.154 aa 'Nfl l + 12 INf 1 - �.! 1 Lem tax Ire. lilac/A2-•?. Ti 1m 1 r na y0/loe41 13a.L .' ra 1( Yc2- In 1444¢.11.414 to v.41at.2 1k1. ! H ., w sear In llw 4eZ1. CENERAL NOTESI rem P001'11 T4 e0 051113 're/3 SO•e f'er•'r.. See 41•.0 lu tre r.. nn f 1 £0141, ye, ell elnfpclro wee ye„ lab Craw (C. (Il .0 1 • II :_ ale C ..1 1H •.tamr " a•l.1 e, ,Cies. •511 ty o2 ••aM 01 Iw .(1111 0,1 //eY 0 (.r1e IreMnr/. •Im�•.1+W g,e.IOI M ferrel 1 tt5 Islas. Clone •C• cone -el• etc, Ya'• a ars tai. alr0r}f1 or 3.103 aal. Cm. S' e1,3 la ra rare a press'£. nrrf n 441 f.'C0 La este u".. w or-ne • . .a 0 411..,to try a011q .ap .' ,10 „00 (Ca Me e• alar) red 1' Cl sel,a'aWp Ikea silo I be 22:44•••41 •o swia. C • u/ t h• oleo- cater. :nib,-ru• :liln 'u. a Mew r •` Merl a. fl• 41Ire 0• roiu^a 010.14 a£.• b. 's Ctap to, free ft. ,or•. ✓ ai.ne one bye1C OC II rays 10 .....04. 0!1 r Se. •trnor41 SICCO Fa -0 r.s .ae.ran. bl• oil sty (.w1-et01'rn'r9 0111,'... IR.53 LOADING SHEET I Of I eliw•Lrr4A.na./ R.+(rr.alya., SINGLE BOX CULVERTS CAST -IN-PLACE o' TO 30' FILL SCC -5 & 6 vw..r 41•• <CM Mwnnowly .. to C_al l r- 1 _ _ ma- maw O*u5 4♦+1[El. r, rN.p54,PNWrygar 13344.41.461, 41.404 at.g11C :1tFRQ.ENJ.TS t1 51.A1-011 L5'015 .411 1 CO4FU5 CHR1511, N11(CU GO., to 1/1111 Si11441, klCX 1,120'C1415 CIII IN 111/11L SGC 5A 4 de -.Limb- • ••. �.....•.. r/,y.. rax. it t SECTION OII[NSIOIIS 5 I�l - BILLS OF REINFORCING STEEL (For Boz LenQtn • 40 feet) QUANTITIES la. E Ear. C Sart B Oar. E-•1 at Is' mos !R■ F. Seel F! -i4 at IS' a mr Bars N 1.64 Bora K N1W of Sorr11 Curb Total � • II _ • 11 .a. „ 0 407)7 6.16,•1 „ 6.. „ n 4447) 14•41•1 I 0 • i. p 3 *Mon r.'?1 '1 •7• 'q lraVTn' •1 n. 7.„ 4'411 .. Ili • 64.1.1 r• wpm - 4444, eae•' Sal ..'r! 1.94 r . A. IaI •56 :nc n [CTI I `.el • •} I' 7 a -r 11'• . 21 - 144 1 $ . 71 1 167 • 5 2 a'3 2 2 4 .61 .5 L R Sol 2'- 9 2 - r' 54 2'-0" 75 1 1' 31'-9" 717 70 51'-1 514 5'-1' 16 14110 C.551 14.1 0.5 14.1♦1 3,111 •_ I ,1•• 1,1. • 5' 2. I. •. 4' •• IIs .' 1• r 1' 54 2. 0•I 75 4 It' 11' 9. 136 22 14' 0 11. 1' 11• 14 14110 C.711 11.7 0.5 16 11.1 1 1.707 •1.0' _4'.0- 1" I 34' _ 5-I 4' 144 S- 741 S• 7•_6.6• S' .k6 2 - s• 2 - . 3-- 2']. 14'-4 14: 4 II' 4 III.:CO. .414 e i.4 3 _6 .5 16.3 3 13! 11.9 5,5,55 1144 ••• I 1 1}1 .1 '14 4 7. 4 7. •4 e 1112 • 16 II• I. 14 40 _ '•1 • .7I a- 541 .Iri I•n•1 5.1"15.1. 54I 4' 0"1151: • I. . 5.'-4 a $. -II. 141.0 C.I19 41.1 0.91 :6 11.11 5,404 • •0' 4••0 6.1 I Sr IM ••15'13- .9. 174 04 SI 7.10" 107 -5 7- 1• q.. •.13'14"-P III 7'- 5 7'-.- S4 ..'-0'1171 411' 19'-4134 7113'-1 - 14110 0.417 .7 0.11 11.6, 3.722 1' 7• 5' 0' 1.1 1• 24' 111 5- .el I 5 -'I.1 17151 1941 ..13'1 l•I 1.m 5'- 5• 7'- I' 19. .1 5' 4'- I' 60 5 2' r5' 2' 2' 561 5•-0.1 111 I I. 03' 9' 217 16 5 1 111 5••11- 14 I4t4C 0.541 IC 6 0.9 II 15.1 4,'067 1. 3- s• a• 6.1 4• 31. 114 451 4.1 5' •I.1 7.493 1 41 •4 15"4 6' 0 11,017 4' 6• 7- •• Il4I .1 I1.1 4' 5 616 7'- 6• 1'- 3 54 5••0 11.1 4 41 51-•1. 134 !C 15'•9 lel 5 -11• .4 1411C 1.571 66.6 0.51 rt 11.1 r 9,655, 6'.0• 1'•0 I.1 1• 20' 15. 041 5-1 6'•11.1 1,433 1121 •51 1'i I'• 6"1 1,246 1'• 5' 1'• t• 1671.5 16-1 5'• I• n1 1'• 1• 2'• I- 541 I'•0.1 117 iC 1' 19'•5" 246 21 11'•! 11: 6'-11' '4 16145 1.115 15.1 0.11 it 14.1 14.564 ' S• ,' 0 9' 5 5•i i 7.' I7• 1.1.7 6' 1 I 167 ! 1" 6 1,117 a• 6' 671.3 5' S' 1i al) !• 7' •• S6 S' 117 114 5 I. Ill 79 ! 77: 6• ' 1..64 .1 14.6 111.4 'L• 1 15.5_645 27.7 4.42' 167 1621 .1 5'1 6� 1, 76 1' {7T .16. 15' 19• .4 $' • 7• • 561 1• a• I1. I• 1 1 3' 4'•0 1' 1 26' 1-t J- IC' 3 C 15 1 52 C.12/ 61.0 0.5 61 71 S 7,501 114 •1 5 I. 2,0 5 1121 •116 I 1,211 4' 6 1621 •54 5' 4 2 1 7' 0 55 a •0 - 150 II 11'- 1'I III 21 11' 1 113 L''ll• •1 16 41 6. 3 1' 0 9' 1 33. 152 .6 1' 1 7 1.724 112' 51 - 6 4• 1.215 4. 1 3' ' 147 n 6 5' IC• 345 3 2 2 56. 4. 0 111 5 11 39. 1' 153 n 31" ! 115 1• I. 9 14 51 0.441 /16.3 0.5 37 24,7 4.174 -1 a 1 1 I 21 5 1 5 05 1' 3' 5' 0 6• 1 21' 194 .1_5 5 2,015 112: •5 6'}_i 1,450 5 I 3' • 162 .5 6 5 1• 112 3 2' 1 55,1 0 119 5 II 39' 3' 133 33 31" 9 III 1' 1I• I 14.5 C.170 '4C 1 0.5 43 71.1 9.614 4 '0' '2-0 1• 7 33' 114 •6 S 1 2.061 442' .5 4 6 6 1,444 3 1 • 162 •4 4 3 IC 114 1 1 3 44 5 •0 1 ler S II 15 9' 1•! l: 99" 9 III T' 1 7 11 11 2.154 '41.4 0.5 en 25,7 - 3.160 1` 3 6' C 23' 111 .5 5 6 1.413 114 •4 5 1 3• W. 6 S 2• ICI I. .1 5 5 C" HI 2 3" 7' 1 561 1 0 224 IC 7 39' 4. 264 37 39' 9 Ill 6' 11 =I 16 45 0.13! '11.0 0.5 13 25 1 1.112 I I 6 -3 1' I *5. 144 44 5 6' 7.0 5 169= •3 6 1 l 1,615 1 I 3 ' 162 1/5 4 S 1• 372 3 2 4 56 6 -0 221 5 I! 39 3. 134 )1 3)" 1 III 4 11 2 16 41 4.413 41.6 0.5 63 15 0 1006 6 2 L' S 1" I 53' 141 K 5' • 7.054 162 03 L' 4' 1' 1.111 L 1 1' • 167 .44 5' I2• 44. 1 7 4 54 4 -0 724 5 11 14' I. 111 37 1)' 3 147 T. 1• 1 11 11 2.034 12.6 0.5 15 11.7 1.191 i / . ____ __. / 0Ir .201 00. •Wren. rl ,1141 worn stall at 6sea era 2.4.4.•2.4.4.•a.111 Ka 1T 7• - a 11.. 064(/1.41 .4 MI •'r. r.InllrC.ryn1 14041 ..1111.6 1114 .44,Ir.t4•.l6 of 43'4 0 0411 .e7 5. La. la 4•014x-• ccraralle-13 r.1n.14c.4.n1 4-T at Ire Ca1rr¢Ic'- awl., 1116 c•o 01 now 4.2./4/715.144-11 Iv)5. s or 4411 II 1141142 eo 1217 0,0 / 414. a.. 04 760. 4•21144/ 00 Sir le.i In 31.1 ..4 04 1M lore 5415111 d.4141 .a14- "Pr • .414-7 Cc sI,., 1OCt •a L. or r•'Ina oa•.. car.n cal ma a en. 445701. C.Trr•lent 0.014ras•1 41 no. 4 Cr 10 of 6 411 2•00eel roll,0.44 10 err 2.5 I • 163 561/70 56 1. 6.154 033.1 04 wire 1 1 a La. 15 MI 11.. C.111 .o r 11 .a11rm,4 In In'. 6•alo .. 'Il r6- A 01 • 10.304 14 IN 0.114 .2 441.' r 17 '7,111 4.51 6m 9054'•0. 4•43141411 I.3 414111 fu ter 041.:4., 672.6 • 4 4 t' 2 1L10 1011214 Iq War.. k• 5 1.4, a. 1.41.-' In 11. 1401• 115,93 LOADING SHEET 2 2 Mr... SINGLE BOX CULVERTS CAST -IN-PLACE 0' TO 30' FILL SCC -5 & 6 1..1• VON .16..4714 �..�,j...1.e my -Val }M1 U • BCSS #'4 4ELS3 EI42110ER1,G ' 4654174.•1 w, 241.1 .14 1 «4051 Ilrr 131116446 1.161 46.61 l4.W - _ PLBLIC YFB3Kl17-514 4o -�• 511SUCIIT E5-7TES UIIIT 7027505 474057. 1 W 551._S Lit :ULNJ4 's 1.454 III PL4•L a T- '4 r. ;?a .IIt e-0 0 3a 3: TYPICAL SECTION SECTION THRU CURB wr • . la I e•[/. e1 •C. •Lri i - 100 l •cf'r 51OL -•r. C - TOp 513:,bra FT Sr. 0 - 1a11o, vm 1 t It '1111110117, uIIEP',Ignu II �.1I i-€1 Das II- fp Sir erns PLAN OF REINF STEEL r=-€S• C• .-L OARS C OARS O OARS K ova - 1'•a ,hrl IIsrL'wi • 4 5'1 Oa' sin ro S' -L• ne [•Ilan ort, +.1o.