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HomeMy WebLinkAboutAgenda Packet City Council - 09/18/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 II cctexas.com Meeting Agenda - Final-revised City Council Tuesday, September 18, 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 Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Renee Couture, Assistant City Traffic Engineer. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1178 Proclamation declaring September 17-23, 2018, "United States Constitution Week". Proclamation declaring September 2018, "National Pediatric Cancer Awareness Month". Check Presentation from Mayor's Hurricane Harvey Fund and Parks, Arts, Leisure, and Seniors (PALS) to Corpus Christi Tennis Association - Al Kruse Tennis Courts Swearing-In Ceremony for Newly Appointed Board, Commission, City of Corpus Christi Page 1 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES (NONE) b. OTHER G. MINUTES: 2. 18-1179 Regular Meeting of September 11, 2018. Attachments: Minutes -September 11, 2018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-1136 Corpus Christi Convention and Visitors Bureau Ethics Commission Sister City Committee Attachments: Corpus Christi Convention and Visitors Bureau Ethics Commission Sister City Committee I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 27) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 18-1078 Three-Year Service Agreement for Arbitrage Compliance Services Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for$46,500 with two one-year options for a potential multi-year contract amount of$77,500. Attachments: Agenda Memo-Arbitrage Compliance Services.docx Matrix Summary 1269-Arbitrage Compliance Services.pdf Service Agreement 1269 Arbitrage Compliance Services.pdf 5. 18-1128 Type B Economic Development Agreement Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. Attachments: Agenda Memo- Economic Development Agreement 9 11 2018 CCREDC Type B Agreement with City DRAFT 07.09.18 6. 18-1080 Interlocal Agreement for Distribution of Grant Funds Resolution authorizing Interlocal Agreements with City of Robstown for distribution of$10,217 from FY2017 Edward Byrne Memorial Justice Grant City of Corpus Christi Page 3 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Program funds. Attachments: Agenda Memo-JAG 09.11.2018 Resolution -Interlocal Robstown FY 2017 Agreement- Robstown 2017JAG 7. 18-1056 Professional Services Contract for the Area Development Plans Project Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $300,000 for the Area Development Plans project. Attachments: Agenda Memo-Area Development Plans.docx Prosect Budget- E17119&E17120 Area Development Plans Contract-Area Development Plans FNI.pdf Presentation - E17119& E17120 Area Development Plans Location Map-Area Development Plans 8. 18-1027 Professional Services contract for the Automated Pavement Condition Index Survey project Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. Attachments: Agenda Memo-Automated PCI Survey.docx Location Map.pdf Contract Professional Services.pdf Presentation -Automated PCI 9. 18-1058 Professional Services Contract for the Packery Channel Restoration Project Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$301,008 for a total restated fee of$351,005 for the Packery Channel Restoration project. Attachments: Agenda Memo- Packery Channel Restoration HDR Amd 1 Prosect Budget- Packery Channel Restoration HDR Amd 1.xlsx Location Map- Packery Channel Restoration.PDF Contract Amd 1 - Packery Channel Restoration.pdf Presentation - Packery Channel Restoration HDR Amd 1 10. 18-1034 Purchase of Seven Ford Trucks for Parks and Recreation City of Corpus Christi Page 4 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Motion authorizing the purchase of six Ford F-250 trucks and one Ford F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. Attachments: Agenda Memo- Ford F-250 and F-350 Trucks for Parks and Rec RFB 1794 Bid Tabulation - Ford F-250 and F-350 Trucks for Parks and Rec 11. 18-1082 Purchase of three tractors for Parks and Recreation Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. Attachments: Agenda Memo-Tractors for Parks& Rec Price Sheet-Tractors for Parks &Rec 12. 18-1026 Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to exceed $2,013,177.48. Attachments: Agenda Memo-Lease Purchase of Six Trucks and Two Trailers for SWO revise Bid Tabulation - Lease Purchase of Six Trucks and Two Trailers for SWO 13. 18-1055 Purchase of Two Trucks for Utilities Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. Attachments: Agenda Memo-Purchase of Two Trucks for Utilities.docx Price Sheet- Purchase of Two Trucks for Utilities.xlsx 14. 18-1052 Service agreement for Custodial Services for Fleet Maintenance Buildings Motion authorizing a one-year service agreement for custodial services with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of$18,995.16, with two one-year options for a total potential multi-year amount of$56,985.48. Attachments: Agenda Memo-Custodial Services for Fleet Maintenance Buildings.docx Bid Tab-Custodial Services for Fleet Maintenance Buildings.xlsx Service Agreement-Custodial Services for Fleet Maintenance Buildings.lDdf City of Corpus Christi Page 5 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 15. 18-1024 Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. Attachments: Agenda Memo-Carts for Solid Waste Operations.docx Price Sheet-Carts for Solid Waste.xlsx 16. 18-1063 Actuarial Services for Risk Management Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk Consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. Attachments: Agenda Memo-Actuarial Services for Risk Management Matrix 1764-Actuarial Service Agreement 1764-Actuarial Services for Risk Management Final 8.20.1 17. 18-1124 Corpus Christi Convention and Visitors Bureau Contract Amendment Motion authorizing Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. Attachments: Agenda Memo- FY18 CVB Agreement Month to Month Extension Amendment-CVB FY18 Contract Amendment(Month to Month Extension)8 3 CCCVB FY 2016 Agreement EXECUTED 18. 18-0965 Second Reading Ordinance - Rezoning property at or near 7001 South Staples Street (1st Reading 9/11/18) (3/4 Vote Required) Case No. 0718-03 Dr. Haysam Dawod, DDS: Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Attachments: Agenda Memo 0718-03 Dr. Haysam Dawod, DDS Ordinance Special Permit 0718-03 Dr. Haysam Dawod, DDS CC Report 0718-03 Dr. Haysam Dawod, DDS Presentation Dr. Haysam Dawod, DDS City of Corpus Christi Page 6 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 19. 18-0966 Second Reading Ordinance - Rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road (1st Reading 9/11/2018) (3/4 Vote Required) Case No. 0718-04 May Dev, LP: Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. Attachments: Agenda Memo 0718-04 May Dev, LP Ordinance Special Permit 0718-04 Mav Dev, LPrev CC Report 0718-04 Mav Dev, LP Presentation Mav Dev, LP 20. 18-1137 Second Reading Ordinance -Amending the Unified Development Code to clarify language in specific areas (1st Reading 9/11/18) Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, water trust fund, and wastewater trust fund. Attachments: Agenda Memo-Text Agenda Memo. 9.11.2018 Platting and Zoning Ordinance. UDCTxtAmendments 09.12.2018 Revised Presentation - UDC Amendments 21. 18-1090 Second Reading -Amending the Unified Development Code regarding floodplain administration regulations (1st Reading 9/11/18) Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. Attachments: Agenda Memo Text Agenda Memo. 9.11.2018 Ordinance UDC Text Amendment. 9.11.2018 Presentation UDC Text Amendment 22. 18-1091 Second Reading Ordinance -Adopting the Preliminary Flood Insurance Rate Maps (1st Reading 9/11/18) Ordinance amending the Code of Ordinances to adopt the preliminary City of Corpus Christi Paye 7 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 flood insurance rate maps; and providing for penalty. Attachments: Agenda Memo Flood Hazard Prevention Code Ordinance Flood Hazard Prevention Code Presentation Flood Hazard Prevention Code 23. 18-1065 Second Reading Ordinance -Accepting a Grant to support the Web Based Emergency Operations Center (WEBEOC) (1st Reading 9/11/18) Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. Attachments: Agenda Memo-CBRAC Ordinance -CBRAC 24. 18-1084 Second Reading Ordinance -Appropriation of Increased Revenue at the City's Warehouse (1st Reading 9/11/18) Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. Attachments: Agenda Memo-Appropriation for Warehouse Sales 8-24-18 Ordinance Warehouse Addl Rev Appropriation vFinal 25. 18-1061 Second Reading Ordinance -Appropriating funds and approving contract for High Intensity Activated Crosswalk (HAWK) Traffic Signal at Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) (1st Reading 9/11/18) Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado-Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of$164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). Attachments: Agenda Memo- HAWK Ocean Dr Del Mar Blvd Appropriate Funds CIP Constru Ordinance - HAWK Ocean Dr Del Mar Blvd Project Budget- HAWK Ocean Dr Del Mar Blvd Location Map HAWK Ocean Dr Del Mar Blvd Presentation HAWK Ocean Dr Del Mar Blvd Letter of Recommendation - HAWK Ocean Dr Del Mar Blvd Advance Funding Agreement- HAWK Ocean Dr Del Mar Blvd City of Corpus Christi Paye 8 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 26. 18-1068 Second Reading Ordinance -Agreement for Frontera Historical and Cultural Events (1st Reading 9/11/18) Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018. Attachments: Agenda Memo- Frontera Event Ordinance - Frontera event Frontera Lease -signed 27. 18-1086 Second Reading Ordinance -Accepting and Appropriating Grant Funds from the National Recreation and Park Association (1 st Reading 9/11/18) Ordinance accepting a grant in the amount of$15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. Attachments: Agenda Memo- NRPA Grant Appropriation Ordinance NPRA MOU - National Recreation and Park Association 082318 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. BUDGET RELATED ITEMS: (ITEMS 28 - 32) 28. 18-1062 Amendment to Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. Attachments: Agenda Memo- Financial Policy Resolution -08292017-Clean 031240 RES -08292017- Redlined Presentation - Financial Policies- FY2019 EH 29. 18-1139 Second Reading Ordinance -Adoption of Proposed FY 2018-2019 Operating Budget (1st Reading 9/11/18) Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the county clerk; appropriating monies as provided in the budget; and providing for severance. City of Corpus Christi Paye 9 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Attachments: Agenda Memo- FY 2018-2019 1st Reading Operating Budget Ordinance FY 2018-2019 Budget Schedule of Adjustments FY19 20 A- Presentation-1st Reading Op Budget 20 B- Presentation -Police Department Budget FY 2018-2019 20 C- Presentation -Fire Department Budget FY 2018-2019 30. 18-1132 Second Reading Ordinance - Ratifying increase in property tax revenues from FY2017-2018 Operating Budget (1st Reading 9/11/18) Ordinance to ratify increase of$7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. Attachments: Agenda Memo- Ratify Property Tax Ordinance FY 2018-2019 Budget 31. 18-1151 Second Reading Ordinance -Approving Fiscal Year 2018 - 2019 Capital Budget and Capital Improvement Planning Guide (1st Reading 9/11/18) Ordinance approving the Fiscal Year 2018-2019 Capital Budget and Capital Improvement Planning Guide in the amount of$197,583,700. Attachments: Agenda Memo- 1st Reading CIP Ordinance FY19 CIP Presentation - FY19 CIP my 32. 18-1075 Resolution approving Parks and Recreation fees for fiscal year 2018-2019 Attachments: Agenda Memo- FY18-19 Parks&Recreation Proposed Fee Schedule Resolution -PR Fee 09-06-2018 Fee Schedule - Parks and Recreation FY19 9.7.18 N. PUBLIC HEARINGS: (ITEMS 33 - 35) 33. 18-1117 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286). Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (3/4 vote required) Planning Commission and Staff Recommendation (August 8, 2018): City of Corpus Christi Page 10 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Attachments: Agenda Memo 0818-01 Joshua Kosarek Ordinance CN-1 0818-01 Joshua Kosarek Ordinance ON 0818-01 Joshua Kosarek CC Report 0818-01 Joshua Kosarek Presentation 0818-01 Joshua Kosarek 34. 18-1120 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4441 South Alameda Street. Case No. 0818-02 Texas Star Investments, Inc: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. (3/4 Vote Required) Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District in lieu thereof: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) Attachments: Agenda Memo 0818-02 Texas Star Investments, Inc Ordinance 0818-02 Texas Star Investments, Inc Ordinance Special Permit 0818-02 Texas Star Investments, Inc CC Report 0818-02 Texas Star Investments, Inc Presentation 0818-02 Texas Star Investments, Inc 35. 18-1121 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 1804 Buford Avenue. Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit.(3/4 Vote Required) Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit, in lieu thereof: City of Corpus Christi Page 11 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit Attachments: Agenda Memo 0818-03 The Salvation Army Ordinance CG-1 Special Permit 0818-03 The Salvation Army Ordinance RS-6 Special Permit 0818-03 The Salvation Army Presentation 0818-03 The Salvation Army CC Report 0818-03 The Salvation Army O. REGULAR AGENDA: (ITEMS 36 - 37) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 36. 18-1141 Ordinance Setting the Property Tax Rate Ordinance setting a property tax rate of$0.626264 per $100 valuation which is effectively a 6.63% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo-Setting the Tax Rate Ordinance - FY2019 Tax Rate Adoption vFinal 20180906 37. 18-1157 Resolution authorizing a Service Agreement for purchase and installation of an ambulance chassis Resolution authorizing a service agreement with Knapp Chevrolet of Houston, Texas, for the purchase and installation of an ambulance chassis for $83,825. Attachments: Agenda Memo-Ambulance Repair Price Sheet-Ambulance Repair(2) Fire -Resolution -Ambulance Repair 2018 Service Agreement-Ambulance Repisr P. FIRST READING ORDINANCES: (ITEMS 38 -47) 38. 18-1159 First Reading Ordinance -Appropriating funds from the Recovery on Damage Claims Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71. Attachments: Agenda memo-appropriate recovery funds Ordinance - Recovery on damage claims-2018 City of Corpus Christi Page 12 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 39. 18-1096 First Reading Ordinance -Accepting and appropriating grant funds for Fire Department Ordinance authorizing acceptance of$1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund. Attachments: Agenda Memo- NuStar Ordinance - NuStar Grant 2018 40. 18-1142 First Reading Ordinance -Amending the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. Attachments: Agenda Memo-WIC Grant 10-1-2018 to 10-1-2019 (Rev.)(aJD9-12-2018 Ordinance (WIC 10-1-2018 to 10-1-2019)-Rev. (aYD9-4-2018 (Final Approved by L WIC HHSC Grant No. 2017-049800-001 (Amend. No.2) 10-1-2018 to 10-1-201 41. 18-1059 First Reading Ordinance - Construction Contract for Laguna Shores Road Force Main Replacement (Capital Improvements Program (CIP) Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). Attachments: Agenda Memo Laguna Shores Ordinance - Laguna Forcemain - Resect Low Bid Prosect Budget- Laguna Shores Location Map.pdf Presentation - Laguna Shores (rev1) Recommendation Letter 08-09-18.pdf 42. 18-1060 First Reading Ordinance -Accepting and Appropriating funds and approving Construction Contract for Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Phase II projects Ordinance to accept and appropriate Airport Grant#57 in Fund 3020; City of Corpus Christi Page 13 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of$7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. Attachments: Agenda Memo-CCIA Rehabilitate Terminal Apron, Phase 2&East GA Apron, Ordinance-CCIA Rehabilitate Terminal Apron, Phase 2& East GA Apron, Phas Prosect Budget-CCIA Rehabilitate Terminal Apron, Phase 2& East GA Apron, Location Map-CCIA Rehabilitate Terminal Apron, Phase 2 &East GA Arpon, P Presentation -CCIA Rehabilitate Terminal Apron, Phase 2&East GA Arpon, Pr Letter of Recommendation -CCIA Rehabilitate Terminal Apron, Phase 2&East Grant 57 Offer 43. 18-1153 First Reading Ordinance -Authorizing an Airline Use and Lease Agreement with American Airlines Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. Attachments: Agenda Memo-American Airlines AULA Ordinance -American Airlines Lease vFinal 20180907 Lease Agreement-American Airlines 44. 18-1154 First Reading Ordinance -Authorizing an Airline Use and Lease Agreement with Southwest Airlines Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. Attachments: Agenda Memo-Southwest Airlines AULA Ordinance -Southwest Airlines Lease vFinal 20180910 Lease Agreement-Southwest Airlines Budget Related First Reading Ordinances: (ITEMS 45 -47) 45. 18-1107 First Reading Ordinance -Amending City Code regarding utility taps and connections Ordinance amending City Code Sections 55-70 through 55-72 regarding utility taps and connections. Attachments: Agenda Memo Tapping Fees Ordinance -ARTICLE V Presentation - Meter Sets and Tap Fees City of Corpus Christi Page 14 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 46. 18-1089 First Reading Ordinance -Amending City Code to increase collection fees for Solid Waste Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. Attachments: Agenda Memo-SW Rate Increase.docx Ordinance -SW Rate Increase.docx Presentation -Solid Waste Rate Increase 47. 18-1205 First Reading Ordinance - Transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area Ordinance transferring $23,000 from the City Council business accounts in the General Fund to the Comprehensive Planning Department Budget for Beach Erosion, Drainage, and 3D modeling work for the North Beach area. Attachments: Agenda Memo for North Beach study Ordinance - North Beach Q. FUTURE AGENDA ITEMS: (ITEMS 48 - 56) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 48. 18-0931 Resolution authorizing a Service Agreement for the Purchase of Code Enforcment Applications Software License Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. Attachments: Agenda Memo-GovQA Code Enforcement Applications Software License Resolution -GovQA Code Enforcement Applications Software License Price Sheet-GovQA Code Enforcement Applications Software License Master Service Agreement-GovQA Code Enforcement Applications Software L 49. 18-1025 Purchase of Veterinary Medicines and Supplies for Animal Care Services Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. Attachments: Agenda Memo-Veterinary Medicines and Supplies Bid Tab-Veterinary Medicines and Supplies Rev Supply Agreement-Veterinary Medicines and Supplies City of Corpus Christi Page 15 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 50. 18-1057 Professional Services Contract Amendment No. 1 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation (Capital Improvement Program) Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. Attachments: Agenda Memo- Headworks&Grit Removal Rehabilitation Project Budget-Greenwood WWTP- Headworks&Grit Removal Rehabilitation Location Map-Greenwood WWTP -Headworks&Grit Removal Rehabilitation Presentation - Greenwood WWTP- Headworks Grit Removal Rehabilitation RE Contract-Greenwood WWTP -Headworks&Grit Removal Urban.pdf 51. 18-1085 Lease-Purchase of Two Dump Trucks and One Excavator for Street Operations Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of$765,824.59. Attachments: Agenda Memo-Lease Purchase of Two Trucks and One Excavator for Street D Price Sheet- Lease Purchase of Two Trucks and One Ecavator for Street Ope 52. 18-1087 Lease Purchase of Vactor Truck and Heavy Equipment for Utilities Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. Attachments: Agenda Memo-Lease Purchase of Vactor Truck and HeavV Equipment for Utilit Price Sheet- Lease Purchase of Vactor Truck and Heavy Equipment for Utilitie 53. 18-1133 Purchase of Auto Parts for Fleet Maintenance Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. Attachments: Agenda Memo-Auto Parts for Fleet SuppIV Agreement City of Corpus Christi Page 16 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 54. 18-1088 Professional Services Contract Solid Landfill Groundwater Monitoring Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. Attachments: Agenda Memo-Solid Waste Groundwater Monitoring Project Budget-Solid Waste Groundwater Monitoring Location Map Solid Waste Groundwater Monitoring Presentation Solid Waste Groundwater Monitoring Contract-Solid Waste Groundwater Monitoring 55. 18-1129 Meal Delivery Service for Senior Community Services and Summer Feeding Program Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. Attachments: Agenda Memo- Meal Delivery Service for Parks and Recreation Bid Tabulation- Meal Delivery Service for Parks and Recreation Service Agreement 1490- Meal Delivery Service for Parks and Recreation 56. 18-1021 Supply Agreement for Purchase of Hydrofluorsilicic Acid for Water Treatment at O. N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. Attachments: Agenda Memo-Hydrofluorosilicic Acid for WTP.docx Bid Tabulation- Hvdrofluorosilicic Acid for WTP.xlsx Supply Agreement- Hvdrofluorosilicic Acid for Water Treatment R. 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. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. S. EXECUTIVE SESSION: (ITEMS 57 - 59) PUBLIC NOTICE is given that the City Council may elect to go into executive session at City of Corpus Christi Page 17 Printed on 9/17/2018 City Council Meeting Agenda-Final-revised September 18,2018 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. 57. 18-1099 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to the disposal of solid waste and/or recycling, including but not limited to, the City's contracts with Republic Services, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, force majeure provisions in contracts involving the aforesaid companies and or services, calculation of rates therein, and provisions related to termination thereof. 58. 18-1100 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the case of Graham Construction Services, Inc. et al v. City of Corpus Christi et al, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s), including the law firms of Kilpatrick, Townsend, Stockton, LLP, Hartline Dacus Barger Dreyer, LLP, Navigant Consulting, Inc., Scott Hibbs PE, Enprotec, Hibbs & Todd Inc., and other entities providing professional services for the aforesaid case. 59. 18-1217 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 PUC Docket No. 48577, SOAH Docket No. 473-18-5092, Application of AEP Texas Inc for Determination of System Restoration Costs and other matters related thereto. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 18 Printed on 9/17/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Tuesday, September 11, 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 11:34 a.m. B. Invocation to be given by Pastor Steve Hartwick, First Baptist Church. Pastor Steve Hartwick gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Billy Delgado, Emergency Management Coordinator. Emergency Management Coordinator Billy Delgado led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 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 E. Proclamations /Commendations 1. Proclamation declaring September 8-15, 2018, "Flags for Heroes Week". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb welcomed the City of Rockport's Mayor, Patrick Rios, and various City officials who thanked the City of Corpus Christi for their assistance after Hurricane Harvey. Mayor McComb presented the proclamation and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Garrett Dorsey, 14878 Granada,spoke regarding great events occurring in the community and affordable housing. Katya Wowk, 14718 Aquarius,spoke in support of Agenda Item 29, amending the City Code to adopt higher standards for Flood Hazard Prevention and asked the City Council to consider adopting 2 feet of freeboard. Carolyn Vaughn,4214 Spring Creek, spoke regarding water bill charges and Agenda Item 53, an executive session regarding the City Manager. Margareta Fratila, 3606 Tripoli Drive, spoke regarding water bill charges and asked the City Council to consider waiving water bills for utility customers in the month of November. Carrie Robertson Meyer, 4401 Gulfbreeze Boulevard,thanked Council Member Roy for nominating Bobby Broderick for the Parks and Recreation Advisory Committee; provided an update on behalf of the North Beach Community Association; and spoke regarding the condition of Gulfbreeze Boulevard. Philippe Tissot, 3560 Aransas,spoke regarding Agenda Item 28 adopting the preliminary flood insurance rate maps and Agenda Item 29, amending the City Code to adopt higher standards for Flood Hazard Prevention and regarding taking caution City of Corpus Christi Page 2 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 when considering flood zones. Patricia Polastri, 1605 Ocean Drive,spoke in support of Agenda Item 32, approving a contract for a High Intensity Activated Crosswalk(HAWK)Traffic Signal at Ocean Drive and Del Mar Boulevard and asked the City Council to consider speed bumps.Ashley Bennis, 1921 Waldron Road,spoke in support of Agenda Item 28 adopting the preliminary flood insurance rate maps and Agenda Item 29, amending the City Code to adopt higher standards for Flood Hazard Prevention. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: a. STRATEGIC FUTURE ISSUES (NONE) b. OTHER 1) Hurricane season has begun and staff has been participating with State and local Emergency Coordination meetings to monitor tropical storms in the Atlantic and Caribbean Oceans. The City encourages the public to please stay alert to weather conditions and keep their eye on the news to know if these storms might be headed our way. 2)The City of Corpus Christi is expanding the Saturday Sandbag Program to Wednesday, September 12,2018, Thursday, September 13,2018 and Friday, September 14, 2018 from 8:00 a.m.to 3:00 p.m. at the J.C. Elliott Collection Center, Hwy 286 at Ayers; and Saturday, September 15,2018 from 8:00 a.m.to 1:00 p.m. at the Paul Jones Sports Complex located at 1901 Paul Jones Avenue. 3)The City of Corpus Christi's Proposed Bond 2018 Information Guide is available to the public online and at City facilities. The guide is published in both English and Spanish. Information can be found at www.cctexas.com/bond20l8.4)Interim City Manager Selman introduced Director of Water Utilities Kevin Norton and Director of Intergovernmental Relations Tammy Embrey. G. MINUTES: 2. Regular Meeting of August 28, 2018 and Special Meeting of August 10, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi Convention and Visitors Bureau Corpus Christi Downtown Management District Food Service Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Convention &Visitors Bureau City of Corpus Christi Page 3 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Council Member Smith made a motion to reappoint Ed Cantu (At-Large), Christina A. Cisneros (At-Large),James Kunau (Attraction Industry), and Jason Rodriguez(Restaurant Industry),seconded by Council Member Hunter and passed unanimously. Council Member Smith made a motion to confirm the appointment of Jorge Cruz-Aedo(Regional Transportation Authority),seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Lindsey-Opel nominated Regina Garcia-Posada(At-Large). Council Member Smith nominated Daniel R. Suckley(At-Large). Council Member Molina nominated Dusty Oliveira(At-Large). Council Member Hunter nominated Sam Canavati (At-Large). Sam Canavati (At-Large)was appointed with Council Members Hunter, Molina, Roy, Guajardo, Smith, Lindsey-Opel and Rubio voting for Sam Canavati; Council Members Molina, Roy, Garza, and Rubio voting for Dusty Oliveira; Mayor McComb and Council Members Hunter Guajardo and Smith voting for Daniel R. Suckley; and Mayor McComb and Council Members Garza and Lindsey-Opel voting for Regina Garcia-Posada. A run-off was conducted between Daniel R. Suckley and Dusty Oliveira. Daniel R. Suckley(At-Large)was appointed with Mayor McComb and Council Members Lindsey-Opel, Smith, Guajardo, and Hunter voting for Daniel R. Suckley and Council Members Rubio, Garza, Roy and Molina voting for Dusty Oliveira. Corpus Christi Downtown Management District Council Member Garza made a motion to reappoint Ajit David (Agent, Employee or Tenant), Harold Shockley,Jr. (Agent, Employee or Tenant), Caitlin Shook(Agent, Employee or Tenant), Dee Dee Perez(Agent, Employee or Tenant), Glenn R. Peterson (Property Owner), Eric R. Gutschow(Property Owner), Brad Lomax(Property Owner), Casey Lain (Property Owner), and Lexi Buquet(Property Owner), seconded by Council Member Lindsey-Opel and passed unanimously. Food Service Advisory Committee Council Member Garza made a motion to reappoint George Brown (Food Industry), Malcolm De Shields (Community At-Large), and Julio A. Garza(Food Industry),seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Smith made a motion to appoint Alana L. Fischer(Food Industry),seconded by Council Member Lindsey-Opel and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 19) City of Corpus Christi Page 4 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council Members requested that Items 8, 11, and 17 be pulled for individual consideration. There were no comments from the public. Council Member Garza made a motion the approve the Consent Agenda, seconded by Council Member Rubio. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 4. North Padre Island Development Corporation Investment Agreement Motion authorizing an agreement with the North Padre Island Development Corporation for management of the investment of the corporation's funds. This Resolution was passed on the consent agenda. Enactment No: M2018-155 5. Resolution Adopting the La Molina - Near West Existing Conditions Report Resolution adopting an Existing Conditions Report for the La Molina - Near West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South This Resolution was passed on the consent agenda. Enactment No: 031529 6. Four-Year Service Agreement for Pressure Washing Equipment Services Motion authorizing a four-year service agreement with Kingdom Sowers, LLC, of Corpus Christi, Texas for pressure washing equipment services for a total amount not to exceed $111,840.00. This Motion was passed on the consent agenda. Enactment No: M2018-156 City of Corpus Christi Page 5 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 7. Professional Services Contract Amendment No.1 for Defense Economic Adjustment Assistance Grant (DEAGG) Corpus Christi Security Enclave Project Motion to authorize execution of a professional services contract Amendment No. 1 with LNV Inc. of Corpus Christi, Texas in the amount of $211,270 for a total restated fee of$248,769 for Defense Economic Adjustment Assistance Grant (DEAAG) Corpus Christi Security Enclave project. This Motion was passed on the consent agenda. Enactment No: M2018-157 9. Professional Services Contract for Kinney & Power Street Pump Station Improvements Project Motion to authorize execution of a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount $162,527 for Kinney & Power Street Pump Station Improvements project. This Motion was passed on the consent agenda. Enactment No: M2018-159 10. Professional Services Contract for the McGee Beach Nourishment - Boat Basin Dredging Project Motion to authorize execution of a professional services contract with Lockwood, Andrews & Newman, Inc. of Corpus Christi, Texas in the amount of$186,100 for the McGee Beach Nourishment - Boat Basin Dredging project. This Motion was passed on the consent agenda. Enactment No: M2018-160 12. Agreement for HVAC Services for Facilities Department Motion authorizing a three-year Service Agreement with Coastline Refrigeration & Service, LLC of Corpus Christi, Texas for HVAC Services for Facilities Department, for a total amount not to exceed $397,800.00. This Motion was passed on the consent agenda. Enactment No: M2018-161 13. Purchase of Various Vehicles for Street Operations City of Corpus Christi Page 6 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Motion authorizing the purchase of one 2019 F-550 bucket truck from Grande Truck Center of San Antonio, Texas; three 2019 5-7 cubic yard dump trucks from Houston Freightliner Inc. of Houston, Texas; and, one 2019 12 cubic yard dump truck from Houston Freightliner Inc. of Houston, Texas; and one 4-6 Ton Steel Wheel Roller from Anderson Machinery Co. of San Antonio, Texas via HGACBUY and BuyBoard for a total amount not to exceed $764,468.40. This Motion was passed on the consent agenda. Enactment No: M2018-162 14. Service Agreement for Electrical Repair Services Motion authorizing a three-year Service Agreement with Scott Electric Company of Corpus Christi, Texas, for Electrical Repair services, for a total amount not to exceed $152,380. This Motion was passed on the consent agenda. Enactment No: M2018-163 15. Resolution for Reimbursement for Utility Capital Projects Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $50,000,000 for authorized purposes relating to constructing various City improvements; authorizing other matters incident and related thereto; and providing an effective date. This Resolution was passed on the consent agenda. Enactment No: 031531 16. Second Reading Ordinance - Rezoning for a Property located at or near 718 South Navigation Boulevard. (Tabled from 4/17/18) (3/4 Vote Required) (1st Reading 8/28/18) Case No. 1117-01 GMG Partners, LP.: Ordinance amending Zoning Ordinance 030511 on a property at or near 718 South Navigation Boulevard by adding a 36-month time extension to the special permit time limit initially approved. Planning Commission and Staff Recommendation (February 21, 2018): Approval of the extension of the Special Permit for an additional 36 months (3 years). This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Paye 7 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Enactment No: 031532 18. Second Reading Ordinance - Changing Carson Street to One-way Traffic Pattern (1st Reading 8/28/18) City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I - One-way streets and alleys, subsection (a) is revised to add a one-way designation for a portion of Carson Street. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031534 19. Second Reading Ordinance -Amendment to Remove a Portion of the One-Way Designation on Chaparral Boulevard (Bond 2008 & 2014) (1st Reading 8/28/18) City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I - One-way streets and alleys, subsection (a) is revised to remove a portion of the one-way designation on Chaparral Boulevard between Coopers Alley and IH-37. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031535 8. Contribution-In-Aid-of Construction Agreement and Contract for Rodd Field Road Improvements from Yorktown Blvd. to Saratoga Blvd., (Bond 2014, Proposition 2) Motion to authorize execution of a construction contract with Haas-Anderson Construction of Corpus Christi, Texas in the amount of $15,236,240.05 for base bid No. 1 plus Additive Alternate No. 1, and execute a Contribution-In-Aid-of-Construction (CIAC) Agreement with AEP for street lighting (illumination) in the amount of$207,369.75 for the Rodd Field Road Improvements from Yorktown Blvd to Saratoga Blvd project. Mayor McComb referred to Item 8, a construction contract and Contribution-In-Aid-of-Construction Agreement for the Rodd Field Road Improvements from Yorktown Boulevard to Saratoga Boulevard project. Executive Director of Public Works Valerie Gray, Director of Engineering Services Jeff Edmonds and council members discussed the following topics: the life cycle maintenance schedule for asphalt;street design standards for a 30-year life cycle; concerns by a council member regarding not having information related to the maintenance schedule for concrete;the Street Preventive Maintenance Program (SPMP);the expenditures regarding Yorktown Boulevard from Staples Street to Everhart Road;the cost difference between asphalt and concrete;the maintenance budget for this project;the history of how Rodd Field Road was placed on Bond 2014; information regarding if bond projects are coming in under/over budget; reactive City of Corpus Christi Paye 8 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 maintenance on Waldron Road to replace concrete panels; a council member stated that she was not against the use of asphalt, but could not support the project without having information regarding maintenance cost for concrete; a memo provided to City Council in June 2017 regarding the threshold that the cost between concrete and asphalt is no more than $100,000 per lane-mile; photos depicting the condition of Waldron Road between Graham Road and SPID;the sanctity of the bid process; growth and activity on the City's southside and the citizens' concerns regarding traffic; a 50-year life cycle for arterials; the cost of interruption to businesses on Rodd Field Road;the type of traffic on Rodd Field Road;the $2.3 million cost differential between asphalt and concrete;the project scope including a traffic light at Brooks Street; and formal adoption of the cost threshold. Mayor McComb called for comments from the public. Susie Luna Saldana, 4710 Hakel, spoke in support of staff's recommendation to award the project with asphalt.James TC Chadden, 1718 Arlington,spoke in support of building Rodd Field Road with concrete, 6 inches thick and proposed building sidewalks on Ayers Street. Margareta Fratila, 3606 Tripoli,suggested that the City Council consult with specialists and other cities regarding the design of streets. Mayor McComb made a motion to approve the motion,seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Nay: 2- Council Member Guajardo and Council Member Rubio Abstained: 0 Enactment No: M2018-158 11. Service Agreement for Mowing and Grounds Maintenance Services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18 Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18, awarding Three-Year Service Agreements for a total amount not to exceed $231,350. Mayor McComb referred to Item 11, contract mowing, grounds and landscape maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18. Director of Parks and Recreation Jay Ellington and council members discussed the following topics: language in the contract regarding edging,security, and inspection of the sites; and how the City ensures that contractors are not blowing clippings into the streets and how citizens can report contractors should they witness this occurring. There were no comments from the public. Council Member Garza made a motion to approve the resolution,seconded by Council Member Smith. This Resolution was passed and approved with the City of Corpus Christi Page 9 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031530 17. Second Reading Ordinance - Drought Contingency Plan Amendments for Large-Volume Industrial Customers (1st Reading 8/28/18) Ordinance amending the Corpus Christi Code of Ordinances to modify Sections 55-150 and 55-154 and add Section 55-159.1, which will provide an exemption from drought surcharges for large-volume industrial customers who pay a drought surcharge exemption fee, provide a mechanism to opt-out of said fee, dedicate the use of the exemption fee to development of a drought-resistant water supply, and authorize the City Manager to execute a standard form agreement with customers who request a City commitment regarding use of the fee; effective October 1, 2018; and providing for penalties. Mayor McComb referred to Item 17.Water Resource Manager Steve Ramos stated that the purpose of this item is to amend the City's Code of Ordinances regarding large industrial customers to establish a funding source to support future water supply development. Mayor McComb called for comments from the public. Bob Paulison, Executive Director of Port Industries of Corpus Christi,thanked the city staff and industry partners who worked on this process to ensure future water supply. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031533 N. PUBLIC HEARINGS: (ITEMS 24 -25) 24. Public Hearing and First Reading Ordinance - Rezoning property at or near 7001 South Staples Street Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning City of Corpus Christi Page 10 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District.(3/4 vote required) Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval ofthe "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Mayor McComb deviated from the agenda and referred to Item 24. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to allow for the construction of an automated car wash. Ms. Nixon-Mendez stated that the Planning Commission and staff recommend denial of the"CG-2" General Commercial District, and in lieu thereof, approval of the"CN-1/SP" General Commercial District with a Special Permit with conditions. George Clower, 415 Starr Street,the applicant's representative,stated that the applicant is in support of Planning Commission and staff's recommendation. Dr. Haysam Dawod, applicant, requested approval of the zoning change. Council members, Mr. Clower and Dr. Dawod discussed the following topics: the preliminary site plan; notices received in opposition related to access, specifically a curb cut; permission from the Texas Department of Transportation (TxDOT)to obtain a curb cut; and including a stipulation in the ordinance related to the applicant obtaining a curb cut. Mayor McComb opened the public hearing. George Ghably, Tejas Forensic Engineering,stated that he did not believe TxDOT would approve the permit application for a curb cut. Mr. Ghably added that if a stipulation was placed in the ordinance requiring the applicant to obtain a curb cut and the permit was not approved by TxDOT, it would stop the project. Mayor McComb closed the public hearing. Council members discussed the follow topics:the verbal agreement from TxDOT to approve a curb cut on Staples Street and the joint access easement in the plat. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 City of Corpus Christi Page 11 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 25. Public Hearing and First Reading Ordinance - Rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "IL" Light Industrial District.(3/4 vote required) Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Mayor McComb referred to Item 25. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of an auto sales and service and boat sales and service establishment with service areas. Ms. Nixon-Mendez stated that Planning Commission and staff recommend denial of the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP"General Commercial District with a Special Permit with conditions. Mayor McComb opened the public hearing. George Clower,415 Starr Street, the applicant's representative,stated that the applicant is in agreement with a majority of the conditions with the exception of Special Permit Conditions Items 7 and 9. The applicant is requesting to remove Special Permit Condition Item 7, Vehicular Access, and amend Special Permit Condition Item 9, Time Limit, by increasing the time limit from 12 months to 18 months. Alex May, property owner, requested that the language in Special Permit Condition Item 9 stating that the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months, be amended to exclude forces of nature or provide a better definition as to how the Special Permit could be discontinued. Council members and staff discussed the following topics:staff's support to amend the language in Special Permit Condition Item 9 to reflect that the Special Permit would be discontinued due to the closure of the business and expire within 18 months; staff's concern regarding Special Permit Condition Item 7 is that the condition was put in place to discourage through-traffic into the residential neighborhood; and if other dealerships have similar vehicular access conditions. Council Member Lindsey-Opel made a motion to amend the ordinance regarding Special Permit Condition Item 9 to reflect that the Special Permit would be discontinued due to the closure of the business and expire within 18 months,seconded by Council Member Hunter and passed unanimously. City of Corpus Christi Page 12 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Council Member Lindsey-Opel made a motion to amend the ordinance by deleting Special Permit Condition Item 7,seconded by Council Member Smith and passed unanimously. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Smith. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 S. EXECUTIVE SESSION: (ITEM 53) Mayor McComb referred to Executive Session Item 53. The Council went into executive session at 2:35 p.m. The Council returned from executive session at 4:07 p.m. 53. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor McComb referred to Item 53. Mayor McComb stated that the City Council has requested that Director of Human Resources Steven Viera invite Ralph Andersen &Associates of Rocklin, California and Slavin Management Consultants of Norcross, Georgia to interview for the City Manager Recruitment Process. The following motion was considered: Motion to increase Interim City Manager Keith Selman's salary from$200,000 plus $7,200 car allowance to a total annual salary of$220,000 plus $7,200 car allowance. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-166 L. RECESS FOR LUNCH City of Corpus Christi Page 13 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 The recess for lunch was held during Executive Session Item 53. M. BUDGET RELATED ORDINANCES: (ITEMS 20 -22) 20. First Reading Ordinance -Adoption of Proposed FY 2018-2019 Operating Budget Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the county clerk; appropriating monies as provided in the budget; and providing for severance. Mayor McComb referred to Item 20. Interim City Manager Keith Selman stated that the purpose of this item is to provide an overview of the proposed FY2018-2019 Operating Budget, including an overview of the Police and Fire Department budgets. Director of Management and Budget Eddie Houlihan provided an overview of the Proposed FY2018-2019 Operating Budget including:the full-time equivalent count; revenues and total expenditures; a history of the property tax rates; the projected fund balance in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds; and second reading and final adoption of the Operating Budget and Capital Budget on September 18,2018. Police Chief Mike Markle provided an overview of the Police Department's budget including:the mission and mission elements; key services related to full-time equivalents; a list of efficiencies achieved in FY2018 and planned for FY2019;employees and revenues; and total expenditures. Council members and Chief Markle discussed the following topics:to prioritize a plan to address the shortage of police officers; appreciation to the Police Department and the Corpus Christi Police Officers'Association for working to reduce the cost of benefits; a reduction in the number of police officers in the current budget; and the Crime Control and Prevention District's budget not being included in the overview. Fire Chief Robert Rocha provided an overview of the Fire Department's budget including:the mission and mission elements; key services and related full-time equivalents; a list of efficiencies achieved in FY2018 and planned for FY2019; employees and revenues; and total expenditures. Council members and staff discussed the following topics: a plan for staffing Fire Station 18; making staffing a priority; and the number of Fire Academy graduates planned for FY2019. Council members and Mr. Houlihan discussed the following topics:the projected FEMA reimbursement related to Hurricane Harvey; the projected fund balances; and the reduction of the Internal Service Fund balance to repair Fire Station roofs. There were no comments from the public. Council Member Garza made a motion to approve the ordinance,seconded by City of Corpus Christi Page 14 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 21. First Reading Ordinance - Ratifying increase in property tax revenues from FY2017-2018 Operating Budget Ordinance to ratify increase of$7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. Mayor McComb referred to Item 21. Director of Management and Budget Eddie Houlihan stated that the Texas Local Government Code provides that adopting a budget that requires raising more property tax revenue than the previous year requires a separate vote of the City Council. The purpose of this ordinance is to ratify the increase of$7,680,380 in property tax revenues. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 22. First Reading Ordinance -Approving Fiscal Year 2018 -2019 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2018-2019 Capital Budget and Capital Improvement Planning Guide in the amount of$197,583,700. Mayor McComb referred to Item 22,first reading of the FY2018-2019 Capital Budget and Capital Improvement Planning Guide.Assistant City Manager Mark Van Vleck stated that the purpose of the Capital Budget and Capital Improvement Planning (CIP)Guide is to identify, prioritize,fund and construct capital improvement projects. It provides the scope and schedules for projects planned over the next ten years and details specific information on projects programmed within the next three years.Assistant City Manager Mark Van Vleck provided the following information: a review of the document's sections; examples of a project sheet; and highlighted projects and funding sources for the following:Airport; Parks and Recreation; Public Facilities; Public Health and Safety; Streets; Gas; Storm Water; Water Supply;Water; and Wastewater. Council members and staff discussed the following topics:total capital City of Corpus Christi Page 15 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 reserves; projects to address odor control at the Greenwood Wastewater Treatment Plant;the drainage plan for North Beach and the impact regarding the new Harbor Bridge; a letter received from the Texas Commission on Environmental Quality regarding inspection and the City passing with a superior water quality rating; Ayers Street from SPID to Port and extension of sidewalks to the Regional Transportation Authority(RTA) bus stop,which was requested by a citizen during today's meeting; and the Gateway Project Plan regarding the North Beach Redevelopment Initiatives. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to work with the North Beach Task Force and identify funding sources for completion of the Beach Erosion Drainage Study and a three-dimensional modeling view of the North Beach area in an amount not to exceed $30,000, seconded by Council Member Rubio. Council Member Lindsey-Opel offered to contribute$3,000 from her council member business/travel account. Council Member Garza offered to contribute $2,600 from his council member business/travel account.A brief discussion ensued regarding:the Council Policy related to the use of the council members' business/travel accounts and a legal opinion on the use of the funds. The Motion of Direction was passed unanimously. There were no comments from the public. Mayor McComb requested that staff implement, on the City's website, a section related to responses to questions presented during the noon public comment period. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 N. PUBLIC HEARINGS: (ITEMS 23, 26 - 29) 23. Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate Mayor McComb referred to Item 23. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold the second public hearing on the proposed FY2018 ad valorem tax rate of$0.626264 per$100 valuation. The rate being proposed is two cents higher than the current tax rate,which will be used to address residential streets, as approved by voters in November of 2016. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. City of Corpus Christi Page 16 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Mayor McComb read the following statement: "During the September 18,2018 City Council meeting beginning at 11:30 a.m. at City Hall, the City Council will vote on the proposed property tax rate." 26. Public Hearing and First Reading Ordinance -Amending the Unified Development Code to clarify language in specific areas Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, bar, tavern or pub, water trust fund, and wastewater trust fund. Mayor McComb referred to Item 26. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend five text amendments in the Unified Development Code(UDC). Ms. Nixon-Mendez provided a summary of the following text amendments: an exception from the platting requirement for state-owned properties on beaches, bays, and submerged lands, administered by the Texas General Land Office; clarifying "minor plats";the distance required between a bar, tavern, or pub to churches, schools, daycare centers and public hospitals; eliminating the 5.5%interest payment with water and wastewater lot/acreage fee refunds; and smoking lounges. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council members discussed the following topics:the state municipal code requirement regarding the distance from a bar, tavern, or pub to churches, schools, daycare centers, and public hospitals; the differences between the UDC requirements and state municipal code regarding distances for alcoholic beverage establishments; if staff has reached out to schools regarding the proposed change to the distance to a bar,tavern or pub; a comparative analysis with other cities regarding the distance requirements for bars,taverns, or pubs;staff's recommendation to align the UDC with state municipal code regarding distance requirements for bar,tavern or pub; consideration to increase the recommended distance for a bar,tavern or pub to be a further distance; clarification regarding the definition "in whole or in part" related to smoking lounges and amending the language by providing a percentage of a business establishment; removal of the amendment related to the distance to a bar,tavern or pub for outreach; and determining floor space dedicated to smoking lounges. Council Member Lindsey-Opel made a motion to amend the ordinance by removing the following text amendments:the distance to bar, tavern or pub for staff to provide additional outreach; and smoking lounges to determine the percentage of floor space dedicated to smoking lounges,seconded by Council Member Rubio and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Garza. This ordinance was passed on first reading as amended and approved with the following vote: City of Corpus Christi Page 17 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 27. Public Hearing and First Reading -Amending the Unified Development Code regarding floodplain administration regulations Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. Mayor McComb referred to Item 27. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to remove redundant language from the Unified Development Code(UDC)that is adopted by ordinance, in the City's Code of Ordinances, Chapter 14. Ms. Nixon-Mendez provided an overview of the amendments. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. In response to a council member, Ms. Nixon-Mendez stated that no fees or additional staffing will be required to address Federal Emergency Management Agency(FEMA) map permitting. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 28. Public Hearing and First Reading Ordinance -Adopting the Preliminary Flood Insurance Rate Maps Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty. Mayor McComb referred to Item 28. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the City's Code of Ordinances to adopt the preliminary flood insurance rate maps (FIRMS). Ms. Nixon-Mendez provided the following information:that municipalities have the option of adopting the preliminary FIRMs for construction purposes; adopting the preliminary FIRMS for construction purposes protects the homeowner from paying higher flood insurance premiums once the final FIRMS are adopted and become effective; currently,the preliminary FIRMS are used as best available data as an advisory, but since they are not adopted, the City cannot enforce City of Corpus Christi Page 18 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 compliance at building permit and construction; adoption of the preliminary maps does not change current insurance requirements; and outreach. Mayor McComb opened the public hearing. Wendy Hermann, Executive Officer of the Coastal Bend Homeowners Association (Association), commended staff regarding their outreach to the Association and spoke in opposition to adoption of the FIRMS. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: Oso Creek Appeal and outreach to properties in the appeal area; properties that are moving into the special flood hazard areas along Oso Creek;the percentage of the City impacted by the FIRMS;that the City can provide a letter of map revision should improvements be made to impact an area; and the length of time the City has been working on the FIRMs process. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 29. Public Hearing and First Reading Ordinance -Amending City Code to adopt higher standards for Flood Hazard Prevention Ordinance amending the Code of Ordinances to revise the current language found in the Flood Hazard Prevention Code allowing for Higher Standards; and providing for penalties. Mayor McComb referred to Item 29. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the City's Code of Ordinances to adopt higher standards for Flood Hazard Prevention. The City is a voluntary participant in the National Flood Insurance Program's Community Rating System Program. This program provides points for going above and beyond the minimum standards of a participating community. The points offer different class ratings which result in premium discounts for flood insurance policies in a special flood hazard area.Adopting higher standards promotes increased public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas with a special flood hazard.Adopting the higher standards will result in reduced flood insurance premiums. Ms. Nixon-Mendez presented the following information:the Community Rating System discount;the proposed higher standards including: LiMWA(limit of moderate wave action),freeboard, and non-conversion agreement;the UMWA map;the debris line from Hurricane Harvey in comparison to the proposed LiMWA; photos of erosion and scour on the island after Hurricane Harvey; freeboard;freeboard insurance savings;the non-conversion agreement; and outreach. City of Corpus Christi Page 19 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Mayor McComb opened the public hearing. Wendy Herman, Executive Officer of the Coastal Bend Homeowners Association (Association), spoke regarding negative media reports indicating that the City was increasing standards due to sub-standard building by builders. Ms. Herman stated that the Association does not object to the higher standards, but would like to research how the higher standards will impact the cost of homes. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: how the higher standards will impact citizens;flood damage after Hurricane Harvey;that LiMWA will increase the price of homes;support to increase the freeboard from 1 foot to 2 feet of freeboard;the City's current class 7 rating;the number of points the city will receive for approving the freeboard and non-conversion agreement; and that increasing the freeboard could create drainage issues for neighboring properties. Council Member Smith made a motion to amend the ordinance to increase the freeboard from 1 foot to 2 feet,seconded by Council Member Lindsey-Opel. Discussion on the motion to amend included:the additional costs to increase the freeboard from 1 foot to 2 feet; drainage issues; the reason staff is recommending 1 foot instead of 2 feet of freeboard; that the non-conversion agreement would not impact the sale of property; and additional outreach on the non-conversion agreement. Council Member Smith withdrew his motion to amend; Council Member Lindsey-Opel withdrew her second. Council Member Guajardo made a motion to table the item,seconded by Council Member Molina. The Motion to table passed unanimously. O. REGULAR AGENDA: (NONE) P. FIRST READING ORDINANCES: (ITEMS 30 -34) 30. First Reading Ordinance -Accepting a Grant to support the Web Based Emergency Operations Center(WEBEOC) Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. Mayor McComb referred to Item 30. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from the Coastal Bend Regional Advisory Council for the City's WebEOC operations. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 20 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 31. First Reading Ordinance -Appropriation of Increased Revenue at the City's Warehouse Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. Mayor McComb referred to Item 31.Assistant Director of Financial Services Kim Baker stated that the purpose of this item is to appropriate a projected increase in the City's Warehouse revenue in the amount of$750,000. There were no comments from the public. In response to Mayor McComb, Ms. Baker stated that the increased revenue is related to an increased volume of sales. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 32. First Reading Ordinance -Appropriating funds and approving contract for High Intensity Activated Crosswalk (HAWK) Traffic Signal at Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado-Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of $164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). Mayor McComb referred to Item 32. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve the construction of a High-Intensity Activated Crosswalk(HAWK) Traffic Signal at Ocean Drive and Del Mar Boulevard. There were no comments from the public. City of Corpus Christi Page 21 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Council members and staff discussed the following topics:future consideration to include a speed table in the area;the construction timeline; consideration to install a HAWK near Oak Park Elementary School; and that Traffic Engineering is working with the school districts to identify areas with similar traffic issues. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 33. First Reading Ordinance -Agreement for Frontera Historical and Cultural Events Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018. Mayor McComb referred to Item 33. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize an agreement with the Corpus Christi Convention and Visitors Bureau (CVB)to allow use of La Retama Park for the Frontera event. There were no comments from the public. Council members spoke regarding the following topics: costs associated with parking,traffic control, and barricades;future consideration for the City to purchase water barricades for future festivals and investigating liability; and appreciation to the CVB for sponsoring this historical event. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 34. First Reading Ordinance -Accepting and Appropriating Grant Funds from the National Recreation and Park Association Ordinance accepting a grant in the amount of$15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. Mayor McComb referred to Item 34. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept a grant in the amount City of Corpus Christi Paye 22 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 of$15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 35 - 50) FUTURE AGENDA ITMES Mayor MComb referred to Future Agenda Items. Council members requested information on Items 38, 39,40,41,46, and 50. 35. Three-Year Service Agreement for Arbitrage Compliance Services Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for$46,500 with two one-year options for a potential multi-year contract amount of$77,500. This Motion was recommended to the consent agenda. 36. Type B Economic Development Agreement Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. This Motion was recommended to the consent agenda. 37. Interlocal Agreement for Distribution of Grant Funds Resolution authorizing Interlocal Agreements with City of Robstown for distribution of$10,217 from FY2017 Edward Byrne Memorial Justice Grant Program funds. This Resolution was recommended to the consent agenda. 38. Professional Services Contract for the Area Development Plans Project Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of City of Corpus Christi Page 23 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 $300,000 for the Area Development Plans project. This Motion was recommended to the consent agenda. 39. Professional Services contract for the Automated Pavement Condition Index Survey project Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. This Motion was recommended to the consent agenda. 40. Professional Services Contract for the Packery Channel Restoration Project Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$301,008 for a total restated fee of$351,005 for the Packery Channel Restoration project. This Motion was recommended to the consent agenda. 41. Purchase of Seven Ford Trucks for Parks and Recreation Motion authorizing the purchase of six Ford F-250 trucks and one Ford F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. This Motion was recommended to the consent agenda. 42. Purchase of three tractors for Parks and Recreation Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. This Motion was recommended to the consent agenda. 43. Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to City of Corpus Christi Page 24 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 exceed $2,013,177.48. This Motion was recommended to the consent agenda. 44. Purchase of Two Trucks for Utilities Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. This Motion was recommended to the consent agenda. 45. Service agreement for Custodial Services for Fleet Maintenance Buildings Motion authorizing a one-year service agreement for custodial services with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of$18,995.16, with two one-year options for a total potential multi-year amount of$56,985.48. This Motion was recommended to the consent agenda. 46. Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. This Motion was recommended to the consent agenda. 47. Actuarial Services for Risk Management Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk Consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. This Motion was recommended to the consent agenda. 48. Corpus Christi Convention and Visitors Bureau Contract Amendment Motion authorizing the Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. This Motion was recommended to the consent agenda. City of Corpus Christi Page 25 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Budget Related Future Agenda Items: 49. Amendment to Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. This Resolution was recommended to regular agenda. 50. Resolution approving Parks and Recreation fees for fiscal year 2018-2019 This Resolution was recommended to regular agenda. R. BRIEFINGS: (NONE) S. EXECUTIVE SESSION: (ITEMS 51 - 52) Mayor McComb referred to Executive Session Items 51 and 52. The Council went into executive session at 7:19 p.m. The Council returned from executive session at 8:30 p.m. 51. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the cases of Michael Henry v. City of Corpus Christi and Saenz v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s). Mayor McComb referred to Item 51 and the following motions were considered: Motion to authorize the City Manager or designee thereof to execute all documents necessary to settle the lawsuit of Saenz v. City of Corpus Christi in an amount not to exceed $125,000. Council Member Rubio made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9—Mayor McComb, Council Members Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio, and Council Member Smith Abstained: 0 Enactment No. M2018-164 City of Corpus Christi Page 26 Printed on 9/14/2018 City Council Meeting Minutes September 11,2018 Motion to authorize the City Manager or designee thereof to execute all documents necessary to settle the lawsuit of Henry v. City of Corpus Christi in an amount not to exceed $95,000. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-165 52. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts, navigation districts and/or other governmental entities involving water or other utility services, including potential grants and permits for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said prospect(s). This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 8:32 p.m. City of Corpus Christi Paye 27 Printed on 9/14/2018 City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- TERM LENGTH 2 Years to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority,a representative from the C.C. International Airport and a State Legislature Affairs representative to serve as ex-officio advisory non-voting members.Appointments will be for two-year staggered terms.No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14; Amended By-Laws,8/31/17. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 N.Shoreline,Ste. 430. ................................................................................................................................................................................................................................................................ TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................_._.._.._. DEPARTMENT Convention and Visitors Bureau OTHER INFORMATION _.............................................................................................................................................................................................................................................................................................................................. CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 1 of 2 PLEASE UPLOAD A FILE CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 2 of 2 Corpus Christi Convention and Visitors Bureau(CCCVB) September 18,2018 Three(3)vacancies,two with terms to 10/1/20 representing the following categories:2-Attraction Industry and 1-Port of C.C.Authority(Ex-Officio,Non-voting).(By contract,the CCCVB must nominate at least two individuals for each position.The following individuals are being nominated forAttraction Industry-Steve Banta and Tom Schmid.Staff is recommending the postponement of the Portof C.C.Authority forfurthermcruitment.) Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking Reappointment Other/Non-Resident 2 10/01/I8 Attraction Industry 80%8/10(2 exc.) James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Ineligible Due to Employment Change District 5 2 10/01/18 Attraction Industry Vacancy CORPUS CHRISTI CONVENTION&VISITORS BUREAU Vacant N/A N/A Ex-Officio,Non-voting Port of C.C.Authority Sam Canavati CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/01/20 At-Large Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/20 At-Large Christina A.Cisneros CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/01/20 At-Large Lynn Frazier CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 1 10/01/19 At-Large Daniel R.Suckley CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/20 At-Large Johnny Philipello CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Attraction Industry Raju G.Bhagat CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District I Partial 10/01/19 Hotel Industry Kendra L.Kinnison CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Hotel Industry Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/19 Hotel Industry Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 3 10/01/20 Restaurant Industry Fred F.Soward,III. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Restaurant Industry Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-,Ming C.C.International Airport Keith Selman CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting City Manager Debbie Lindsey-Opel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Mayor Joe McComb's Rep. Jorge Cm,-Aedo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Regional Transportation Authority State Legislature Representative CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting State Legislature Representative Corpus Christi Convention and Visitors Bureau Applicants September 18,2018 Libby Averyt CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 United Way of the Coastal Bend 46598 Everhart Road Corpus Christi TX At-Large *Steve Banta CORPUS CHRISTI CONVENTION&VISITORS BUREAU District5 USS Lexington Museum-the Bay P.O.Box 23076 Corpus Christi TX At-Large,Attraction Industry —Pramit Bhakta CORPUS CHRISTI CONVENTION&VISITORS BUREAU District3 Comfort Suites TAMUCC 1814 Ennis J-M Rd Corpus Christi TX At-Large,Hotel Industry Fernando Fernandez,Jr. CORPUS CHRISTI CONVENTION&VISITORS BUREAU District3 Flour Bluff ISD 2505 Waldron Rd. Corpus Christi TX At-Large,Attraction Industry Sylvia Ford CORPUS CHRISTI CONVENTION&VISITORS BUREAU DistriR5 Corpus Christi TX At-Large Regina Garcia-P—da CORPUS CHRISTI CONVENTION&VISITORS BUREAU District5 H-E-B 4444 K—rto Rd.,Ste.101 Corpus Christi TX At-Large,Restaurant Industry Robbin Goodman CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 TPCO America Corp—i— 5431 Hwy 35 Gregory TX At-Large Brad Ki—r CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 First United MMhodist Church 900 S.Shoreline Blvd. Corpus Christi TX At-Large I.—S.Kruse CORPUS CHRISTI CONVENTION&VISITORS BUREAU District5 Texas A&M UMv—ky-Corpus Ch,W 63000cean Dr.,O'Connor Bldg#365 Corpus Christi TX AILarge I Michelle M.Maresh-Fuehrer CORPUS CHRISTI CONVENTION&VISITORS BUREAU District5 Texas A&M University-Corpus Christi 63000cean Dri-Unit 5722 Corpus Christi TX At-Large Edwin iTreyi A.M CCampbell,Ill. CORPUS CHRISTI CONVENTION&VISITORS BUREAU District2 American Bank 800 N.Shoreline Suite 100 Corpus Christi TX At-Large I Dusty Oliveira CORPUS CHRISTI CONVENTION&VISITORS BUREAU District3 Corpus Christi TX At-Large,Hotel Industry,Attraction Industry Jason Page CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 Self Employed Photographer Corpus Christi TX At-Large Josh Richline CORPUS CHRISTI CONVENTION&VISITORS BUREAU District2 Richline Technical Services 114 Mesquite St Corpus Christi TX At-Large,Restaurant Industry . Tom Schmid CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 Texas State Aq uarium 2710 North Shoreline Corpus Christi TX At-Large,Attraction Industry `Currently app,i Med to the Housing Authority;will resign if appointetl. `*Currently appointetl to the Transportation Advisory Commission;will resign if appointetl. CITY OF CORPUS CHRISTI Submit Date: Aug 29, 2018 Application for a City Board, Commission, Committee or Corporation Profile Libby Averyt 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 31 years If yes,how many years? Primary Phone Alternate Phone United Way of the Coastal Bend Chief Development Officer Employer Job Title 46598 Everhart Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Libby Averyt Page 1 of 5 78411 Work Address-Zip Code libby.averyt@gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) United Corpus Christi Chamber of Commerce Board of Directors Why are you interested in serving on a City board, commission or committee? My recent career change allows me to serve in capacities such as this, and after living in Corpus Christi 31 years, I believe I can be of service. I love Corpus Christi and the Coastal Bend and am an attentive and hard-working board member. Averyt resume.docx Upload a Resume Demographics Gender 9 Female Libby Averyt 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 Libby Averyt 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. Libby Averyt Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Libby Averyt Page 5 of 5 Libby Averyt Business experience United Way of the Coastal Bend • Chief Development Officer, April 2017-present. Responsible for all fund- raising activities and all development and communications staff. Corpus Christi Caller-Times • President, January 2013-February 2017. Chief executive overseeing all business operations with additional responsibilities for news organizations in Abilene, San Angelo and Wichita Falls. • Vice President of Advertising, December 2009-December 2013. Oversee all advertising revenue, including print and online, and advertising department operations. • Online General Manager/Vice President, July 2008-December 2009. Oversee online production, content and sales. • Editor/Vice President, July 2003 to July 2008. Responsible for all news operations. • Managing Editor, September 2000 to July 2003. • Metro Editor, Assistant Metro Editor, Reporter, June 1986-September 2000. Texas A&M University-Corpus Christi • Adjunct instructor, Reporting and News-gathering, August 2012-December 2012. Education Bachelor of journalism, The University of Texas, 1986. Master of Arts in Communication, Texas A&M University-Corpus Christi, 2012. Journalism awards • Scripps Howard Foundation National Journalism Awards, the Edward Willis Scripps Award for Distinguished Service to the First Amendment, 1990, for being jailed on contempt charges after refusing to testify about unpublished information. • Newspaper of the Year, Texas Associated Press Managing Editors Association, five times in six years while leading the newsroom. • Headliners Club of Austin, Headliners Master Award for Investigative Report of the Year, reported and led team of reporters, 1998. • Texas Associated Press Managing Editors Association, Sweepstakes Award, 1998; First Place, team effort, 1998; First Place, Feature Series, 1998; First Place, Freedom of Information, 1990; numerous second place and honorable mentions. • Numerous honors from other organizations such as Texas Council on Family Violence, Dallas Press Club, Texas Bar Association, Texas Medical Association. Professional and leadership • Texas Press Association, Legislative Action Committee, 2014-present. • Pulitzer Prizes in Journalism, nominating juror, February 2009, March 2010. • Freedom of Information Foundation of Texas, board member, 2003-2009. • Women Business Leaders Summit in Amman, Jordan, sponsored by the U.S. State Department, 2007. • William Randolph Hearst Visiting Fellow in Residency Program, University of Texas, February 1993. • Knight Center of Specialized Journalism, fellowship in court reporting, University of Maryland, 1991. Community involvement and honors • United Corpus Christi Chamber of Commerce, Board of Directors, 2014- present. • Charlie's Place Recovery Center, Board of Directors, 2015-2017. • Texas State Aquarium, Board of Directors, 2014-2017. • United Way of the Coastal Bend, Board of Directors, 2014-2017. • American GI Forum, Standing up for Veterans banquet honoree, 2014. • LULAC Council No. 1, Leadership Award, 2014. • NAACP, Leadership Award, 2014. • Texas A&M University-Corpus Christi, Outstanding Alumnus, 2014. • Commencement speaker, Texas A&M University-Corpus Christi, May 2012. • South Texas Public Broadcasting, Board of Directors, 2011-May 2015. • Muscular Dystrophy Association, Leadership Award, January 2007. • Council on Alcohol and Drug Abuse-Coastal Bend, board member a/past president, 2003-2007. • YWCA of Corpus Christi, Y Women in Careers Awards, 1996. Personal • Married to Charles Kaf ie Jr., and between them, they have five children. • Member, All Saints' Episcopal Church. CITY OF CORPUS CHRISTI Submit Date: Jul 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Steve Banta 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 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone USS Lexington Museum on the Bay Executive Director Job Title P.O Box 23076 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Steve Banta Page 1 of 5 Texas Work Address-State 78403 Work Address-Zip Code (361) 888-4873x310 Work Phone steveb@usslexington.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted HOUSING AUTHORITY: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: South Texas Military Facilities Task Force Education, Professional and/or Community Activity (Present) Executive Director, USS Lexington Museum Why are you interested in serving on a City board, commission or committee? USS Lexington Museum plays a major role in tourism in Corpus Christi. Demographics Steve Banta 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 Steve Banta 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 Steve Banta Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Steve Banta Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Nov 30, 2017 Application for a City Board, Commission, Committee or Corporation Profile Pramit Bhakta 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 25 plus If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone General Manager/Operations Comfort Suites TAMUCC Manager -nployer 1814 Ennis Joslin Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Pramit Bhakta Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code 3619917100 Work Phone gm.txa37@choicehotels.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION: Appointed CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) N/A Why are you interested in serving on a City board, commission or committee? N/A pramit_bhakta_resume.docx Upload a Resume Demographics Pramit Bhakta 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 Pramit Bhakta 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 Pramit Bhakta Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? rYes No Pramit Bhakta Page 5 of 5 Pramit Bhakta 03&" EXPERIENCE 10/09-Present JB Net Five Corporation,Operations Manager; Corpus Christi,TX • Supervise operations of 3 hospitality properties in Corpus Christi area • Increased overall sales by 10% over 3 years • Manage $900K expense budget for all properties • Coordinated and oversaw$3.2 million new construction project • Manage relationships with key hospitality franchisor 02/09-10/09 Price Waterhouse Coopers,Data Specialist; Houston,TX • Verified completion of work papers prior to scheduled archiving • Provided support to client service teams within the Portfolio • Managed professional and profitable client relationships • Cohesively Worked with a multi-billion dollar company whom had a revenue of$26 billion in 2009 08/08-11/08 Merrill Lynch,Commercial Banking Intern; Houston,TX • Assisted team that generated over$7 million in revenue from Certificates of Deposits • Helped team achieve #1 sales status nationwide • Analyzed Financial statements and made recommendation on credit worthiness of clients • Updated database for prospective and clients-maybe add something on conversion rate • Conducted economic analysis and modeling on effects of current events ACTIVITIES 02/08-11/08 American Marketing Association,Member • Networked with companies and students on pursuing and learning different types of Marketing positions 01/07-11/08 Finance Association,Member • Networked with other finance majors within the Bauer school and companies • Promotions Committee,Fall 2008 05/05-11/08 Alpha Phi Omega,Member • Awards Committee position, Spring 2007 • Assistant Treasurer,Fall 2007 • Performed over 80 hours of community service 03/06, 02/07 Star of Hope Missionary: Women's Shelter • Volunteer-Prepared dinner for the women and children who live in the shelter 09/06 Houston Food Bank • Volunteer-Helped box perishable foods for the needy 08/06 Ronald McDonald House • Volunteer-Entertained the 20 disabled children and their families by playing games and coordinating 2 movie nights EDUCATION 01/12-05/14 Masters of Business Administration May 2014 Texas A&M University of Kingsville,Kingsville,Texas 08/04- 12/08 Bachelor of Business Administration in Finance and Marketing,December 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas Program for Excellence in Selling,Certificate in Sales,May 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas • Worked part time while attending classes full time SKILLS AND CERTIFICATION • Experienced in personal computer use,including the following software:Word,Excel, PowerPoint, QuickBooks, Salesforce.com, and ChoiceAdvantage.com • Certified Sales Professional CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix 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 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. 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 Mr. Fernando Fernandez Jr. 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- 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. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- 0 Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford 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 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 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. W I Agree Sylvia Ford 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 Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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) tr 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 Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Regina Garcia-posada 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 46 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone H-E-B Public Affairs Sr. Mqr. Employer Job Title 4444 Kostoryz Rd. Ste. 101 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Regina Garcia-posada Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 3618571708 Work Phone Garcia.regina@heb.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Fine Arts in Radio Television and Film Why are you interested in serving on a City board, commission or committee? Passionate about the city, tourism and interests involved with creating wonderful events for Corpus Christi. Regina_Garcia-Posada_1 doc Upload a Resume Demographics Regina Garcia-posada 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 Regina Garcia-posada 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 did not answer yes. Regina Garcia-posada Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Regina Garcia-posada Page 5 of 5 REGINA GARCIA-POSADA OBJECTIVE Become a Strong Leader in Live Media, Social Media, and obtain a position with a company that allows the use of demonstrated organizational,communication,and leadership skills. PROFILE Motivated, business professional with a college degree in the communications field. An excellent 22-year track record of creating, maintaining and protecting various organization's favorable image. Outstanding communication skills with the talent to focus and execute tasks. Diplomatic and tactful working with various governments, companies, and industries. Accustomed to handling sensitive, confidential information. EXPERIENCE H-E-B October 2011—Present Public Affairs Sr. Manager Manage community investments/donation requests, media inquiries,and communication about H-E-B in local,statewide and national markets. • Provide leadership and support in the development and direction of H-E-B's public affairs strategies and corporate image initiatives. • Manage and implement H-E-B's media relations plans and strategies, including the maintenance of public branding opportunities and events. • Acts as company spokesperson to media • Creates critical message points, papers,and releases in support of media relations plan, including contacting media representatives • Develops and maintains internal and external relationships with key stakeholders that advance and support corporate image initiatives. • Serves directly in community and civic roles in a leadership capacity • Develops the regional budgeting processes for operational,charitable,and non-charitable expenses • Develops H-E-B's community relations plans and programs, including the maintenance and implementation of regional philanthropic efforts • Manages staff and provides inter-departmental leadership on projects, processes,and programs • Creates videos to highlight programs and initiatives of H-E-B Corpus Christi Convention&Visitors Bureau January 2010—October 2011 Communications Manager Manages and distributes creative communication about Corpus Christi in local,statewide,national,and international markets. • Communication for Conventions - works with convention meeting planners and informs local media, CVB partners and local attractions/restaurants of upcoming conventions. • Press Release distribution to local,statewide, national,and international markets. • Press Conferences-coordinates with media, location site,and creates itinerary for speakers • Media Blitz Trips - travel statewide to meet one-on-one with publications, media editors and writers to discuss events and meeting space in Corpus Christi. • Newsletter-develops,writes and designs quarterly newsletter • Travel Writers-develops itinerary,coordinates visits,and guides writers to local attractions and beaches. • Budgets—manage travel and promotional budgets. Kill-TV March 2007-January 2010 Anchor/Reporter Anchored designated news broadcasts or special programs as assigned. Spokesperson for"Be Safe from Diabetes"Campaign that impacted thousands of families. Other Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Coordinating ideas and interviewing guest for on-air broadcast. • Initiating new story ideas in order to facilitate news worthy reports. • Maintaining community relations via volunteer work, public speaking events and Mistress of Ceremony Texas Department of Family and Protective Services April 2006-March 2007 Public Information Officer Served as the Region 11 DFPS Public Information Officer. Developed information material for projects and programs with regional program directors, Region 11 management team,staff and media. Duties consisted of: • Contact for news media regarding stories and articles • Plan,organize,and evaluate special cross program initiatives and projects • Develop and maintain a pro-active Strategic Communications Plan • Delivering communications training to staff Driscoll Children's Hospital December 2003—April 2006 Public Relations Director Provided leadership for all Public Relations departmental functions and day-to-day operations in support of hospital mission. Duties consisted of: • Coordinating media relations program for marketing projects, to include press releases, press events, and cultivation of press relationships including print,TV, radio,and Internet. • Coordinating all public relations events for Driscoll Children's Hospital major marketing projects (i.e.: Fiesta De Los Ninos, Chemo Kids Fish Off,etc.) • Coordinating publication strategies for pediatric health care issues in Corpus Christi, Rio Grande Valley, Laredo, and all other markets served. • Manage budget for local outreach programs. Kill-TV July 2001—December 2003 Reporter/Anchor Anchored designated news broadcasts or special programs as assigned. Develop story ideas for various news broadcasts. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KRIS-TV July 1999—July 2001 Reporter Anchor Responsible for anchoring designated news broadcasts or special programs as assigned. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KPRC January 1999—July 1999 Associated Producer Responsible for collecting news stories and video for 2-hour morning newscast and cut-ins. • Worked alongside producers to re-write and update morning news scripts • Develop news content in-line with the newscast objectives and cut-ins • Time-management of newscasts per stations request • Responsible for all video content throughout 2-hour morning newscast and cut-ins KZTV August 1996—December 1998 Reporter/Anchor Responsible for reporting local news stories and serving as anchor for Morning and Noon shows. • Producer of Morning Cut-Ins • Responsible for Scripts, Rewrites,and Collecting video for newscast • Develop and edit newscast for Noon Show and would serve as On-Air talent when needed • Maintaining community relations via station events ASSOCIATIONS I AWARDS United Chamber of Commerce Board Member- Present American Heart Association Board Member- Present Christus SPOHN Foundation Board Member-Present St.John Paul II High School Advisory Council- Present Digital Technology Advisory Council(DTAC)for Corpus Christi Independent School District- Present Pastoral Plan Steering Committee(Diocese of Corpus Christi)- Present Fiesta de la Flor Festival(Co-Host)-Present Most Beautiful Women Inside&Out(The Bend Magazine)-2017 Leadership Corpus Christi Class XXXVI Steering Committee 2007-2008 Leadership Corpus Christi Class XXXV 2006-2007 Corpus Christi Chamber of Commerce program designed to build leadership development of selected individuals in Corpus Christi Corpus Christi 40 Under 40 Steering Committees 2008&2009 Corpus Christi 40 Under 40 2006, 2007&2010 Corpus Christi Chamber of Commerce Recognition of Individuals under the age of 40 who have excelled professionally and who have made a commitment to be servant leaders in their homes,schools,workplaces,and churches. Various past Board Memberships include;The Rise School of Corpus Christi, Conquer the Coast, Ronald McDonald House, Big Brothers, Big Sisters, American Cancer Society,and Best of the Best News Anchor award. EDUCATION Bachelor of Fine Arts in Radio/Television/Film August 1996 Sam Houston State University, Huntsville,TX CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robbin Goodman 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 TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address-Street Address and Suite Number Gregory Work Address-City Robbin Goodman Page 1 of 6 TX Work Address-State 78412 Work Address-Zip Code 361-704-8100 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Education Texas A&M University — Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration - Graduating 08/2018 Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi, Volunteer American Heart Association Heart Walk, Team Captain Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi is blessed with the capacity to be a world wide destination city. However, it takes action oriented residents to bring that capacity to fruition. Having travelled the world, I have first-hand knowledge of what attracts visitors to an area and the type of marketing it takes to create demand. I sincerely want use my knowledge and experiences to do my part for Corpus Christi. Robbin Goodman Page 2 of 6 Robbin Resume_April_6 2018.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. 