-10 as Phan ilwin . . plo , ,ones. .1, loam... ten ✓ oil, r a• curbs I0�R Ism 1'.p•, cele^ EC7 ataxic. for aft-Jotorwis1In Td alms ra: 1, refer fe 1. fa- • frol,io rel.. rw cruel Is, r.fr ro Ric pyalle. sins "JI ICY •••••111s, sofa., Ir. f Ila•Ics, r.aalr.rrrt• to. , Sc r« fa Mr -Wore. I_J, altos :I, can. ural 1 n^nit0,•: •Iran,era I 5' on infs.. o -cat, s Ian a resat ra.l. ort4 H•'CI l a ina ra11rr.. Vie. calm[, 1 aPy, . snot mew .r¢,Irrw,I a. la e,e•Gs .111 m In 0' Ir iiia. ✓ 3 0 owl/1a.. Hlpvl cafwd,lm.lu SI•Lnorea fr cls gece, al/ a aria r +a 1•-6. 111111,1,•1 It or'reps.tar w "'canonsvl • to col scam corn. ftl'ay.-a ,or" nlm, Casa r ray 50 erl Hsu ©1'•a• ryp: I. 2'•7' awl RAC ...at le rprred IA 0efor0.d wlr>ec .1r r I"trc r-1 15041 row to Ire raw -r off ASN 11.4 rep to rap we ▪ lime) Inftreear Cl th :anrnc,y's a0Fac tlr. a.4 of...i.e. •.Infvls,t an.T Or - rad of Is. •arra of LC 0.1 / 10 501. sa.a:ra. `f 504 nirr0 to .• ,, a.1 1{• Oct. flan r I`ll awls.li lion In Ins Sraof IN nor. warn .1 re ▪ *.d fr Ir. awl..., of sin, coraco ap for •ire sless fM l.s�c corwalloal F.apl.:•.rrnata,• 1•.rrrrn,r Of in. fr EC m i wNW.Icy . Yr f rew'r•d - :7.04 .e IN 0.5't s Itl ..IIIC ..iI • 7.':4 so Ir/ft. Tf GC.S sirs le Iarc •n onto. •cls C.'!4 {C Init, rsan'tonso In toes • • /CAM ra In/ INI11 r S�Inar • 4.11 • eeai'rnd s Iwo n fm to. tre•lad 040.1 s're 2..? in rrn'r 4�1r]a for lnorton .C. S So•a. w CENCRAL IpESI 7.sIS.rd o-TSIrO w aa1017 •10 Sacb'f'u•:ots. IIII i�F.rc �'to 11110.1 .51w. 011. Fb.'G mar u1t� 41. cars srell b Class C' a•0Cle•S• for fop FI pllr.I Cie. Of OY.Vtt sirn •11•IKms . sign 1.107 LP/M tafru Wearer., uC 4110 01 It•final rid',ra .vfo<.. CIE. •C• "ram** trot n eura.iaf.. Slr P'tt Y i,w • IGS 'S-pur{i. s Ffal• re," rzln of t.%7 ce=. Int Lap or sow I to.a{ •f ea. CIFC.N. e Ire oaf los eoae O/ •h tar i M Y,al I G cha-farad T• M •n. vrtrasa. bora 141.., 51 1,r W arptl a a1Tus•rdwInf-w In•ib e Co.' .a f /. trOs Ia. nmalr r of •roar Y IIO. 'In...,i, •a+l., 1 of l• 01 Sr.fos a.. a off arra en oicid, erll W i. a Ma. , E f'Of Ee a1 oFl w ro: r.d, er 14. • C scat • .Cf a era or.o'm'4 x.0.01 ,o sl.�d ..da. ap'• s,.:f nuns ca fratw+'re dleil4. MI LOADING SHEET I OF 2 —t- T1aa1wimemiTlwO50lIIYr slues SINGLE BOX CULVERTS CAST -IN-PLACE 0' TO 30' FILL SCC -8 sr NOM,. IM 1.1.0.1.1. V.100. Sfena,111111 / mime I$AS...H7 *USN SNC0.LEWMC tx,rCb.•a O , tons 15.0. PLR.. WAllirIFNTS TO S-14.11 Calc rSTAfTS EMT 1 C.TIR01.5 01,11575 NJErrS CO. To 7.00T $11104[ ACT CitSERTS CAST -fl PLACE SVC -e r«ww.. njks +I s1crr4311 B)L[NSroNs FILL HEIGHT 31 BILLS OF REINFORCING STEEL (For Box Length • 10 feet) QUANTITIES ears C B I 0 EQ{ E-•4 is- lin Bar°4 5.o r=-14 of Ile 95. Bar. N -M BQs�. . feet ecrr.l are fetall S 11 11 ho. +' L.•CI5 •.'p'4 r� 5_ 2 .erg n •• o.;Tl s • 'K. _• n r0'n I. TI a •• 6c. Lenp'' •1 4e. w rile •. .444rh1 . 41 1 Srgm r• '. • Cow -, 1. •01 f -Y'. 5 n r two 6.'nr 1.1 .141 1 0 1' C• 1 -• 13 1111 44 1 •' I1• 7„ 70 24 •5.5 I I .154 • 5 • 1 114 .5 5. 6 IC .313 • 3 7 ' 54 150 11 3- 11'-2'1343 32 13''1-1 1S0 6'-11• 74 72 31 0.5921 114.5 0.1 1 75.5 4,731 1 -c• • 0. I' 71' /jj4'-4' 4 30`1 10 15C 27 11, 14.0 115.2 is 23.1 11, 111 5 9'- 1•I 1,41, 11t 6 1 1 •'-1,• I,1ail I'- /• •'_ 1. 111 5 i•1 I'- I• 1.5 5 4 1• 1' 1' •••C- a 11••3 15! !i 33.1 1!0 1' '- 72 7i 4I 0.111 0.' ,1 h' 3 .I f' -O' 4'-0. II ' 1171 11 5.111 1 2.461 1941 45 15 1'- 4- 1,1011 1'• I' • • 3• III .5 5.I 1•- y.1 1,412 • 1 a 1 • -• 1 • 11• f 1 -• !9'-!•1 �! 9'- r a7 LI O.f4ri 11.5. p,l 11 Sl.t 1 5.,43! f' 7 3' yi 1 11' 1 e•1 I'1.1 2,11C '1' 1941 .5 13'1 I' •• 1,154. 5' 5' 1" 114 •5 5.I I' IC 1,1.3 • 1-1 7'II 2.1141 11 11'•11 rib 1••11• 74 33(31 0.6'2, 111,9 0.1 II 75.2 17.011 1' 0 ! 0 1 7 11 19.1 •4 5 0' 2,591 '24 5 5 , I' I .i73 5 4' • Y. 191 .5 3" 4 II 1,433 •- 1.1 7- 1• 561 5'-C' 117 1 11. 3/' 91151 11 31• /"1 !]i I' 1'• 24 33131 0.6411 111.6 0.1 II 2r,S 17.554 r 0 5 1 1 I 20 1911.. S 1' I' 2,647 14 .3 i 5 ' 1' IC' .12C 5 1• 1 3' 194 45 5' 1 C' 1,416 4•- 3.1 2"- 9' 541 5''C 17 4 /• 31••) 1151 51 31'-1 954 9'- •• 24 22111 0.16! 17.1 0.1 16 3+,3 17.461 V 0 5 4 C 4 21 111 04 5 f' 1 7,147 14 .3 5 1 I 2.311 5 I' 4 2' 194 73. S' 11_ 1 1,411 •• 3'I r 13' 5615' C. Ill 4 11• 31' 1'1151 II 32. 1h 956 1' 1• 24 70167 0.121 Ili.! 0.7 16 33.61 7.415 1 0 S 0 I 17 fC• 1 .1 5 1'- 1' 1.11 '0, 05 S ''1 - C 2.021 5 - •' 4 3. III .s 3• 1-. 7 1,413 • 3.17. In 54 4' C- 111 4 16. 1!' • 1151 !I 11' 15 1,301 1' 3' 2•! 32112 0.921 217.1 0.1 II 11.4 6,51! I' 0 4 0 i 11 III 14 S •'• 1' 7.511 62 IS 6 ('3 - 6 '.137 6 • 5- • • 3' 117 •5 6" 6 •It 1,131 4 - 3 2• ' 1 2 4 224 39' 9 405 01 33' 1 1.212 5 "• 24 23 1. 0.15! 12. 1 0.• I 13.1 1,741 I' 0 4 0 1 7 16 1141 •6 S 1'• I• LSI! '34 15 5 '3 - 1' 2.175 6 - 6' • . 3. 114 .5 5' 6' •11 11.433 4 3 2 5' S6 F C 221 6 6 35' 9 .151 OC 33' 9 1.342 1 1 ' 24 23131 0.1 2• 10.5 0.5 • 12.5 0.172' 51.1 0.7 0.' 0.: 1 II II 75.7 1,61, 31.1 (',1K 35.5 1 '0170 1 0 4 C 1' I 7C 23 114 .4 116 .4 4 5'• 1 1 2.41! 5 9'- 1' 2.611 34 15 5" ^3''II 21 .! I!'(: -1 • 7.117 1 - 7• 1.71. 4 • • A • 3' 4 - 3' 194 194 .1 13 5' '. 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Stn'.• }e , . 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 Corpus Christi,TX 78466-6397 STARLIGHT ESTATES UNIT 1 COST ESTIMATE BRIDGE REMOVAL 02/02/2018 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 LS 1 5,500.00 5,500.00 $61,055.00 10%ENGINEERING,SURVEYING&TESTING $6,105.50 TOTAL CONSTRUCTION $67,160.50 EXHIBIT 3 Page 1 of 1 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 4 Page 1 of 3 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 9 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 4 Page 2 of 3 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Corpus Christi,Texas Department of Development Semites } P.O.Box 9277 City �f Carpus Christi.Texas 78469-9277 Corpus (Ml)826-3240 Cll�'7E"y1 7 C Located at 2406 Leopard Street ew�hilli1��J+''UUtt�,7 (Conterof Leopard St.and Port Ave.) Christi 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 Q Sole Owner ❑Association 0 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%v 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 worker) 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:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENT.ORDINAVCEADMINISTRAT[ONIAPPLlCAT10N['ORMSTOftMS ASPER LEGAL'2_'OMDISCLOSURE OFINVERESTS Page I of 2 STATEMENT]27,12.DOC Exhibit 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 basis, 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:\DEVELOPNAENTSVC.S':'iIiARED1LAND DEVELOPNIENT'%ORDINANCE.ADMINISTFLA'TIONtAPPLICATION FORNISTORI AS AS PF:R LWAU2012MISCLOSURE OF IN*FrRESTS I� (I�L STA FFMENTI.27.12.DOC Exhibit rJ Page 2 of Participation Agreement For Starlight Estates Unit 1 City Council Presentation May 8, 2018 Aerial Overview ,.. 'A �.. O 0 "' ' ® Starlight .17 Estates Unit 1 Subdivision U a Public Improvements for Bridge Replacement � o N Proposed ' \ Bridge to be *w Removed & Replaced f 0 Staff Recommendations Staff recommends: • Approve the proposed participation agreement. Starlight Estates Unit 1 m -aJ vo e w. Lf- I I IN? k A—mm,V c ME-M L-Mu,0 F- WMMMICKLI • L,+ In Q.. 0 ------- --- v se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of May 8, 2018 1852 Action Item for the City Council Meeting May 15, 2018 DATE: May 8, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(@.cctexas.com (361) 826-1718 Bill Mahaffey, Director of Gas Operations BilIM a-)..cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2�cctexas.com (361) 826-3169 Heavy Equipment Rentals for Public Utilities CAPTION: Motion authorizing a 12-month service agreement with Herc Rentals Inc., of Bonita Springs, Florida via US Communities, for the rental of heavy equipment for a total amount not to exceed $236,790.00. PURPOSE: This item is for the rental of Heavy Equipment for the Public Utilities. BACKGROUND AND FINDINGS: The Utilities Department uses the heavy equipment, mainly excavators, for construction work and emergency repairs in the field for Water, Wastewater, and Storm water. The Gas Department uses this heavy equipment, mainly trenchers and excavators, for the installation and repair of gas lines. 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 $554,986.91 $138,127.50 $693,114.41 Encumbered / Expended Amount $336,837.11 $0.00 $336,837.11 This item $98,662.50 $138,127.50 $236,790.00 BALANCE $119,487.30 $0.00 $119,487.30 Fund(s): Water, Wastewater and Gas Funds Comments: The contract is for an amount not to exceed $236,790.00 of which $98,662.50 is funded in FY2017-2018 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HEAVY EQUIPMENT RENTALS FOR HERC RENTALS BONITA SPRINGS,FLORIDA Item Equipment Name and Description Qty Unit Unit Price Total 1 Mini Excavator,5000-6999 lbs.DSL ROPS(Qty of 6) 72 MR $1,380.00 $99,360.00 2 Mini Excavator,2000-2999 lbs.DSL ROPS(Qty of 2) 24 MR $1,300.00 $31,200.00 3 Mini Excavator,7000-8999 lbs.DSL ROPS(Qty of 2) 24 MR $1,425.00 $34,200.00 4 Warehouse Forklift 6000 Ib. PNEU DSL(Qty of 1) 12 MR $975.00 $11,700.00 5 Trencher W/B Track 38 in.Gas(Qty of 1) 12 MR $725.00 $8,700.00 6 Combo SSL M-EX Attach Breaker 391-600 lbs. (Qty of 4) 48 MR $905.00 $43,440.00 7 Delivery 14 EA $85.00 $1,190.00 8 Repair Allowance 1 EA $7,000.00 $7,000.00 Grand Total $236,790.00 se 0 o� � SERVICE AGREEMENT NO. 1593 U Heavy Equipment Rental for Public Utilities �COflPOR1.{0 1852 THIS Heavy Equipment Rental for Public Utilities Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Herc Rentals, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Heavy Equipment Rental for Public Utilities 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 Heavy Equipment Rental for Public Utilities ("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 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 $236,790.00, 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 Name: Joanna Moreno Department: Utilities Phone: 361-826-1649 Email: JoannaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("CO]"), 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 I 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 i 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 I 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts/Funds Administrator Address: 2726 Holly Rd., Corpus Christi, Texas 78415 Phone: 361-826-1649 Fax: 361-826-1715 IF TO CONTRACTOR: Herc Rentals, Inc. Attn: Richard Shugg Title: Sales Analyst Address: 27500 Riverview Center Blvd, Bonita Springs, FL 34134 Phone: 239-301-1344 Fax: N/A 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 fo Legal Form 12/15/17 I i 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. Herc Rentals Inc. Title: Vice President Date: 4/12/2018 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 Attachment A - SCOPE OF WORK ,mus GO _``mss p ?� v h0 pfOR SEC xs52 The Contractor will provide heavy equipment rental, on a monthly basis, to be used by the Utilities and Gas Departments for various jobs. Equipment to be rented includes: • Eight (8) mini-excavators 3- Equivalent to Cat303E CR or Bobcat 27d 3- Equivalent to JCB 8029 2- Equivalent to John Deere 17G* • Two (2) mini-excavators Equivalent to John Deer 35G, with 18" dig bucket • One (1) forklift 6k capacity • One (1) Trencher DitchWitch C16X • Four (4) Jack Hammer Attachments The Contractor shall deliver and pick-up equipment. *The mini-excavator cannot be wider than the John Deer 17G. A wider equipment will prevent entry into residential yards. It is preferred that this unit be equipped with expanding tracks. so da ATTACHMENT B: QUOTE/PRICING SCHEDULE o CITY OF CORPUS CHRISTI QUOTE FORM �COFPOP 1f0 1852 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Frei ht Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Item #240-1300- Mini-Excavator (QTY 6) 72 MO $1,380.00 $99,360.00 Gas - 3 Water- 3 Item #240-1000- Mini-Excavator (QTY 2) 24 MO $1,300.00 $31,200.00 Water-2 Item #240-1400-Mini-Excavator (QTY 2) 24 MO $1,425.00 $34,200.00 WW - 2 Item #450-2180- Forklift (QTY 1) 12 MO $975.00 $11,700.00 Water-1 Item #280-1040-Trencher (QTY 1) 12 MO $725.00 $8,700.00 Gas -1 Item #290-2230-Attach Breaker (QTY 4) 48 MO $905.00 $43,440.00 Water—2 WW -2 Water- 8 Delivery 14 EA $85.00 $1,190.00 WW -3 Gas - 3 Water- 60% Repair Allowance 1 EA $7,000.00 $7,000.00 WW - 20% Gas -20% TOTAL $236,790.00 COMPANY: Herc Rentals Inc. NAME OF PERSON AUTHORIZED TO SIGN: Jason Oosterbeek ADDRESS: 27500 Riverview Center Blvd CITY / STATE/ZIP: Bonita Springs / FL / 34134 PHONE: 239-301-1344 EMAIL: hercbids@hercrentals.com FAX: 866-294-6490 DATE: 4/12/2018 SIGNATURE: TITLE: Vice President THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES.TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 1 RFQ Revised 1.3.2018 ATTACHMENT C—INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 Per occurrence - aggregate 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 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. L 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 