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 Robbin Goodman 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 Robbin Goodman Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Robbin Goodman Page 5 of 6 Robbin Goodman Page 6 of 6 ROBBIN GOODMAN WORK EXPERIENCE Business Operations Specialist TPCO America Corporation 8/2014-Current TPCO America is the largest Chinese greenfield investment in US history at$1.3 billion Manage and report to President regarding the following: Public Relations & Legal Affairs • Research, analyze, and advocate for company on policy issues at the federal, state &local level • Collaborate with federal, state and local lawmakers to encourage pro-business environment • Organize official delegations between Chinese and Texas state and local governments • Interpret and convey legal concepts from Texas counsel to TPCO attorneys in China • Manage document retention with outside counsel for discovery in ITC action • Identify, research, and pursue Foreign Trade Zone status from Customs and Border Patrol • Oversee website, digital media, social media accounts and traditional media advertising General Business Administration • Develop and implement company-wide administrative management policies • Manage$1.4 million annual operating and procurement budget • Supervise team of 20 administrative assistants, systems administrators and security personnel • Oversee expatriate services: immigration, housing,transportation, etc. • Manage$4.2 million 40-unit corporate housing project • Lead initiative to support local businesses by sourcing local financing, vendors and services IT Management • Develop and implement company-wide IT management policies • Implement full range of office cloud based computing systems • Supervise design and build of network infrastructure on 450+ acre manufacturing site • Manage full range of communication solutions - office phones,handset, tablets, digital forms • Cultivate strategic telecommunication partnerships to optimize international intemet traffic Business Consultant Tianjin Efood Trading Co. 5/2014 - 7/2014 • Communicate with suppliers from Spain, Malaysia&Thailand • Source new products and suppliers, conduct financial analysis on new products/projects • Represent company at SIAL international food and beverage exposition in Shanghai • Successfully negotiate exclusive supplier deal with EU beverage company • Develop 13213 customer accounts and distributor partnerships across the Asia Pacific region Research Assistant China University of Geoscience 01/12 - 6/12 & 5/13 - 9/13 • Prepare field reports, maps, and cross-section diagrams • Prepare permeability/porosity reports on oil wells • Assist on geological survey of Henan gold mine • Perform microprobe analysis of rock samples at Texas A&M University GIS Intern Urban Surveying Inc. 4/2013 - 5/2013 • Operated Trimble GPS equipment in urban and field environment • Learned basics of property boundary and oilfield survey • Completed range of oil field survey tasks: staked well pads, pipelines, and work easements • Karnes city royalties survey for Marathon Oil Machine Shop Assistant Drill String Services Inc. 6/2011 - 8/2011 • Prepared drill steam, doping and capping,to be returned to customer • Ran chemical process phosphate coating machined parts • Represented company on oil rig in variety of rework and drifting operations ROBBIN GOODMAN Education Texas A&M University— Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration- Graduating 08/2018 University of Mississippi Geological Engineering Mandarin Chinese Tianjin Normal University Chinese Language Flagship Capstone China University of Geoscience (Beijing) Geology Qingdao University Chinese Language Flagship Center St. Stephen's Episcopal High School -Austin, Texas School Year Abroad- Beijing, China Academic Publications 2016 - Heavy metals in soil and plants after long-term sewage irrigation at Tianjin China: A case study assessment.Agricultural Water Management, 171, 153-161. 2013 - Zircon U—Pb dating and the petrological and geochemical constraints on Lincang granite in Western Yunnan, China: implications for the closure of the Paleo-Tethys Ocean. Journal of Asian Earth Sciences, 62, 282-294. Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi,Volunteer American Heart Association Heart Walk, Team Captain CITY OF CORPUS CHRISTI Submit Date: Jul 26, 2018 Application for a City Board, Commission, Committee or Corporation Profile Brad Kisner 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 22 years If yes,how many years? Primary Phone Alternate Phone Director of Music, Worship & First United Methodist Church Arts Employer Job Title 900 S. Shoreline Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Brad Kisner Page 1 of 5 78401 Work Address-Zip Code 361-884-0391 Work Phone Bkisner@ccfumc.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have served 2 different times on Arts & Cultural Commission, chair from 2012-2017. Term expires Sept. 1 , 2017 Education, Professional and/or Community Activity (Present) Bachelor of Music Education, Oklahoma State University Master of Sacred Music, Southern Methodist University Past member of CC Symphony Board; CC Red Cross Board; Sparkling City Opera Board; Past PTA president of Meadowbrook & Cullen schools. Sub-Dean (Vice President) Corpus Christi Chapter, American Guild of Organists Why are you interested in serving on a City board, commission or committee? To further the good news of the great city of Corpus Christi. Demographics Brad Kisner 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 Brad Kisner 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. Brad Kisner Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Brad Kisner Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile James S Kruse 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 10 If yes,how many years? Primary Phone Alternate Phone Texas A&M University - Corpus Professional Assistant Professor Christi of Accounting Employer Job Title 6300 Ocean Dr., O'Connor Bldg #365 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State James S Kruse Page 1 of 5 78412 Work Address-Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Demographics James S Kruse 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 James S Kruse 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. James S Kruse Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above James S Kruse Page 5 of 5 J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M -Corpus Christi -AASCB Accredited Accounting Program Masters of Accountancy Graduated - December 2010 Drury University- Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated -August 1997 Certified Fraud Examiner(CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University- Corpus Christi August 2015 - Present, Corpus Christi,TX Adjunct Professor of Accounting, Texas A&M University-Corpus Christi August 2014 -August 2015, Corpus Christi,TX Courses Taught: Financial Accounting -ACCT 2301 Managerial Accounting -ACCT 2302 Intermediate I -ACCT 3311 Fraud Examination -ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 - May 2014, Corpus Christi,TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 -October 2012, Corpus Christi,TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil &Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 -April 2012, Corpus Christi,TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 - November 2011, Corpus Christi,TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 - February 2010, Corpus Christi,TX Audited companies ranging from $50 - 70 million in revenues Tax preparation including 1120, 11205, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University- Corpus Christi November 2007 -January 2009, Corpus Christi,TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University-Corpus Christi Young Business Professionals Membership Chair- 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University-Corpus Christi Faculty Advisor- Student Accounting Society Texas A&M University-Corpus Christi Scholarship Committee Texas A&M University-Corpus Christi SBA/Texas A&M Partnership - Boots to Business Program Presenter- Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: May 17, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr. Michelle M Maresh-fuehrer 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 30 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Corpus Associate Professor of Public Christi Relations Employer 6300 Ocean Drive Unit 5722 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Dr. Michelle M Maresh-fuehrer Page 1 of 7 Texas Work Address-State 78412-5722 Work Address-Zip Code 361-825-2273 Work Phone michelle.maresh- fuehrer@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Dr. Michelle M Maresh-fuehrer Page 2 of 7 Education, Professional and/or Community Activity (Present) Education: I received a Ph.D. in Communication from the University of Nebraska-Lincoln in 2009; Master of Arts in Communication from Texas Tech University in 2006; Bachelor of Arts in Communication with a minor in Journalism from Texas A&M University-Corpus Christi in 2004. 1 am also a proud graduate of Roy Miller High School (Corpus Christi, TX), class of 2001. Professional Activity: I am Associate Professor of Public Relations and Internship Coordinator for the Department of Communication and Media at Texas A&M University-Corpus Christi. I am the coordinator of the public relations program and, as such, I manage the recruitment, curriculum development, and assessment of the public relations minor. I also teach courses in public relations and crisis communication and advise students at the undergraduate and graduate level. I am an active researcher with over 17 publications in regional and national venues. I am also actively engaged in presenting my research at industry conferences with over 28 presentations at state, regional, and national conferences (the majority being national). I am also a regular presenter at various functions in the community having completed over 50 invited presentations. Recently and most notably, I was invited to serve as the keynote speaker at the Texas A&M University System Student Affairs Symposium (Topic: Crisis Management) where I will be speaking (on Monday, May 21, 2018) to 200 participants representing each of the TAMU system schools. In addition to my employment at TAMU- CC, I am also a crisis communication and public relations consultant and participate in both paid and pro bono projects. Community: I enjoy participating in community service. I am an active member of the Rotary Club of Southside Corpus Christi, a service organization. We regularly build wheelchair ramps for individuals in our community whom are in need, participate in the Salvation Army bell ringing program during the holidays, and sponsor the Boy Scouts of America's flag projects and Rose Shaw Elementary's Early Act First Knight education program. We also host two signature fundraisers each year to raise money for TAMU-CC student scholarships. In addition to this regular service, I have recently volunteered with the American Heart Association's "Go Red" Campaign, and Fiesta de la Flor. Additionally, in my professional life, I teach my courses using a "service learning" component. As such, I have supervised the (pro bono) development of crisis communication plans and public relations campaigns for various local profit and non-profit organizations. Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi and I am passionate about using my knowledge and professional skills to help the city grow and prosper. It has been my personal mission to encourage my students at TAMU-CC to stay in or return to Corpus Christi and build their professional lives here. I believe that citizen participation in municipal committees is important: for one, citizens have a limited knowledge of how city projects and resources function. By becoming involved, we have the opportunity to understand the workings of the city and be more informed voters and community members. Furthermore, there is a self satisfaction that occurs when being able to share one's voice and perspectives and play a role in decision- making that impacts us. I believe that my professional knowledge of the public relations industry, combined with my passion for Corpus Christi, would allow me to be a positive participant on a City board-- specifically, the Convention and Visitor's Bureau board. SelectionResume-MMF.pdf Upload a Resume Dr. Michelle M Maresh-fuehrer Page 3 of 7 References-MME.pdf Please upload any additional supporting documents. Demographics 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. TJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Dr. Michelle M Maresh-fuehrer Page 4 of 7 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 Dr. Michelle M Maresh-fuehrer Page 5 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Dr. Michelle M Maresh-fuehrer Page 6 of 7 Dr. Michelle M Maresh-fuehrer Page 7 of 7 MICHELLE MARESH - FUEHRER ASSOCIATE PROFESSOR OF PUBLIC RELATIONS CRISIS COMMUNICATION/PR CONSULTANT ,' CONTACT NIL' EDUCATION EMPLOYMENT UNIVERSITY OF NEBRASKA-LINCOLN, 2006-2009 TEXAS A&M UNIVERSITY-CORPUS CHRISTI DOCTOR OF PHILOSOPHY IN COMMUNICATION ASSOCIATE PROFESSOR, 2015-PRESENT TEXAS TECH UNIVERSITY, 2004-2006 INTERNSHIP COORDINATOR, 2015-PRESENT MASTER OF ARTS IN COMMUNICATION PR PROGRAM COORDINATOR, 2009-PRESENT TEXAS A&M UNIVERSITY-CORPUS CHRISTI, 2001-2004 ASSISTANT PROFESSOR, 2009-2015 BACHELOR OF ARTS IN COMMUNICATION MINOR IN JOURNALISM RECENT AWARDS RECENT PUBLICATIONS UNIVERSITY TEACHING EXCELLENCE AWARD, 2018 COMMUNICATING AT WORK: STRATEGIES FOR TEXAS A&M UNIVERSITY-CORPUS CHRISTI SUCCESS IN BUSINESS AND THE PROFESSIONS (12TH OUTSTANDING AUTHOR, 2016 ED.), 2018 TEXAS A&M UNIVERSITY-CORPUS CHRISTI TEXTBOOK, MCGRAW-HILL PUBLISHING PRESIDENTIAL CITATION (GOLD), 2016 PUBLIC RELATIONS PRINCIPLES: STRATEGIES FOR ROTARY INTERNATIONAL PROFESSIONAL SUCCESS, 2016 HOUSE RESOLUTION 930, 2015 TEXTBOOK, KENDALL HUNT PUBLISHING THE STATE OF TEXAS HOUSE OF REPRESENTATIVES SKOL'S "VIVA REDONDO" CRISIS, IN PRESS UNIVERSITY EDUCATOR OF THE YEAR, 2015 TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING TEXAS SPEECH COMMUNICATION ASSOCIATION APPLE'S "BENDGATE" CRISIS AND THE CORPUS CHRISTI UNDER 40, 2015 TECHNOLOGY-IMAGE EXPECTANCY GAP, 2017 COASTAL BEND YOUNG BUSINESS PROFESSIONALS TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING SOCIAL MEDIA MAPPING INNOVATIONS FOR CRISIS MEMBERSHIPS & BOARDS PREVENTION, RESPONSE, AND EVALUATION, 2016 JOURNAL ARTICLE, NATIONAL-LEVEL PUBLIC RELATIONS SOCIETY OF AMERICA SERVICE-LEARNING IN CRISIS COMMUNICATION TAMUOCC NATIONAL ALUMNI ASSOCIATION EDUCATION, 2015 BOARD OF DIRECTORS, 2012-2014 JOURNAL ARTICLE, NATIONAL-LEVEL ROTARY CLUB OF SOUTHSIDE CORPUS CHRISTI CREATING ORGANIZATIONAL CRISIS PLANS, 2013 DISTRICT LT. GOVERNOR OF PUBLIC IMAGE, 2016-2017 TEXTBOOK, KENDALL HUNT PUBLISHING PRESIDENT, 2015-2016 PAUL HARRIS FELLOW, 2012 BOARD OF DIRECTORS, 2011-2017 PROFESSIONAL REFERENCES Dr. David Gurney Chair, Department of Communication and Media Texas A&M University-Corpus Christi Ms. Debbie High Past District Governor Rotary International District 5930 nw� Additional references available upon request CITY OF CORPUS CHRISTI Submit Date: Sep 01, 2018 Application for a City Board, Commission, Committee or Corporation Profile Edwin (Trey) A McCampbell _ III First Name Middle Initial Last Name Suffix 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 62 If yes,how many years? Primary Phone Alternate Phone American Bank Chief Administrative Officer Employer Job Title 800 N. Shoreline Suite 100 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Edwin (Trey)A McCampbell I I I Page 1 of 6 78401 Work Address-Zip Code 361-992-9900 Work Phone treymc@americanbank.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EDUCATION: MBA Corpus Christi State University BBA Texas A&I - Corpus Christi AA Del Mar College CURRENT COMMUNITY ACTIVITIES: Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors Boar's Head & Yule Log Festival Chairperson South Texas Botanical Gardens & Nature Center, Regional Advisory Board Why are you interested in serving on a City board, commission or committee? As a Corpus Christi native, a business person, a father and a grandfather, I am committed to making Corpus Christi the best place to live, work and play. Tourism is an important component of our local economy, and one that also contributes to the quality of life. I would like to build our community and economy by serving on the Corpus Christi Convention & Visitors Bureau. I would bring to the CVB Board a deep background in business, strategic thinking and planning, a solid understanding of the community, and passion for the importance of tourism. Edwin (Trey)A McCampbell I I I Page 2 of 6 Trey McCampbell_community bio_2017.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. 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 Edwin (Trey)A McCampbell I I I 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 Edwin (Trey)A McCampbell I I I Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the Above Edwin (Trey)A McCampbell I I I Page 5 of 6 Edwin (Trey)A McCampbell I I I Page 6 of 6 E. A. "Trey" McCampbell, III Education & Certification MBA Corpus Christi State University, August 1982 BBA Texas A&I -Corpus Christi, May 1977 AA Del Mar College, May 1975 Post-graduate studies in Organizational Development&Communication Current Activities Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Past Chair, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors, Past Chair Texas A&M Corpus Christi, College of Business Accounting Advisory Council First Christian Church: Elder; Boar's Head &Yule Log Festival Chairperson; Day School Board of Directors South Texas Botanical Gardens & Nature Center, Regional Advisory Board Equality Texas Board of Directors and Equality Texas Foundation; Treasurer Prior Activities Destination Bayfront, co-organizer City Council Annual Retreat Facilitator, June 2010 and June 2009 Del Mar College Foundation "Come Home to Del Mar" Fundraiser, Co-Chair, November 2006 and November 2009 Bayfront Charrette Facilitator, October 2003 Community Dropout Forum Co-Facilitator, November 2003— February 2004 Leadership Corpus Christi: graduate LCC Class XI; General Chair- LCC XXI; Steering Committee LCC XX, XIX, and XII; LCC Alumni Board of Directors, Executive Committee Chair Del Mar College Future Search Conference participant, October 2003 Vision 2000, Steering Committee CCSU (Texas A&M University)Alumni Association: Past President and founding Director Corpus Christi Symphony Orchestra: Board of Directors Creative Arts Center: Past President and Treasurer Founder and Chairperson, LIVE Performances (children's performing arts series) Harbor Playhouse: Director and Treasurer Harbor Lights: Staging Chairperson Chamber of Commerce: Board of Directors; Ambassador; Chamber of Commerce Foundation, Director Workforce Development Corporation, Director and Executive Committee Awards and Honors 2016 American GI Forum Community Leader Award 2015 Corpus Christi AIA Honorary Membership Award 2013 Del Mar College Outstanding Alumni 2010 Del Mar College 75 Distinguished Alumni 2005 Leadership Corpus Christi Outstanding Alumnus Award 2003 Caller Times Person of the Year 2002 NCCJ Humanitarian Award 1999 Distinguished Public Service Award from the Texas Society of CPA's 1992 Chairman's Award from the Chamber of Commerce 1990 Arts Volunteer of the Year; JC Penney "Golden Rule" award for Culture and Arts CITY OF CORPUS CHRISTI Submit Date: Aug 16, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dusty Oliveira 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 38 If yes,how many years? Are you a registered voter? r Yes r., No Primary Phone Alternate Phone 415 PEOPLES ST U Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State Dusty Oliveira Page 1 of 5 78401 Work Address-Zip Code 3615330991 Work Phone djdus55@gmail.com Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Tamucc ChicasRock EL Dusty Why are you interested in serving on a City board, commission or committee? I am interested in the development of our city as a downtown stakeholder. Demographics Gender W Male Verification Dusty Oliveira 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 Dusty Oliveira 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) Dusty Oliveira Page 4 of 5 Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Attraction Industry Dusty Oliveira Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 20, 2018 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 34 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Employed Photographer 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 6 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? CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: 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: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Jason Page Resume.pdf Upload a Resume Jason Page 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 Jason Page 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- 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 Jason Page Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- 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 (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Jason Page Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Jason Page Page 6 of 6 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 15, 2018 Application for a City Board, Commission, Committee or Corporation Profile Josh Richline 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 16 If yes,how many years? Primary Phone Alternate Phone Richline Technical Services Partner-Business Development Employer Job Title 114 Mesquite St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Josh Richline Page 1 of 5 78401 Work Address-Zip Code 361-882-6297 Work Phone jrichline@a richline.cc Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction-not sure). Owner Richline Technical Services-Information Technology Company specializing in support small and medium businesses' Computer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Demographics Josh Richline 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 Josh Richline 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. Josh Richline Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Josh Richline Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Tom Schmid 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 1 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas State Aquarium CEO �yer Job Title 2710 North Shoreline Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tom Schmid Page 1 of 5 Texas Work Address-State 78402 Work Address-Zip Code 3618811242 Work Phone tschmid@txstateaq.