Utilities Rental Equipment Delivery and Pick Up 02/02/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements No Warranty Requirements necessary for this service agreement; Section 8. Warranty is null for this Service Agreement. se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of May 15, 2018 1852 Action Item for the City Council Meeting of May 22, 2018 DATE: May 15, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Amendment to Supply Agreement for Automotive Repair Parts CAPTION: Motion authorizing the second amendment to supply agreement 547 with O'Reilly Auto Parts of Springfield, Missouri, for the continuous supply of automotive parts for Fleet Operations for an additional one-year term, for a not to exceed amount of$22,064.30 and a revised total agreement amount not to exceed $66,192.90. PURPOSE: The purpose of this agenda item is to exercise the second and final option. BACKGROUND AND FINDINGS: This contract is for the supply of auto parts such as brake pads, wiper blades, misc. chemicals, bearing, seals and spark plugs for the fleet operation. This contract was awarded in 2015. At that time, the original contract value was $22,064.30 with option to renew for two years, for a potential multi-year amount of $66,192.90. Staff exercised the first option and is seeking Council approval for the second and final option due to potential multiyear amount above the $50,000 threshold. 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: Fleet FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget 3,191,731.00 14,709.54 3,206,440.54 Encumbered / Expended Amount 1 ,583,563.05 0 1 ,583,563.05 This item 7,354.76 14,709.54 22,064.30 BALANCE 1,600,813.19 0 1,600,813.19 Fund(s): Fleet Comments: The total value of amendment No. 2 is $22,064.30, of which $7,354.76 is budget in FY2017-18. The remaining $14,709.54 will be budgeted the next fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 2 GO Amendment "CORponItO City of Corpus Christi 1852 Purchasing Department Date: April 18, 2018 Supply Agreement No.: 547 — O'Reilly Auto Parts Amendment No. 2 Bid Invitation/Event No.: 53 Supply Agreement Current Value: $44,128.60 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, O'Reilly Auto Parts, Springfield, Missouri, hereinafter referred to as the Supplier, do hereby make and enter into this Amendment which, together with the Supply Agreement No. 547 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Supply Agreement between the City and the Supplier. I. This Amendment modifies the Agreement performance dates under the above-referenced supply agreement, effective through the end date of the above-referenced supply agreement: 1. Current Agreement Performance Dates - 12/21/2015-12/20/2017 2. Revised Agreement Performance Dates - 12/21/2015-12/20/2018 The value of this amendment is $22,064.30;therefore, the full value of this Supply Agreement is $66,192.90. This Amendment is setting the second and final option terms. The Supplier and the City agree to and shall abide by all terms and conditions of the original Supply Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Q=lc 41A It Vanessa Creech DiAe Maria Pedraza Date O-Reilly Auto Parts Procurement Manager City of Corpus Christi, Texas se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 8, 2018 Nc1852Ev Action Item for the City Council Meeting of May 15, 2018 DATE: April 20, 2018 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 AEP Distribution Cost Recovery Factor CAPTION: Resolution of the City of Corpus Christi, Texas authorizing participation in the Public Utility Commission of Texas Docket 48222 regarding AEP Texas Inc.'s application to amend its distribution cost recovery factors; finding that the city's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. PURPOSE: Resolution to participate in AEP's filing at the Public Utility Commission for a Distribution Cost Recovery Factor BACKGROUND AND FINDINGS: On April 3, 2018, AEP Texas filed an Application for approval of a Distribution Cost Recovery Factor to become effective on September 1, 2018. The City has jurisdiction over the application with regard to customers within the municipal boundary. aEP is seeking approval of a cost recovery factor to recover net distribution revenues of $3.1 million (an approximately $800,000 decrease for the Central Division and $3.9 million increase for the north Division. Approval of this Resolution authorizes the City to participate in this matter to review the application with other cities for compliance with applicable distribution cost recovery regulations. ALTERNATIVES: Do not approve the Resolution and do not participate in the case. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal 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): (Do not list Accounting streams, use names of accounts) RECOMMENDATION: Approval of the Resoluiton LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING PARTICIPATION IN THE PUBLIC UTILITY COMMISSION OF TEXAS DOCKET 48222 REGARDING AEP TEXAS INC.'S APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY FACTORS; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Corpus Christi, Texas ("City") is an electric utility customer of AEP Texas Inc. ("AEP" or "Company"), and a regulatory authority with an interest in the rates and charges of AEP; and WHEREAS,the City is a member of the Cities Served by AEP ("Cities"), a membership of similarly situated cities served by AEP that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in AEP's service area; and WHEREAS, on or about April 3, 2018 AEP filed with the City an Application to Amend its Distribution Cost Recovery Factor ("DCRF"), PUC Docket No. 48222, seeking a net increase in electric distribution rates by approximately $3.1 million (an approximately $800,000 decrease for the Central Division and $3.9 million increase for the North Division); and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, Cities are coordinating its review of AEP's DCRF filing with designated attorneys and consultants to resolve issues in the Company's application; and WHEREAS, Cities members and attorneys recommend that members deny the DCRF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City is authorized to participate with Cities in PUC Docket No. 48222 to review application for compliance with applicable laws and regulations. Section 2. That subject to the right to terminate employment at any time, the City of hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application Piled with the PUC. 7629334 1 Section 3. That the City's reasonable rate case expenses shall be reimbursed in full by AEP within 30 days of presentation of an invoice to AEP. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. That a copy of this Resolution shall be sent to Melissa Gage, American Electric Power Service Corporation, 400 West 15th Street, Suite 1520,Austin, Texas 78701 and to Thomas Brocato, General Counsel to the Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this day of 52018. Joe McComb Mayor ATTEST: Rebecca Huerta, City Secretary APPROVED AS TO FORM: City Attorney 7629334 2 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 7629334 3 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 8, 2018 Nc1852Ev Action Item for the City Council Meeting of May 15, 2018 DATE: March 23, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith S e(o-)-cctexa s.co m (361) 826-3232 Approval of By-Laws - Corpus Christi B Corporation CAPTION: Motion approving the by-laws of the Corpus Christi B Corporation as approved by the Corporation's Board of Directors on March 19 and April 16, 2018. PURPOSE: The purpose of this item is to approve the Bylaws as approved by the Corpus Christi B Corporation. BACKGROUND AND FINDINGS: On November 8, 2016, Corpus Christi voters approved a Type B Sales Tax at the expiration of the Type A Sales Tax— Economic Development Fund. On January 31, 2017 and August 8, 2017 staff gave an overview of the local sales tax programs, and initiated conversation with the council regarding the Type B Corporation. City Council completed appointment of the Type B Board of Directors on December 19, 2017, and approved the Certificate of Formation on January 16, 2018. The Certificate of Formation of the Corpus Christi B Corporation calls for passage of By- laws. The Corpus Christi B Corporation originally adopted the By-Laws on March 19, 2018. The by-laws were brought back before the Board at the April 16, 2018 meeting to make some changes, including adding information regarding the role of the City Council liaison. They are now before City Council for approval. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms with Council direction on Type B Corporation. EMERGENCY / NON-EMERGENCY: Non-Emergency Item DEPARTMENTALCLEARANCES: Legal Finance 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: RECOMMENDATION: Staff recommends approving the By-Laws. LIST OF SUPPORTING DOCUMENTS: By-Laws of Corpus Christi B Corporation as Approved on April 16, 2018 BYLAWS OF CORPUS CHRISTI B CORPORATION ARTICLE I: PURPOSE AND POWERS Section 1.1 Purpose. The Corpus Christi B Corporation (the"Corporation")is a Type B corporation established for the purposes set forth in its Certificate of Formation,acting on behalf of the City of Corpus Christi,Texas(the"City")as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code,as amended(the"Act"),the Texas Non-Profit Corporation Act,Chapter 22 of the Texas Business Organizations Code,as amended(the"Non-Profit Act"),and other applicable laws. Section 1.2 Powers. In the fulfillment of its corporate purposes,the Corporation shall be governed by Chapter 505 and other applicable provisions of the Act,and shall have all the powers set forth and conferred in its Certificate of Formation, in the Act, in the Non-Profit Act, and in other applicable law,subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE IL• BOARD OF DIRECTORS Section 2.1 Number and Term of Office (a) The affairs of the Corporation shall be managed and controlled by a Board of Directors (the"Board")subject to the advice and consent of the City and,subj ect to the restrictions imposed by the law, by the Certificate of Formation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation.Any projects undertaken using the funds of the Corporation will require the approval of the Corpus Christi City Council (the "City Council"), in accordance with the Act. (b) The Board shall be composed of seven persons appointed by the City Council as laid out in the Corporation's Certificate of Formation. (c) Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term.Directors serve at the will of City Council and can be removed with or without cause at any time by motion of the City Council. Section 2.2 Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine;provided,however,in the absence of any such determination by the Board,the meetings shall be held at an available room at City Hall. Section 2.3 Quorum. A majority of the entire membership of the Board shall constitute a quorum to conduct official business of the Corporation. Section 2.4 Conduct of Business. (a) The president shall be a voting member of the Board. (b) At all meetings of the Board,the president shall preside. In the absence of the president, the vice-president shall preside. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board,but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. The City Secretary shall serve as assistant secretary, to provide administrative support services and official record keeping for the Corporation. (d) At meetings of the Board,matters pertaining to the business of the Corporation shall be considered in accordance with the rules of procedure as from time to time adopted by the Board. Section 2.5 Compensation of Directors. Directors shall serve without compensation,but they may be reimbursed for their actual expenses incurred in the performance of their official duties as directors. ARTICLE III: OFFICERS Section 3.1 Titles and Terms of Office. The officers of the Corporation shall include a president, a vice-president, a secretary, and such other officers as the Board of Directors may from time to time authorize. A majority of the directors shall elect the officers and fill any vacant offices. Terms of officers shall expire in accordance with the Certificate of Formation. Officers may be re- elected. Section 3.2 Powers and Duties of the President. The president shall be the presiding officer of the Corporation, and after approval by the Board, shall execute all contracts and other instruments in the name of the Corporation. Section 3.3 Vice-President. The vice-president shall exercise the powers of the president during that officer's absence or inability to act. Section 3.4 Secretary. The secretary or assistant secretary shall keep the minutes of all meetings of the Board and books provided for that purpose,shall give and serve all notices,may sign with the president in the name of the Corporation,and/or attest to the signature of the president,shall have charge of the corporate books,records,documents and instruments,except the books of account and financial records and securities, and such other books and papers as the Board may direct, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. All records of the Corporation are subject to the Texas Public Information Act. Section 3.5 City Manager's Office. The City Manager of the City, or designee, will serve as the Executive Director of the Corporation,provide administrative support services for the Corporation in accordance with section 5.6,and perform duties as prescribed by the Board and City Council. Section 3.6 City Council Liaison. (a) The City Council may, in its discretion, appoint a City Council member as a liaison to the Corporation for purposes of facilitating communication between the City Council and the Board. (b) The City Council liaison may: 1. Attend meetings of the Board and sit with the Board,as if a part of the Board's membership. 2. Communicate with City Council regarding the activity and discussion at each Board meeting, so long as any communication between the liaison that the City Council complies with the Open Meetings Act. The liaison may make scheduled updates during City Council meetings or discuss Type B business when Type B projects appear on the City Council agenda. 3. Communicate with the Board at meetings regarding direction from City Council and participate in the discussion of potential projects as a representative of City Council. (c) The City Council liaison may not: 1. Vote on any item considered at a meeting of the Board. 2. Be counted when determining if a quorum of the Board is present. 3. Act as a Director of the Board in any capacity.The City Council liaison is not a Director of the Corporation and, as such,has no authority to speak on behalf of the Board.The liaison may communicate as a representative of City Council to facilitate communication between the Board and the City Council. Section 3.7 Compensation. Officers,other than City staff,shall not receive any salary or compensation for those services,except that they may be reimbursed for the actual expenses incurred in the performance of those services. The Corporation shall reimburse the City for the time of all City staff in accordance with section 5.6. ARTICLE IV: FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.1 Contracts. No contract or other transaction between the Corporation and any other corporation, person, or entity shall be executed unless the majority of the Board, who are present and approve such contract,are persons with no interest in such other person or entity.Board members are subject to the City's Code of Ethics, Chapter 2, Article V, of the City's Code of Ordinances. Section 4.2 Annual Corporate Budget. Prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall not be effective until the same has been approved by the City Council. Section 4.3 Books, Records, Audits. (a) The Corporation shall keep and properly maintain,in accordance with generally accepted accounting principles,complete books,records,accounts,and financial statements pertaining to its corporate funds, activities, and affairs. (b) The books, records, accounts, and financial statements of the Corporation shall be maintained for the Corporation by the accountants and other staff of the City. (c) The Corporation's books,records,accounts,and financial statements shall be audited at least once each fiscal year by an outside,independent auditing and accounting firm selected by the City Council. Such audit shall be at the expense of the Corporation. Section 4.4 Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds,notes, or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution,order,indenture,or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Finance Department of the City. Section 4.5 Expenditure of Corporate Money. The sales and use taxes collected pursuant to the Act and any proceeds deriving therefrom,including proceeds from the investment of funds of the Corporation and proceeds derived from the sale of Obligations,may be expended by the Corporation for its authorized purposes consistent with the Act. Section 4.6 Issuance of Obligations. No Obligations,including refunding Obligations, shall be authorized or sold and delivered by the Corporation unless the City Council approves such Obligations by action taken prior to the date of sale of the obligations. ARTICLE V: MISCELLANEOUS PROVISIONS Section 5.1 Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Certificate of Formation. (b) The Corporation shall have and shall continuously designate a registered agent at its office, as required by the Act. Section 5.2 Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.3 Seal. The seal of the Corporation shall be determined by the Board. Section 5.4 Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and delivered to the City Secretary, and shall take effect upon appointment of a successor. Section 5.5 Approval by City Council or Advice and Consent of the City. To the extent that these bylaws or the Certificate of Formation refer to any approval by the City Council, such approval shall be evidenced by a certified copy of a resolution, ordinance or motion duly adopted by the City Council.To the extent that that these bylaws or the Certificate of Formation refer to advice and consent of the City, such advice and consent can be in the form of City Council approval or other approval by the City Manager, or designee, when appropriate. Section 5.6 Services of City Staff and Officers. The Corporation shall pay for all services provided to the Corporation by City staff. Subj ect to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services of the staff and employees of the City. All requests for staff time or inquiries of staff will be requested through the executive director of the Corporation. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services shall not materially interfere with the other duties of such personnel of the City. Reasonable compensation for services provided by City staff,including City staff serving as an officer for the Corporation, is the amount determined by the allocation study conducted annually for the City,or such other method used by the City to make that determination. Section 5.7 Indemnification of Directors, Officers and Emplovees. (a) As provided in the Act,the Corporation is,for the purposes of the Texas Tort Claims Act (Subchapter A,Chapter 101,Texas Civil Practices and Remedies Code),a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board,its Officers,and its employees and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense,including attorneys' fees,incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. ARTICLE VI: EFFECTIVE DATE,AMENDMENTS Section 6.1 Effective Date. These bylaws shall become effective upon the occurrence of the following events: (1) the approval of these bylaws by the City Council; and (2) the adoption of the bylaws by the Board. Section 6.2 Amendments to Bylaws. These bylaws may be amended only in accordance with the requirements of the Act. so 0 0 AGENDA MEMORANDUM /NCORPOR I- Future Item for the City Council Meeting of May 8, 2018 1 2 Action Item for the City Council Meeting of May 15, 2018 DATE: May 8, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Member Everett Roy as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The purpose of this item is to appoint Council Member Everett Roy as a board member of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporation (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCIC) is incorporated under the Texas Non-profit Corporations Act and, therefore, appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. On April 24, 2018, the City Council appointed Everett Roy to fill the District 1 seat vacated by Council Member Carolyn Vaughn upon her resignation. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Housing and Community Development Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board roster sheets: CCHFC and CCIDC City Of Corpus Christi CORPUS CHRISTI HOUSING FINANCE CORPORATION BOARD ROSTER MICHAEL T. HUNTER Appointing Authority :ity Council Position vice-rresiaent ®. Apr 19, 2016 - Dec 13, 2018 ........................................................ .......... ................................ ............................................................................................................................................. JOE MCCOMB Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ............................................................................................................................................................................................................................................................................................................................................................................. DEBBIE LINDSEY-OPEL Appointing Authority City Council Jul 18, 2017- Dec 13, 2018 ............................................................................................................................................................................................................................................................................................................................................................................. PAULETTE GUAJARDO Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ................................................... ........................................................................................................................................................................................................ BEN MOLINA Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. GREG SMITH Appointing Authority City Council fW__ � Dec 20, 2016- Dec 13, 2018 ..................................... ............... ......................................................................_ _ _ _ .................................................................................................................................. ® RUDY GARZAAppointing Authority City Council IMMIPosition President Jan 13, 2015- Dec 13, 2018 .................................. .............................................................................................................................................................................................................................................................................. LUCY RUBIO Appointing Authority City Council ® 1IMMI Jan 13, 2015- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. ® VACANCY Appointing Authority City Council CORPUS CHRISTI HOUSING FINANCE CORPORATION Page 1 of 1 City Of Corpus Christi CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BOARD ROSTER _ GREG SMITH Appointing Authority ity Council Dec 20, 2016- Dec 13, 2018 ........................................................ ........... ................................................................................................................................................................................................................ RUDY GARZA Appointing Authority City Council Jan 13, 2015- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. MICHAEL T. HUNTER Appointing Authority City Council Apr 19, 2016 - Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. JOE MCCOMB Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ...................................................................................................................................................................................................................................................................................................................................................... CLUCY RUBIO - Appointing Authority City Council 11=01 Jan 13, 2015 Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. DEBBIE LINDSEY-OPEL Appointing Authority City Council 'WW_ � Jul 18, 2017- Dec 13, 2018 ........................................................... ..................................................................................................................................................................................................................................... ® PAULETTE GUAJARDO Appointing Authority City Council IEM-* Dec 20, 2016 Dec 13, 2018 ...................................................... ................................................................................................................................................................................................................................................................................................. BEN