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) World Association of Zoos and Aquariums-Council member Coastal America Leanring Center Network- Executive Committee Texas Travel Industry Association (TTIA)-Board member ValueBank Texas-Director Why are you interested in serving on a City board, commission or committee? The work of the CVB is vital to our economic prosperity and vital to the Texas State Aquarium. I feel that my experience running the most visited cultural attraction in South Texas for over 20 years, my service on the TTIA board for the last three years, as well as previous experience on the CVB board would allow me to contribute in a meaningful way to help the CVB achieve its mission. TS resume.docx Upload a Resume Tom Schmid 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 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 Tom Schmid 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. NA Tom Schmid Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Tom Schmid Page 5 of 5 TOM SCHMID SUMMARY Strong and diverse background in executive management, operations, project and construction management, development, marketing, animal husbandry, education and conservation. More than 30 years of progressively responsible experience in marine zoological, maritime, educational and recreational facilities. SKILLS & Strategic and master plan development ABILITIES Board development and leadership Advancement and Partnership development Track record of building trust and confidence in boards PROFESSIONAL PRESIDENT & CEO, TEXAS STATE AQUARIUM EXPERIENCE 1999-present Through six direct reports and a 60 person Board of Trustees, responsible for the development and articulation of the vision, mission, goals and annual operating plans for the Aquarium. Duties including inspiring and motivating a staff of 180 FTEs, creating the organizational framework necessary to achieve the mission; managing financial resources, generating community support, and function as chief spokesperson. Responsible for leading the development and execution of three strategic plans and associated master plans. Leadership success includes: Successful execution of three capital campaigns, generating over $67 million. Increasing annual Aquarium attendance from under 400,000 to over 575,000. Growing annual operating plan and budget from $5 million to $ 17 million. CHIEF OPERATING OFFICER, TSA 1998-1999 DIRECTOR OF HUSBANDRY AND INTERPRETATION, TSA 1996-1998 DIRECTOR OF OPERATIONS, The National Maritime Center, Norfolk, VA 1993-1996 Hired as the Curator of Marine Animals, a member of the start-up management team. Quickly promoted to Manager of Science and Education and then Director of Operations, a senior staff position responsible for planning and directing the operation of a new $50 million maritime education center. Coordinated activities of six managers and over 80 employees in the followings divisions: Guest Services, Merchandise, Exhibits, Education, Maintenance and Security. Also Involved in strategic business planning, development, and functioned as the interim marketing manager. SENIOR AQUARIST, Sea World of Orlando 1987-1993 Recruited to manage the daily operation of the Shark Encounter exhibit program. Coordinated and supervised collecting trips. Involved in the design and construction of numerous exhibits, holding facilities and animal transport units. Involved in the construction of two major exhibitions. Conducted research and presented/published several scientific papers on the bioenergetics of captive sharks. EDUCATION UNIVERSITY OF CENTRAL FOLORIDA, MS-BIOLOGICAL SCIENCES, 1988 STETSON UNIVERSITY, BS-BIOLOGY, 1984 CURRENT PROFESSIONAL ACTIVITIES World Association of Zoos and Aquariums • Co-opted Council Member • Chair, Aquarium Committee International Aquarium Congress • Member, Steering Committee Association of Zoos and Aquariums Page 2 Tom Schmid • Chair, Cetacean Task Force Coastal America Learning Center Network • Executive Committee Member Texas Travel Industry Association • Member, Board of Directors ValueBank Texas • Member, Board of Directors Rotary Club PREVIOUS PROFESSIONAL ACTIVITIES Association of Zoos and Aquariums • Chair, Board of Directors • Chair, Aquarium Committee • Accreditation inspector and team Chair • Member-Scientific Advisory Committee Animals, Inc. • Member, Board of Directors Images for Conservation • Advisory Board Corpus Christi Convention and Visitors Bureau • Chair, Board of Directors Corpus Christi Regional Economic Development Corporation • Executive Committee-Futurebridge American Diabetes Association • Member, Board of Directors South Texas Botanical Gardens and Nature Center • Member, Advisory Board Page 3 Tom Schmid City Of Corpus Christi ETHICS COMMISSION BOARD DETAILS The Ethics Commission, in addition to having jurisdiction over SIZE • Seats complaints involving any"city official", are to prepare and publish pamphlets and other materials explaining the duties of TERM LENGTH 3 Years individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of OVERVIEWTERM LIMIT 6 Years ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities.The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September.The commission shall comply with the Texas Open Meetings Act. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine members appointed by a two-thirds vote of the full council. Nominations are ■ to be solicited from a wide variety of professional and community organizations in '� the city,but interested individuals may also submit their names for consideration. ■ Initially,the terms of three members shall be one year,and the initial terms of another three members shall be two years.The persons having such shorter DETAILS terms shall be determined by lot. No holding over is permitted except as expressly provided in the Code of Ethics.The commission shall elect a Chairperson and a Vice-Chairperson. ......................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-320, Code of Ordinances;Ordinance No.20781,9/19/89,Ord.023460, 10-13-98;Ord. No.024614- 10/9/01. ............................................................................................................................................................................................................................................................................................... MEETS 3rd Thursday of the month,5:30 p.m.,City Hall, Fifth Floor-ACM Conference Room. .......................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Legal ............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION For information on how to file an ethics complaint regarding a city official,please go to http://www.cctexas.com/government/city-secretary/ethics-filings- complaints/index. ........................................................................................................................................................................................................................................................................................................................... ETHICS COMMISSION Page 1 of 2 PLEASE UPLOAD A FILE ETHICS COMMISSION Page 2 of 2 Ethics Commission September 18,2018 Three(3)vacancies with terms to 10/1/21. (Note: Appointment requires 2/3 vote of the full City Council.) Richard(Rick)E.Milby ETHICS COMMISSION Seeking Reappointment District 1 1 10/01/18 73%8/11(3 exc.) Alicia Benavidez ETHICS COMMISSION Met Six Year Service Limitation District 4 2 10/01/18 Karon K.Connelly ETHICS COMMISSION Met Six Year Service Limitation District 4 2 10/01/18 Claude C.Axel ETHICS COMMISSION Active District 4 1 10/01/20 Rob Bailey ETHICS COMMISSION Active District 4 1 10/01/19 Keith Heavilin ETHICS COMMISSION Active District 4 1 10/01/20 Richard G.Hood ETHICS COMMISSION Active District 5 1 10/01/19 Drue Jones ETHICS COMMISSION Active District 2 1 10/01/20 Craig Rogers ETHICS COMMISSION Active District 4 1 10/01/19 Ethics Commission Applicants September 18,2018 Wallace W.Echols,Jr. ETHICS COMMISSION District 4 Holiday Inn Corpus Christi Airport/Hotel Equities 5549 Leopard St Corpus Christi TX James M.Hernandez ETHICS COMMISSION District 2 Landmark Electric Company 4033 Bradford Dr Corpus Christi TX Edward Sample ETHICS COMMISSION District 5 Tradewinds Consulting Group 5321 Crestwick Drive Corpus Christi TX Sandra Sanchez ETHICS COMMISSION District 5 Texa A&M University Corpus Christi 6300 Ocean Drive Corpus Christi TX Donna M.Venzon ETHICS COMMISSION District 5 Retired TX CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Wallace W Echols 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 10 If yes,how many years? Primary Phone Alternate Phone Holiday Inn Corpus Christi Airport / Hotel Equities Director of Sales and Marketing Employer Job Title 5549 Leopard St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Wallace W Echols jr Page 1 of 5 78408 Work Address-Zip Code 3612894119 Work Phone wade.echols@himarina.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted ARTS & CULTURAL COMMISSION: 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: not at this time Education, Professional and/or Community Activity (Present) 1998 - 1999 Spartan School of Aeronautics Tulsa, Ok 2005 Short Course at Conrad Hilton Hotel Houston, TX 2003-2005 2006 - 2008 Del Mar College Hospitality Program Corpus Christi, TX PROFESSIONAL MEMBERSHIPS /AWARDS 2006-2007 Webmaster for the Coastal Bend Hotel Sales and Marketing Association 2005-2006 Secretary of the Coastal Bend Hotel Sales and Marketing Association Past member of Corpus Christi Chamber of Commerce Past member of the year Corpus Christi Hispanic Chamber of Commerce 2007 Member of the year, Coastal Bend Hotel Sales and Marketing Association 2009 Texas Western Sales Manager of the Year, South Texas Region 2001-Present Greater Corpus Christi Hotel and Motel Association Why are you interested in serving on a City board, commission or committee? Wallace W Echols jr 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 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 Wallace W Echols 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. Wallace W Echols jr Page 4 of 5 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Marketing Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? rYes r No Wallace W Echols jr Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Oct 06, 2017 Application for a City Board, Commission, Committee or Corporation Profile James M Hernandez 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 32 If yes,how many years? Primary Phone Alternate Phone Landmark Electric Company Owner Employer Job Title 4033 Bradford Dr Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State James M Hernandez Page 1 of 5 78411 Work Address-Zip Code 3615338124 Work Phone jamesmhernandez@yahoo.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? ETHICS 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) Self employed for less than 3 years, Moody high school graduate class of '03, Electrical trades program from CTC Why are you interested in serving on a City board, commission or committee? I would like to serve because I feel with me on the board, we as a group can help the city to progress yet keep it with in the bounds of the law and restraints the residents of Corpus Christi have set. Demographics Gender 9 Male James M Hernandez 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 James M Hernandez 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. None James M Hernandez Page 4 of 5 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No James M Hernandez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Sep 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Edward Sample 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 49 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Tradewinds Consulting Group Owner nployer Job Title 5321 Crestwick Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Edward Sample Page 1 of 5 TX Work Address-State 78413 Work Address-Zip Code 3616585353 Work Phone elsample@att.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? ETHICS 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) BSME Mechanical Engineering MBA Master of Business Administration Why are you interested in serving on a City board, commission or committee? To be a part of serving others. RESUME.DOC Upload a Resume Demographics Edward Sample 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 Edward Sample 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 have no "yes" answers. Edward Sample Page 4 of 5 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Edward Sample Page 5 of 5 RESUME EDWARD L. SAMPLE, P.E., R.P.L.S. Military Service: July 1965 to April 1966 June 1969 to August 1970 Army Reserve September 1970 to 1975. CAREER SUMMARY Demonstrated accomplishments in engineering, College teaching and politics as an elected City Councilman in Corpus Christi. CELANESE CHEMICAL COMPANY, Bishop, Texas Project Engineer, Equipment Design Group. The work included projects involving the design of heat exchangers, vessels and towers. I became knowledgeable of the various sections of the TEMA and ASME codes. This knowledge enabled me to handle projects such as heat exchanger installation and re-traying of towers. My duties also required me to draft changes to this type of mechanical equipment when repairs were necessary. August 1970 to December 1972 TEXAS A&I UNIVERSITY, Kingsville, Texas Graduate Assistant, College of Business. Instructed an Introduction to business course. This was a three-semester hour credit course covering in a general format the various areas of business such as accounting, marketing, finance, economics and management. February 1973 to October 1973 AMOCO PRODUCTION COMPANY, Corpus Christi, Texas My duties included receiving production reports from 15 to 20 oil and gas wells. These reports were analyzed to determine whether the monthly allowable for each well was exceeded during the month. If the allowable had been exceeded or was not produced, the field engineer was contacted and informed of the situation. A compilation of these reports was forwarded to the District Office. CITY COUNCILMEMBER City of Corpus Christi, Texas. Elected to and served three consecutive terms (6 years) as a City councilman. Serving the last two-year term as Mayor Pro-tem or Vice-Mayor. CHAMPLIN PETROLEUM COMPANY, Corpus Christi, Texas October 1973 to July 1975: Mechanical Engineer. My duties were to furnish engineering services in connection with plant changes, coordinating activities of contractors in design and construction. I was Project Engineer for the construction of a $540,000 fuel oil firing system for the refinery boiler plant. Additionally, I worked as the Project Engineer for the design and construction of a $94,000 fire water line modification to the refinery firewater system. August 1975 to August 1977: Chief Mechanical Engineer. I was responsible for all mechanical and project engineering at the Corpus Christi Refinery. This included engineering associated with normal plant maintenance, necessary alterations and new construction. In my supervision were five engineers, one engineer inspector, an inspector technician and two draftsmen. August 1984 to October 1998 CORPUS CHRISTI ARMY DEPOT, Corpus Christi, Texas Served as senior engineer in the Heating Ventilation & Air Conditioning (HVAC) area. Reviewed mechanical portions of engineering designs prepared by A/E firms. Checked for proper interpretation and application of criteria to ensure that design drawings and purposes of design are accurate and that conclusions and assumptions are sound. Noted deficiencies or discrepancies and prepared comments and recommendations for the correction of design by A/E firms. Approved mechanical plans and specifications. Made field trips to construction sites to study and developed reports and designs pertinent to exact site conditions. Indoor Air Quality and employee complaints: Frequently, problems resulted when a building was operated or maintained in a manner that is inconsistent with its original design or prescribed operating procedures. Therefore, the design and operating procedures were checked and verified. Investigated complaints from employees occupying various air-conditioned office areas. Occupants' complaints varied; acute discomfort, headache, eye, nose or throat irritation, dry cough, and sensitivity to odors. Observed and participated in proper building investigation procedures to identify and solve indoor air quality complaints to prevent them from recurring and which avoided the creation of other problems. Military: Ordnance Officer, U.S. Army: April 1966 to August 1968. Promoted to rank of Captain. September 1968 to May 1975: Served as Volunteer Reservist, Maintenance Officer and NCO Academy Instructor, Corpus Christi, Texas. November 1998 to May 2013 SAMPLE ENGINEERING, Inc. Corpus Christi, Texas Offers a full range of services structural engineering including windstorm inspections for new homes, room additions, roofs, foundation design, Foundation inspections, Home design services, and Land Surveying. This business was sold to a local engineering firm. 2 June 2013 to present (Owner) TRADEWINDS CONSULTING GROUP, Inc. Corpus Christi, Texas Engineering consulting for forensic engineering projects under construction or completed. EDUCATION 1965 BS Mechanical Engineer, Prairie View A&M University, Prairie View, TX. 1973 MBA Texas A&I University, Kingsville, TX. 2015 Master of Arts, Corpus Christi Theological Seminary. REGISTRATIONS, Licenses January 1978 Professional Engineer, Texas July 1981 Professional Land Surveyor, Texas ORGANIZATIONS Associate minister, Rising Star Baptist Church Kairos prison ministry advisory board member American Legion Post 364 Board member, Parliamentarian, Workforce Solutions of the Coastal Bend File:Resume updated,August 22,2018 3 CITY OF CORPUS CHRISTI Submit Date: Apr 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sandra Sanchez 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 10 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texa A&M University Corpus Christi Masters Program Employer 6300 Ocean Drive Work Address-Street Address and Suite Number Sandra Sanchez Page 1 of 5 361-825-5700 Work Phone sanchez33361 @yahoo.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Bachelors in Communication Studies Ethics Communication Leadership Communication Why are you interested in serving on a City board, commission or committee? I heard the Ethics committee presenting at a city council meeting once and I was very intrigued of the content that was discussed. I have a great appreciation of how they presented rules and criteria to the council and also how they debated when necessary so that the council could better follow the ethic rules. COVER LETTER 2018.docx Upload a Resume Demographics Gender fJ Female Sandra Sanchez 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 Sandra Sanchez 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 Sandra Sanchez Page 4 of 5 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Sandra Sanchez Page 5 of 5 Human Resources Texas A&M University- Corpus Christi To Whom It May Concern, I am writing in response to your job posting for the Temporary Administrative Support Pool. I am applying because I feel this opportunity will allow me to gain valuable work experience,broaden my knowledge and enhance my skills. Based on the requirements listed in the job application, I feel that my work ethic, skills, and experience make me a strong candidate for this position. I am an outgoing ambivert who's driven, friendly,trustworthy, able to work independently as well as in a group/team setting. I have years of experience working with Microsoft Office regarding Outlook, Excel,Word, and Powerpoint acquired from my summer internship at the City of Corpus Christi Mayor's office and Career Services at TAMU-CC. From working in the Career Services department here at TAMUCC for nearly a year,it allowed me to become more detailed oriented to ensure accuracy. My various employment positions have given me the chance to develop important skills such as customer service,time-management, organization, multitasking,leadership, and communication which allow me to be adaptable to different situations. I have enclosed my resume for you to review. I look forward to hearing your decision regarding my job application for the position. If you have any questions or require any further documentation,please feel free to contact me by phone at 361-558-2945 Sincerely, Sandra Sanchez CITY OF CORPUS CHRISTI Submit Date: Aug 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Donna M Venzon 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 6 years If yes,how many years? Are you a registered voter? r Yes (- No Primary Phone Alternate Phone Retired-City of Boerne Donna Smith _ Utility Billing Office Supervisor Employer Job Title N/A Work Address-Street Address and Suite Number N/A Work Address-City Donna M Venzon Page 1 of 5 N/A Work Address-State N/A Work Address-Zip Code N/A Work Phone N/A Work E-mail address Which Boards would you like to apply for? ETHICS 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) Dutchess Community College-Business Administration Nueces County Election Official Prison rehabilitation ministries Why are you interested in serving on a City board, commission or committee? Rational ability to offer viable input for the best interests of the City. I believe my background in City employment can provide insight into options for resolution. Demographics Gender fJ Female Donna M Venzon 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 Donna M Venzon 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 believe that I answered "no" to above problems. Donna M Venzon Page 4 of 5 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Donna M Venzon Page 5 of 5 City Of Corpus Christi SISTER CITY COMMITTEE BOARD DETAILS 1 SIZE 9 Seats The Sister City Committee studies ways M TERM LENGTH 3 Years and means of improving relations with the Corpus Christi Sister Cities and to advise OVERVIEW TERM LIMIT 6 Yearsand consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The committee shall consist of a steering committee and various subcommittees. ■ The steering committee shall consist of nine(9)members who shall be broadly ■� representative of the racial,religious and ethnic groups in the community.The ■ members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified.The steering committee shall DETAILS be responsible for the overall administration and implementation of the City's Sister City Program.The steering committee shall be comprised of representatives of the following categories: Economic Development Sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher Education Institution; Advertising/Public Relations;Arts/Cultural;and two(2)At-Large. In addition, representatives from the following City departments shall serve as ex-officio, non- voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation.The officers of the steering committee shall consist of a General Chair and Vice-Chair.The Chair and Vice- Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence.The steering committee may appoint any other subcommittee as,in its judgment,will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman.The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee,members from the community at-large. ......................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-150,Code of Ordinances. Ord. Nos. 10195, 14291, 18961, M86-0043- 1/28/86; 19474-9/16/86; 19635-2/17/87;21045- 12/11/90; 021 236-9/10/91; 023424-8-25-98;029687- 11-20-12;030913-8/9/16. ............................................................................................................................................................................................................................................................................................................................... MEETS First Monday of the month at 12:00 p.m.at the Corpus Christi Convention and Visitors Bureau Board Room,Jalufka House. ............................................................................................................................................................................................................................................................................................................................... SISTER CITY COMMITTEE Page 1 of 2 TERM DETAILS Three-year terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Corpus Christi Convention and Visitors Bureau ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION ............................................................................................................................................................................................................................................................................................................................... PLEASE UPLOAD A FILE SISTER CITY COMMITTEE Page 2 of 2 Sister City Committee September 18,2018 Four(4)vacancies,with terms to 9/1/19 and 9/1/21 representing the following categories: 1-At-Large,1-Economic Dev.Sector,1-Greater C.C.Hospitality Assoc.and 1-Port Industries of C.C.The Sister City Committee is requesting the appointment of Heather Moretzsohn as an Advisory/Non-Voting member.(The usual policy has been to appoint Advisory/Non-Voting members to one-year terms.) Melody H.Cooper SISTER CITY COMMITTEE Seeking Reappointment District 3 Partial 09/01/18 Member Economic Dev.Sector 100%S/S Heather Moretmohn SISTER CITY COMMITTEE Met Six Year Service Limitation District4 1 09/01/18 Chair At-Large Deven S.Bhakta SISTER CITY COMMITTEE Exceeded Number of Allowed Absences DistrictS 1 09/01/18 Member Greater C.C.Hospitality Assoc. Barbara A.Canales SISTER CITY COMMITTEE Exceeded Number of Allowed Absences District 4 1 09/01/19 Member Port Industries of C.C. William G.Pettus SISTER CITY COMMITTEE Active District 4 1 09/01/19 Member Advertising/Public Relations Almira Flores SISTER CITY COMMITTEE Active District 4 1 09/01/20 Member Arts/Cultural Alan Thornburg SISTER CITY COMMITTEE Active District 2 1 09/01/20 Member At-Large Susana Martinez SISTER CITY COMMITTEE Active District S 1 09/01/20 Member Higher Education Rep. Gargi Bhowal SISTER CITY COMMITTEE Active District S 1 09/01/19 Member United C.C.Chamber of Commerce Mayor's Office Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting C.C.International Airport Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting Parks and Recreation Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting Sister City Committee Applicants September 18,2018 Vida Alvarez-Mason SISTER CITY COMMITTEE District 4 At-Large Mark C.Arnold SISTER CITY COMMITTEE District 4 Diocese of Corpus Christi 555 N.Carancahua St.,Suite 750 Corpus Christi TX At-Large At-Large Luis F.Cabrera SISTER CITY COMMITTEE District 2 Voestalpine Texas 2800 Kay Bailey Hutchison Portland TX Port Industries of Corpus Christi At-Large Advertising/Public Relations Fernando Fernandez,Jr. SISTER CITY COMMITTEE District 3 Flour Bluff ISD 2505 Waldron Rd. Corpus Christi TX Arts/Cultural At-Large Sharron K.Hines SISTER CITY COMMITTEE District Retired Greater Corpus Christi Hospitality Association Susane Horn SISTER CITY COMMITTEE District 5 Texas A&M University 6300 Ocean Dr. Corpus Christi TX At-Large At-Large Arts/Cultural Abu N.M.Waheeduzzaman SISTER CITY COMMITTEE District 5 Texas A&M University Corpus Christi 6300 Ocean Drive Corpus Christi TX Higher Education Institution CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida Alvarez-mason 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 21 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 709 Saint Agatha Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Vida Alvarez-mason Page 1 of 5 78418 Work Address-Zip Code vmason@islander.tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted BOARD OF ADJUSTMENT: Submitted ARTS & CULTURAL COMMISSION: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted MARINA ADVISORY COMMITTEE: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University - Corpus Christi Business Administration with an emphasis in Management student Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi has so much potential and being born and raised here, it is my duty to get involved with my communities to help improve the quality of life for all individuals. I would love to apply my knowledge gained through my undergraduate courses to different committee volunteer opportunities to not only gain valuable experience, but to see the impact I could make to make Corpus Christi a better place to live. VAMResume.docx Upload a Resume Vida Alvarez-mason 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 Vida Alvarez-mason 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 Vida Alvarez-mason Page 4 of 5 Board-specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? I•J None of the above Vida Alvarez-mason Page 5 of 5 VI DA ALVAREZ-MASON EDUCATION Bachelor of Business Administration in Management Texas A&M University—Corpus Christi (December 2018) GPA: 3.5 EXPERIENCE Sales Assistant/Social Media Manager, Julian Gold Inc. November `17—March `18 Corpus Christi,TX • Assisted department manager in sales and promotions of a diverse range of clothing, shoes, accessories, and beauty care products through social media platforms • Completed typical administrative tasks which involved answering phones,filing documents, taking memos, mail promotions, and organizing merchandise for shipment • Provided exceptional customer service to increase company growth and revenue through sales maximization • Creatively set up physical displays of merchandise to attract potential customers Seasonal Bookseller,Barnes &Noble College December `15—January `16 Corpus Christi,TX • Typical daily activities included cashiering, stocking, maintain inventory, and delivering customer service. RELEVANT COURSEWORK • Organization Change &Development • Communicating in Business • Behavior in Organizations • Data Analysis & Statistics • Financial Accounting SKILLS &ABILITIES • Microsoft Office (Word, Excel, • Customer Service PowerPoint) • Cash handling • Social Media(Facebook, Instagram, • Team player YouTube,Twitter) • Data entry • Retail Sales CITY OF CORPUS CHRISTI Submit Date: Jul 19, 2018 Application for a City Board, Commission, Committee or Corporation Profile Deacon Mark C Arnold F., F 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 6 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Director of Stewardship and Development & Diocesan Diocese of Corpus Christi Disaster Relief Coordinator nployer Job Title 555 N. Carancahua St. Suite 750 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Deacon Mark C Arnold Page 1 of 5 Texas Work Address-State 78401 Work Address-Zip Code 361-693-6643 Work Phone marnold@diocesecc.org Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I am the Director of Stewardship and Development for the Diocese of Corpus Christi and the Diocesan Disaster Relief Coordinator. My educational background is business and theology. Why are you interested in serving on a City board, commission or committee? As a relatively new citizen to Corpus Christi I would like to do my part in fostering unity and goodwill in our community and other areas. We have a beautiful city and a diversity of people that live in harmony with one another. These are qualities that need to be shared with other communities so that together, we can learn from each other. Demographics Deacon Mark C Arnold 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 Deacon Mark C Arnold 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 Deacon Mark C Arnold Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Deacon Mark C Arnold Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Luis F Cabrera Prefix 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 31 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone voestalpine Texas Head of Human Resources ,:>yer Job Title 2800 Kay Bailey Hutchison Work Address-Street Address and Suite Number Portland Work Address-City Mr. Luis F Cabrera Page 1 of 5 Texas Work Address-State 78374 Work Address-Zip Code 361-704-9000 Work Phone Iuis.cabrera@voestalpine.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Uploaded Resume Why are you interested in serving on a City board, commission or committee? I've served on several boards throughout my career and enjoy the sense of giving back. I am passionate about the city that I live in, so serving here and giving back is important to me. Additionally, I am interested in serving on the Sister City Committee, because am a person who appreciates diversity in culture. I am originally from Guatemala, was an exchange student in Germany, & currently work for an international company based in Austria. The exchange and trade of culture, economic development, & commerce are something that I have grown up with and would love to perpetuate that in my City. Resume-Luis_F._Cabrera.pdf Upload a Resume Mr. Luis F Cabrera 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 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 Mr. Luis F Cabrera 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 Mr. Luis F Cabrera Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Port Industries of Corpus Christi Mr. Luis F Cabrera Page 5 of 5 Luis F. Cabrera, PHR, SHRM-CP ME&EN ME&EN EDUCATION Texas A&M Corpus Christi May 2005 B.A., Business Administration and Human Resources AREAS OF EXPERTISE • Experience in training and presentation development • Excellent communications skills • Outstanding organizational and planning competence • Multi-site management • PHR(Professional in Human Resources) Certification • SHRM-CP(SHRM Certified Professional)Certification • OSHA IOHR Certificate, OSHA Authorized General Industry Trainer for OSHA l Ohr& 30hr Courses PROFESSIONAL EXPERIENCE voestalpine Texas February 2015-Present Head of Human Resources Corpus Christi, TX • Implements and manages overall operational staffing and recruiting strategy • Develop and conduct periodic analysis of compensation system to ensure competitive advantage with the market • Oversee training and development programs for staff • Collaborate with voestalpine's HR services and benefit providers to ensure accurate benefit administration. • Ensures compliance with all federal, state, and local employment laws and regulations including DOL,FLSA, ADA, EEOC,and FMLA • Ensures accurate recordkeeping with personnel files maintenance,job files, and time recording&payroll files • Responsible for all HR functions including workforce planning, employee relations,employment practices, and compensation, Cintas Corporation July 2007-Present Regional Health & Safety Coordinator Corpus Christi, TX • Regional Health& Safety Support for 22 Cintas locations in Texas and Arizona. • Conducts safety compliance audits in accordance with Cintas policy& OSHA regulations • Creates/updates training materials and presents at regional manager meetings regarding safety and new initiatives. • Work with locations to achieve OSHA's Voluntary Protection Program,VPP,and performs VPP gap assessments • Support locations to reduce TCIR and Vehicle Incidents rate. • Coordinates accident investigations and lead workplace inspections. • March 2014-Present Human Resource Manager/Health & Safety Coordinator • Responsible for all field HR functions including staffing and recruiting, corporate benefit/program rollouts, employee relations and FMLA/LOA administration, and compensation analysis • Develops strategies to reduce turnover,worker's compensation costs&total incident rate • Ensures compliance with regulatory safety standards(OSHA&DOT)through facilitating safety programs including, accident investigations, safety inspections, and workplace hazard analysis • Develops and Deliver monthly safety and corporate training topics to employee-partners • Ensures accurate recordkeeping by maintaining personnel files,job files, and OSHA logs • Ensures compliance with all federal, state, and local employment laws and regulations including EEOC, DOL, FLSA,as well as corporate and local policies and procedures • Promotes a safety culture based on employee and manager commitment to the OSHA's Voluntary Protection Program • November 2008—March 2014 Office Clerical/Accounts Payable/Purchasing • Responsible for the timely processing of all payment to vendors and correct coding of general ledger accounts • Provides General Manager with monthly expense forecast and investigates and resolves budget discrepancies • Assists Office Manager with various administrative duties such as customer invoice printing and processes intercompany transfers while interfacing with AS400 applications • Places,tracks, and closes all purchase orders for Cintas First Aid& Safety Division • July 2007—November 2008 ACTIVITIES/INTERESTS • Coastal Bend Society for Human Resource Management(CBSHRM)- Board Member President Elect • Hope Church of Corpus Christi-Board Member Secretary/Treasurer • Young Business Professionals of the Coastal Bend—Past Board Member • Member of Society for Human Resource Management(SHRM) • Member of Association for Iron& Steel Technology • Recipient of Corpus Christi 40 Under 40 Award 2013 CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix 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 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. 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 Mr. Fernando Fernandez Jr. 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- 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. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- 0 Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: May 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms Sharron _ K Hines 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 less than ayear If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone n/a Work Address-Street Address and Suite Number n/a Work Address-City n/a Work Address-State Ms Sharron K Hines Page 1 of 5 n/a Work Address-Zip Code n/a Work Phone n/a Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) some college and military engineering training Why are you interested in serving on a City board, commission or committee? I was a previous member in Ft. Worth, Texas Demographics Gender 9 Female Verification Ms Sharron K Hines 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 Ms Sharron K Hines 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. I did not answer yes to any of the questions Board-specific questions (if applicable) Ms Sharron K Hines Page 4 of 5 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? V Greater Corpus Christi Hospitality Association Ms Sharron K Hines Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 22, 2018 Application for a City Board, Commission, Committee or Corporation Profile Susane Horn 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 22 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University Adm. Associate nployer Job Title 6300 Ocean Dr. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Susane Horn Page 1 of 5 Tx Work Address-State 78412 Work Address-Zip Code 361 8252669 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I would like to go back and serve in sister city committee. Currently I am sitting out. Education, Professional and/or Community Activity (Present) I work for College of Education at Texas A&M Corpus Christi. Why are you interested in serving on a City board, commission or committee? I would like to continue to help the student expand their first experience and expose living in foreign country. Demographics Gender W Female Susane Horn 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 Susane Horn 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 Susane Horn Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? None Selected Susane Horn Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr Abu N M Waheeduzzaman 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 18 If yes,how many years? Are you a registered voter? r Yes r., No Primary Phone Alternate Phone Texas A&M University Corpus Professor of Marketing and Christi International Business Employer „<Title 6300 Ocean Drive Work Address-Street Address and Suite Number College of Business Work Address-City Dr Abu N M Waheeduzzaman Page 1 of 6 TX Work Address-State 78412 Work Address-Zip Code waheed@tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I do not. Education, Professional and/or Community Activity (Present) I am a Professor of Marketing and International Business at Texas A&M University Corpus Christi. I joined this university 18 years ago in 2000. Ever since then we are living in this city. I was appointed by the Mayor and served in the Library Board, 2002-08 (six years). It was great experience. A good number of Library expansion took during that period (e.g., Flour Bluff, Kaffie, and Parkdale). Why are you interested in serving on a City board, commission or committee? This is a community where we live. It would be my pleasure serve the city/community, a voluntary and social service that I can feel good about. Vita-Waheeduzzaman-July2018- tamucc.pdf Upload a Resume Dr Abu N M Waheeduzzaman 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 Dr Abu N M Waheeduzzaman 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- 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. Not applicable Dr Abu N M Waheeduzzaman Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Higher Education I Economic Development /Tourism I Marketing Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? Pr Higher Education Institution fJ Arts/Cultural Dr Abu N M Waheeduzzaman Page 5 of 6 Dr Abu N M Waheeduzzaman Page 6 of 6 Vita Summary Abu N.M.Waheeduzzaman,Ph.D. My Statement I am an academic engaged in a lifelong learning process.I believe that every time I teach a student,publish a paper,make a professional presentation,or consult a company,I am making a marginal contribution to the society. Employment Professor of Marketing and International Business in the College of Business,Texas A&M University Corpus Christi since 2000.Previously taught at Salisbury State University(Maryland),University of New Haven(Connecticut),North South University(Bangladesh),and Institute of Business Administration(IBA),Dhaka University(Bangladesh). Education Ph.D.in Business Administration from Kent State University,Ohio.Have two MBAs, one in International Business from George Washington University,Washington,D.C. and the other in Marketing from Institute of Business Administration,Dhaka University, Bangladesh. Research Marketing and International Business. Special topics of interest include international Interest competitiveness,emerging markets,convergence,nation marketing and globalization. Editorship Associate Editor,Journal of Competitiveness Studies.Also served as Associate Editor, Competitiveness Review.Member of editorial boards of various journals in international/marketing area. Publications Publications appeared in Competitiveness Review,Journal of Global Marketing,Journal of Euromarketing,Journal of Global Business,Journal of Transnational Management Development,Midwestern Journal of Business and Economics,Journal of Management Business and Economics,and Proceedings of the American Marketing Association. Distinctions Senior Fellow,American Society for Competitiveness.University Excellence Award in Research at Texas A&M University Corpus Christi.Excellence Award in Teaching at Texas A&M University Corpus Christi and University of New Haven,Connecticut. Outstanding Faculty Award in International Education and University Excellence Award in Service,Texas A&M University Corpus Christi. Social Service Award, American Society for Competitiveness. Honor Societies Beta Gamma Sigma(George Washington University),Phi Beta Delta(Kent State University),Alpha Mu Alpha(American Marketing Association)and Sigma Beta Delta (University of New Haven). Membership American Marketing Association(AMA),Academy of International Business(AIB), American Society for Competitiveness(ASC),International Management Development Association(IMDA),National Geographic Society,American Association of University Professors(AAUP),American Association for Retired Persons(AARP),and Institute of Management Consultants Bangladesh,MBA Club Ltd.,Dhaka,and Institute of Business Administration Alumni Association,Dhaka,Bangladesh. Personal Enjoy traveling.Traveled to over 20 countries of the world. 1 EDUCATION AND ACADEMIC POSITION Education Ph.D. Kent State University, Ohio 1994 Major: Marketing,Minor: International Business Advisor: Dr.John K. Ryans, Jr., Bridgestone Professor Emeritus of International Business and Marketing at Kent State University. AIB Fellow. Thesis: Dimensions of International Competitiveness of Nations: An American Managers'Perspective MBA George Washington University, Washington, D. C. 1988 Major: International Business Advisor: Dr. Phillip D. Grub, Emeritus Professor of International Business at The George Washington University.AIB President and Fellow. MBA Dhaka University,Dhaka, Bangladesh. 1979 Major: Marketing BA Dhaka University,Dhaka,Bangladesh 1976 Majors: Economics, Sociology, and Political Science Academic Positions Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2006-till date. Tenured. Associate Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2000—2006. Visiting Associate Professor of Marketing, Salisbury State University,Maryland, 1999-2000. Associate Professor, Head of Graduate Program and Director,MBA Program,North South University, Dhaka, Bangladesh, 1997-99. Assistant Professor, School of Business,University of New Haven, Connecticut, 1993-1997. Assistant Professor(1984-86) and Lecturer(1980-83), Institute of Business Administration, University of Dhaka, Bangladesh. Also taught as instructor at Kent State University(1988-92) and University of Toledo (1992-93) while pursuing doctoral studies at Kent State University. 2 Business Position Systems Sales/Marketing Representative at NCR Corporation, U.S.-based computer multinational. Duties included marketing of NCR systems/products. 1979-80. RESEARCH AND PUBLICATION Research Interest Broadly in Marketing and International Business; topics of interest include international competitiveness, emerging markets, consumption convergence and globalization. Research in Progress Waheeduzzaman, Abu N. M. (2018), "Can a Nobel Prize Save Marketing?" Expected completion: 2018. Waheeduzzaman, A.N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Expected completion: 2018. Waheeduzzaman, Abu N. M. (2019), "Does Good Governance Enhance National Competitiveness?" Expected completion: 2019. Waheeduzzaman, Abu N. M. (2019),Enhancing National Competitiveness-A Marketing Strategy Approach. I have written four chapters of the book. Expected completion: 2019. Publication in Refereed Journals Waheeduzzaman,Abu N. M. and Elwin Myers (2018), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Journal of Competitiveness Studies. Forthcoming. Waheeduzzaman, Abu N. M. (2017), "Effect of Economic Integration on Consumption." Journal of Euromarketing, 26, 4-16. Waheeduzzaman, Abu N. M. (2016), "Consumption Convergence between Emerging and Developed Markets,"Journal of Euromarketing, 25 (3-4), 74-94. Waheeduzzaman, A. N. M. (2016), "Exploring the influence of globalization and democracy/freedom on emerging markets trade,"Journal of Competitiveness Studies, 24 (4). Waheeduzzaman, A. N. M. (2015), "Do Globalization and Income Affect Consumption through Quality of Life? An Exploration in Emerging Markets," Journal of Euromarketing, 24 (4), 224- 240. 3 Waheeduzzaman, A. N. M. (2011), "Are Emerging Markets Catching Up With the Developed Markets in Terms of Consumption,"Journal of Global Marketing, 24 (2), 136-151. Waheeduzzaman, A. N. M. (2011), "Competitiveness and convergence in G7 and emerging markets," Competitiveness Review, 21 (2), 110-128. Waheeduzzaman, A. N. M. and Elwin Myers (2010), "Influence of Economic Reward and Punishment on Unethical Behavior: An Empirical Study," Business and Professional Ethics Journal, 29 (1-4), 154-174. Waheeduzzaman, A. N. M. (2008), "Market Potential Estimation in International Markets: A Comparison of Methods," Journal of Global Marketing. 21 (4), 307-320. Waheeduzzaman, A.N. M. (2007), "States, Demographics and Competitiveness of America's Best Universities," Competitiveness Review, 17 (1/2), 77-93. Waheeduzzaman, A. N. M. and Pradeep Rau (2006), "Market Potential And Foreign Direct Investment: Exploring The Relationship In Emerging Markets."Advances in Competitiveness Research, 14 (1), 44-60. Waheeduzzaman, A. N. M. (2006), "Can modernization explain the consumption of durables in emerging markets?"Journal of Global Marketing, 19 (3), 33-62. Waheeduzzaman, A. N. M. (2004), "Tripolar World of Corruption and Inequality: Again, the Difference is in Freedom and Governance, "Journal of Transnational Management Development, 9 (4), 37-48. Waheeduzzaman, A. N. M. and Leon F. Dube (2004), "Trends And Development in Standardization Adaptation Research,"Journal of Global Marketing, 17 (4), 23-52. Waheeduzzaman, A. N. M. and Leon F. Dube (2002), "Elements Of Standardization,Firm Performance And A Few Marketing Variables: A General Linear Relationship Framework," The Journal of Global Marketing, 16 (1 and 2), 187-205. Waheeduzzaman, A. N. M. (2002), "Competitiveness, Human Development And Inequality: A Cross-National Comparative Inquiry, "Competitiveness Review, 12 (2), 13-29. Hu, Michael, A.N. M. Waheeduzzaman, and Edward Bruning (1997), "An Inquiry into the Determinants of Foreign Direct Investment in the United States," Midwestern Journal of Business and Economics,Vol. 10,No. 3, Winter, 35-49. Waheeduzzaman, A. N. M. and John K. Ryans Jr. (1996), "Dimensions of International Competitiveness of Nations: An American Managers' Perspective," Journal of Global Business, Vol. 7,No. 13, 19-31. 