MOLINA Appointing Authority City Council ® Dec 20, 2016- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. ® VACANCY Appointing Authority City Council CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Page 1 of 1 �vs cr� c° 110 H P AGENDA MEMORANDUM NCoRpaq 1,o Future Item for the City Council Meeting of May 8, 2018 1852 Action Item for the City Council Meeting of May 15, 2018 DATE: May 8, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Member Everett Roy as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The purpose of this item is to appoint Council Member Everett Roy as a board member of the Coastal Bend Health Facilities Development Corporation (CBHFDC) and the Coastal Bend Cultural Education Facilities Finance Corporation (CBCEFFC). BACKGROUND AND FINDINGS: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. On April 24, 2018, the City Council appointed Everett Roy to fill the District 1 seat vacated by Council Member Carolyn Vaughn upon her resignation. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board roster sheets: CBHFDC and CBCEFFC City Of Corpus Christi COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION BOARD ROSTER _ DEBBIE LINDSEY-OPEL Appointing Authority City Council 'OF � Jul 18, 2017- Dec 13, 2018 ........................................................ ........... .................................................................................................................................................................................................. ® LUCY RUBIOAppointing Authority City Council Jan 13, 2015- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. BEN MOLINA Appointing Authority City Council qW � Dec 20, 2016- Dec 13, 2018 .......................................................................................................................................................................................................................................................................................................................................................................... RUDY GARZA Appointing Authority City Council 1 Jan 13, 2015- Dec 13, 2018 ........................................... ........................................................................................................................................................................................................ 6 PAULETTE GUAJARDO Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. ® JOE MCCOMB Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ...................................... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..................................................................................................................................................................................................................................................... ® MICHAEL T. HUNTER Appointing Authority City Council Apr 19, 2016 Dec 13, 2018 ................................................................. ................................................................................................................................................................................................................................................................................................. GREG SMITH Appointing Authority City Council ® Dec 20, 2016- Dec 31, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. ® VACANCY Appointing Authority City Council COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Page 1 of 1 City Of Corpus Christi COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION BOARD ROSTER MICHAEL T. HUNTER Appointing Authority :ity Council ®.•� Apr 19, 2016 - Dec 13, 2018 ........................................................ .......... .................................................................................................................................................................................................. GREG SMITH Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ............................................................................................................................................................................................................................................................................................................................................................................. PAULETTE GUAJARDO Appointing Authority City Council 'qW � Dec 20, 2016- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. JOE MCCOMB Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ................................................... ........................................................................................................................................................................................................ BEN MOLINA Appointing Authority City Council Dec 20, 2016- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. DEBBIE LINDSEY-OPEL Appointing Authority City Council �r Jul 18, 2017- Dec 13, 2018 ............................................................................................................................................................................................................................................................ LUCY RUBIO Appointing Authority City Council Jan 13, 2015- Dec 13, 2018 .................................. ................................................................................................................................................................................................................................................................................................. RUDY GARZA Appointing Authority City Council ® 1IMMI Jan 13, 2015- Dec 13, 2018 ................................................................................................................................................................................................................................................................................................................................................................................. ® VACANCY Appointing Authority City Council COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION Page 1 of 1