4 Waheeduzzaman,A. N. M. and John K. Ryans Jr. (1996), "Definitions, Perspectives, and Understanding of International Competitiveness: A Quest for a Common Ground," Competitiveness Review, Volume 6 (2), 7-26. Waheeduzzaman, A. N. M. (1986), "Content Analysis of Newspaper Advertisements on Family Planning in Bangladesh," Journal of Management, Business and Economics, Vol. 12,No. 1, 56- 71. Waheeduzzaman,A.N. M. (1986), "Creativity in Management,"Journal of Management Business and Economics, Vol. 11,No. 4, 497-510. Waheeduzzaman,A.N. M. (1985), "Segmentation Concepts and Issues in Marketing," Management Development, Vol. 14,No. 4, Bangladesh Management Development Center, Dhaka, Bangladesh. Waheeduzzaman, A. N. M. and Abdul Hamid(1985), "Promoting Voluntary Blood Donation: A Social Marketing Approach," Journal of Management, Business and Economics, Vol. 11,No. 1, 66-82. Waheeduzzaman, A.N. M. (1984), "Consumer Behavior and Marketing of Bengali Movies," Journal of Management, Business and Economics,Vol. 10,No. 4. Publication in a Book Waheeduzzaman, A. N. M. (2002), "Facilitation of Trade and Investment Among Bangladesh, India and Nepal: Subregional Cooperation and Competitiveness" in Towards Greater Sub- regional Economic Cooperation:Limitations, Obstacles and Benefits, Cookson,Forrest E. and A. K. M. Shamsul Alam (editors), Dhaka, Bangladesh: University Press. 55-79. Waheeduzzaman, A. N. M. (2000), "(Un)Ethical Behavior In Business: A Reward Punishment Probability Framework" in Competition, Trust and Cooperation:A Comparative Study, Y. Shinoya and K. Yagi (editors), Heidelberg: Springer Verlag, 210-226. Publication in Refereed Proceedings Waheeduzzaman, A.N. M. and Pradeep Rau (1998), "Standardization Drivers, Levers, and Performance in International Marketing: A Conceptual Framework and Related Hypotheses." Proceedings of the Third South China International Business Symposium, University of Macau, China,November, 337-353. Waheeduzzaman, A.N. M. (1992), "Effect of Corporate Takeovers and Leveraged Buyouts: An Extension of Strategic Models in Marketing," Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 109-116. 5 Waheeduzzaman, A.N. M. (1992), "Changing Pattern of Car Advertisements in Magazines: The Past 30 Years." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 121-129. Waheeduzzaman, A. N. M. and Robert F. Krampf(1992), "Use of Quantitative Techniques in Marketing Research: The Past Twenty-five Years." Proceedings of the American Marketing Association's Winter Educators' Conference, San Antonio, Texas, 285-294. Waheeduzzaman, A. N. M. and Lawrence J. Marks (1989), "Halo Effects, Consumer Ethno- National Affinity, and Behavior Intentions: An Extension of Multi-Attribute Model of Country of Origin Effects." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 252-257. Abstract in Refereed Conferences Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. and Pradeep Rau (2004), "Market Potential and Foreign Direct Investment: Exploring the Relationship in Emerging Markets," Summer Educators' Conference, American Marketing Association, Boston. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2003), "Trends and Development In Standardization Adaptation Research: A Content Analysis," Summer Educators' Conference, American Marketing Association, Chicago. August. Waheeduzzaman, A. N. M. (2002), "Five Lines of Inquiry in Standardization Adaptation Research," Summer Educators' Conference, American Marketing Association, San Diego. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2001), "Elements of Standardization, Firm Performance And A Few Marketing Variables: A Factor Analytic Linear Relationship," Summer Educators' Conference, American Marketing Association. August. Article Leading National English Dailies in Bangladesh Waheeduzzaman, A. N. M., "Combating flood: Let's take a business approach," The Daily Star, Dhaka, Bangladesh,August 18,2007. Waheeduzzaman, A. N. M., `Bangladesh's image: Need a(re)branding?" The Daily Star, Dhaka, Bangladesh,July 2, 2007. Waheeduzzaman, A. N. M., "Bangladesh's image and country rating," The Daily Star,Dhaka, Bangladesh,May 28, 2007. 6 Waheeduzzaman,A.N. M., "Why is SAARC progressing so slowly?" The Daily Star,Dhaka, Bangladesh,April 28, 2007. Waheeduzzaman,A.N. M., "Fighting corruption: Why this ambivalence?," The Daily Star, Dhaka, Bangladesh, March 2, 2007. Waheeduzzaman,A.N. M., "Caretaker Government: Round Three," The Daily Star, Dhaka, Bangladesh,January 28, 2007. Waheeduzzaman, A. N. M., "Combating Corruption," The Daily Star, Dhaka, Bangladesh, February 8, 2002. Waheeduzzaman, A.N. M., "Evaluating SAARC: Economic Reality Versus Political Will," The Daily Star, Dhaka, Bangladesh, December 13, 2001. Waheeduzzaman, A. N. M., "In response to a recent article on Grameen Bank in the Wall Street Journal, The Daily Star, Dhaka, Bangladesh, December 6, 2001. Waheeduzzaman, A. N. M., "Nation's Business Schools: A Few Success Criteria," The Daily Observer, Dhaka, Bangladesh, 1998. Waheeduzzaman, A. N. M., "Why Core Faculty Matter," The Daily Observer, Dhaka, Bangladesh,November 14, 1997. Waheeduzzaman, A. N. M., "Transformation of Private Universities: From Entrepreneurship to Professionalism," The Daily Observer, Dhaka, Bangladesh, February 12, 1998. Article in Newsletters Waheeduzzaman, A. N. M., "Country Ratings-A Neglected Research Area?" American Marketing Association Global Marketing SIG's Monthly E-News. http://www.cba.hawaii.edu/ama/September2004.htm. Waheeduzzaman, A. N. M., "How do you encourage active class participation of your students?" MED Newsletter,Academy of Management, 15 (3), 1989 (June), 7. Research Presentations (past six years) Waheeduzzaman, A. N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Elwin Myers (2017), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. 7 Waheeduzzaman, A. N. M. (2016), "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington,D.C., October. Waheeduzzaman, Abu N. M. (2016), "Global Consumption Convergence: Towards an Eclectic Theory," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Anh Thi Truc Pham (2016), "Macro Determinants of Inbound Tourism: A Path Analysis Model," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. (2015), "Did globalization favor the growth of fast moving consumer goods (FMCG)in emerging markets," Winter Educators' Conference, American Marketing Association, San Antonio, February. Waheeduzzaman, A. N. M. (2015), "Exploring mediating effects of globalization and income on consumption growth in emerging markets," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we observe a convergence in fast moving consumer goods (FMCG)in developed and emerging markets?" Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Democracy and International Competitiveness of Nations- An Empirical Inquiry," 18th Annual Western Hemispheric Trade Conference, Texas A&M International University, April. Waheeduzzaman, A. N. M. (2013), "Higher Education and National Competitiveness," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2013), "Enhancing National Competitiveness through Education in a Globalized World," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2013), "Does Freedom Affect International Competitiveness of Nations," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2012), "Do Globalization and Freedom Favor Trade in Emerging Markets?" 2012 International Conference on Contemporary Business and Management, Chulalongkorn University, Bangkok, Thailand, December. 8 Waheeduzzaman, A. N. M. (2012), "Impact of freedom in international competitiveness of nations," Annual Conference American Society for Competitiveness, Washington, D.C., October. All Society Panel Chair. Waheeduzzaman, A. N. M. (2012), "Does freedom affect trade? An empirical inquiry," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March. Waheeduzzaman, A. N. M. (2012), "Determinants of Trade in Emerging Markets," Faculty Research Seminar, College of Business, Texas A&M University-Corpus Christi, Texas, January. Waheeduzzaman, A. N. M. (2011), "Emerging markets trade: An empirical inquiry," Annual Conference American Society for Competitiveness, Orlando, Florida, October. Waheeduzzaman, A. N. M. (2011), "Thirty Years of Trade in Emerging Markets: Trend, Impact and Catching Up" 201h Annual World Business Congress, International Management Development Association, Poznan, Poland. July. ACADEMIC AND PROFESSIONAL SERVICE Membership and Positions in Professional Associations American Marketing Association (AMA) Academy of International Business (AIB) American Society for Competitiveness (ASC) International Management Development Association (IMDA) National Geographic Society American Association of University Professors (AAUP) American Association for Retired Persons (AARP) Institute of Management Consultants Bangladesh (IMCB) MBA Club Ltd., Dhaka, Bangladesh Institute of Business Administration Alumni Association (IBAAA), Bangladesh. Social Media Coordinator,American Society for Competitiveness, 2014-Present. Social Media Manager/Administrator, International Management Development Association, 2016- Present. Editorship Associate Editor, Journal of Competitiveness Studies, 2015-present. 9 Associate Editor, Competitiveness Review, 2011-2012. Guest Editor, Special Issue on"Competitiveness of Emerging Nations in a Globalized World," Competitiveness Review, April, 2011. Membership in Editorial Boards Member of the Editorial Board for the following j ournals: Journal of Competitiveness Studies, Journal of Global Competitiveness, Competition Forum, Transnational Corporation Review, and SAMAdvanced Management Journal. Reviewer of Journals and Conferences Review about 10-15 articles a year for the above journals and a few others, e.g.,Journal of International Marketing, International Business Review, Competitiveness Review, International Trade Journal, International Journal ofEmerging Markets, Competitiveness Review, Transnational Corporation Review, Academy and Thunderbird International Business Review. Also serve as reviewer for the yearly conferences of the associations mentioned above. Serve as track chair, session chair, discussant at the following conferences on a regular basis: American Marketing Association, American Society for Competitiveness, International Management Development Association, and Global Business and Technology Association. Workshop Leadership Workshop Leader/Resource Person, Faculty Development Workshop on Research Methodology, BRAC University, Dhaka,Bangladesh,December, 2015. Workshop Leader/Resource Person, Workshop on Research Methodology,United International University, Dhaka, Bangladesh,December 22-24, 2012. Invited Guest Speaker Waheeduzzaman, A. N. M. (2017), "Symposium on International Education as a Tool for Achieving Global Peace," International Education Week, Texas A&M University Corpus Christi,November. Waheeduzzaman, A. N. M. (2016), Plenary session speaker: "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Speaker at the Orientation Ceremony, Rajamangala University of Technology Phra Nakhon (RMUTP), Bangkok, Thailand (2015). Also, made a presentation on"Exploring Consumption Convergence" to the business faculty, August. 10 Waheeduzzaman, A. N. M. (2014), Plenary session speaker: "Assessing the impact of higher education on national competitiveness," Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we need democracy to enhance our national competitiveness," Institute of Business Administration, Dhaka University, Dhaka, Bangladesh, January 7, 2014. Waheeduzzaman, A. N. M. (2013), "From bottomless basket to a middle-income economy-What Bangladesh could do to enhance her international competitiveness," Institute of Management Consultants of Bangladesh, Dhaka, Bangladesh, January 7. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March 11. Waheeduzzaman, A. N. M. (2010), "Emerging Nations in a Globalized World," Executives Club, Texas A&M University-Corpus Christi, March 10. Waheeduzzaman, A. N. M. (2009), "Understanding the Impact of Emerging Nations in a Globalized World," World Affairs Council of South Texas, October. Waheeduzzaman, A. N. M. (2009), "Trade and Competitiveness of Bangladesh," Rotary Club of Dhaka, Bangladesh,August. Waheeduzzaman, A. N. M. (2008), "Understanding the Impact of Emerging Nations," Delta Sigma Pi, Texas A&M University-Corpus Christi, October. Dissertation Supervisor and External Evaluator Serve as committee member/external reviewer for Ph.D. students at TAMUCC, Thammasat University,National Institute of Industrial Engineering, India and Aligarh Muslim University, India. Serve as external reviewer for tenure and promotion candidates at Texas A&M University, University of Pennsylvania Harrisburg, and Duquesne University. TAMUCC Committees/Institutions Currently Serving Chair, International Education Committee, 2016-present. Graduate Council, 2017-present. Member, Adhoc Faculty Performance Committee, 2015-present. College of Business Committees Serving/Served at TAMUCC 11 Adhoc Faculty Performance Committee, 2015-2018. Member, Faculty Qualification Committee, 2015-2017. Member, MBA Task Force, 2013-2016. Chair/Co-Chair, Faculty Research Seminar, 2004-11. Member, Post-tenure Review Committee, 2012-15. Member, Grade Appeals Committee, 2016. Member, Post Tenure Review Committee, 2010-13. Member, Library Committee, 2001-06. Member, COB Assessment Committee, 2001-07. Member, Graduate Advisory Committee, 2000-03, 2006-08. Member, Tenure and Promotion Committee, 2003-05. Member, Accelerated/EMBA Task Force, 2001-02. Member, Math Task Force, 2004-05. University Committees Serving/Served at TAMUCC Chair,International Education Committee, 2016-present. Member, Graduate Council, 2017-present, 2001-03. Chair,Faculty Development Leave Committee, 2010-2012. Chair, Budget Analysis Committee, Faculty Senate, 2006-08. Member, Globalization Group-Strategic Planning Task Force, 2013-14. Member,Emerging Research Task Force, 2003. Member, Honorary Degree Committee, 2006-08, 2013-15. Member, Steering Committee for International Initiatives, 2006. Member, Institutional Review Board, 2003. 12 Senator(representing the College of Business), Faculty Senate, 2004-08. Member,University Scholarship Committee, 2006-09. Member,Academic Council, 2006-08. Member,University Library Committee, 2001-2003. 13 Service at Other Universities Head of Graduate Program and Director,MBA Program,North South University. Designed and implemented MBA program following the AACSB guidelines. Have administered the program for two years. 1997-99. Provided a formal structure to the School of Business. Chair, School of Studies,North South University. 1998-99. Was instrumental in developing an academic calendar,teaching credit system, faculty tenure and promotion criteria, and a strategic plan for the university. Member of various committees of the university including University Porichalona Porishod (Management Board),Academic Council,Finance Committee, Selection Committee, and Curriculum Committee. Vice Chair,Faculty Senate,University of New Haven, 1996-97. Also served as Senator for 3 years (1994-97)representing the School of Business. Participated actively in university administration. Member,Mission Steering Committee, School of Business,University of New Haven. The mission developed by the committee was eventually accepted as the mission of the School of Business that led to its AACSB candidacy for accreditation. Member,MBA Planning and Review Committee, School of Business,University of New Haven. 1996. This committee was responsible for designing an MBA program as per AACSB guidelines. Member, External Affairs Committee,University of New Haven. This committee was responsible for evaluating University of New Haven's academic programs in Israel, Greece, Cyprus, and other places. Member, Academic Standards Committee,University of New Haven. This committee oversees the academic standards of various programs of the university. Consulting (Partial List) Conducted market surveys, estimated demand and market potential, designed competitive strategy, and developed training programs in marketing and international business. Have strong statistical/quantitative and computer background. Partial lists of organizations consulted are given below. Phillips (Bangladesh)Ltd.: Market survey for electric bulbs, fluorescent tubes, audio and audio- visual products. 1984. American Express International Banking Corporation: Feasibility of setting up a joint venture computer service industry. 1981. 14 Bangladesh Textile Mills Corporation (BTMC): Investment feasibility of balancing and modernization of selected textile mills. 1983. International Committee of Management of Population Programs ([COMP), Malaysia and Bangladesh Association for Community Education (BALE), Dhaka: Development of seven leadership and management training workshops for the urban and rural women leaders of Bangladesh. 1986. DISTINCTIONS,AWARDS AND HONORS Teaching Awards Teaching Excellence Award, 2013-14, College of Business, Texas A&M University-Corpus Christi.Nominated for university teaching excellence award. Outstanding Teaching Award(2000-2001), College of Business, Texas A&M University-Corpus Christi. Distinguished Teacher Award(1995-96), awarded by the President of the University of New Haven. Received a certificate and cash reward. Research Awards University Excellence Award in Research for 2011-12, Texas A&M University-Corpus Christi. Faculty Research Enhancement Grant, College of Business, Texas A&M University-Corpus Christi, 2006-07. Project title: Is the Consumption of Durables in Developed and Emerging Markets Converging? Faculty Research Enhancement Grant, Texas A&M University-Corpus Christi, 2004-05. Project title: Modernization, Convergence and Durables: A Comparative Inquiry of the Developed and Emerging Markets. Faculty Research Enhancement Grant, Texas A&M University-Corpus Christi, 2002-03. Project title: Penetration of Consumer Durables in Emerging Markets: Socioeconomic Influences Reconsidered. Faculty Research Enhancement Grant, College of Business, Texas A&M University-Corpus Christi, 2003-04. Project title: Competitiveness of Business Schools: A Quest for a Framework. Research Grant, the Asia Foundation, Dhaka, Bangladesh, 1999. Project title: "Facilitation of Trade and Investment among Bangladesh, India and Nepal: Sub-Regional Cooperation and Competitiveness." 15 Research Grant, Kyoto University, Japan, 1999. Project title: "(Un)ethical Behavior in Business: A Reward Punishment Probability Framework." Summer Research Grant, University of New Haven, 1996-97. Project title: Dimensions of International Competitiveness. Service Awards Outstanding Faculty Award in International Education, Texas A&M University Corpus Christi, 2017. Recognition for Social Media Contribution, American Society for Competitiveness, 2016. Senior Fellow, American Society for Competitiveness, 2013. Received a Certificate of Appreciation by the Mayor, City of Corpus Christi, for Service in the Library Board for six years (2002-08), 2008. Service Award, International Management Development Association, 2007. Academic Honors Alpha Mu Alpha,national honor society for marketing scholars, American Marketing Association, Kent State University, 1992. Beta Gamma Sigma,national honor society for business graduates, George Washington University, 1988. Phi Beta Delta,national honor society for international scholars, Kent State University, 1991. Sigma Beta Delta,national honor society for business majors, University of New Haven, 1996. Doctoral Consortium Fellow,Academy of Management. Dean's nomination, College of Business Administration, Kent State University, 1991. University Merit Scholarship, Dhaka University, Bangladesh, 1978-79. Ranked 1St in MBA (Marketing). Ranked 7th (out of about 50,000 students)in Higher Secondary School Certificate Examination in Rajshahi Board, Bangladesh, 1972. 16 COMMUNITY AND EXTRA-CURRICULAR Member, Corpus Christi Library Board, 2002-08. Appointed by the Mayor of the City. Represented Bangladesh in the D-8 Expert Group Summit on International Marketing and Trade, Cairo, Egypt, 1999. Nominated by the Ministry of Commerce, Government of Bangladesh. Represented George Washington University in International Leadership Workshop organized by Foreign Students Service Council, Washington, D.C. 1987. Chairman, Alumni Affairs, Institute of Business Administration (IBA), Dhaka University. 1982- 85. Organized the Alumni Day and the Reunion in 1983-84. Also was the Treasurer, IBA Alumni Association, Dhaka University.1983-85. Vice President, Old Rajshahi Cadets Association, 1998. Was the General Secretary for the same association during 1976-78. Organized the 3rd Reunion for the old cadets in 1978. Troop Leader, Rajshahi Cadet College scout troop that won district championship in 1968, divisional trophies in 1969, and (the then) all-Pakistan national championship trophy in first aid in 1970. 17 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Constance P. Sanchez, Director of Finance Constance P(a).cctexas.com (361) 826-3227 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Service Agreement for Arbitrage Compliance Services CAPTION: Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for $46,500 with two one- year options for a potential multi-year contract amount of $77,500. PURPOSE: To approve a three-year service agreement with Arbitrage Compliance Specialists, Inc. to provide arbitrage compliance services for the Finance Department. BACKGROUND AND FINDINGS: The agreement provides arbitrage rebate compliance services related to reviewing the City's tax-exempt debt service funds, debts service reserve funds, capital projects funds, and other funds, into which tax-exempt proceeds may have been deposited. The Contractor will also assist in the event of an Internal Revenue Service (IRS) inquiry or audit related to arbitrage issues. The current contract is close to its expiration date. The Purchasing Division conducted a Request for Proposal process to obtain proposals for the new contract. The City received three responsive, responsible proposals for RFP No. 1269 Arbitrage Compliance Services that were evaluated against the criteria in the RFP and is recommending the award to Arbitrage Compliance Specialists, Inc., as the highest scoring firm providing the best value to the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $77,500.00 $77,500.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $77,500.00 $77,500.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Debt Services - 2010 Comments: The contract will be budged in the future year's budgets. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1269 - Arbitrage Compliance Services Sr.Buyer-Roberta Ortiz Proposal Evaluation Arbitrage Compliance Specialists, American Municipal Tax- willdan Financial Services Inc. Exempt Compliance(AMTEC) Minimum Qualifications Must have operated continuously for a minimum of five years as Pass Pass Pass an established firm in providing same service No outstanding lawsuits during last 5 years or current litigation with Pass Pass Pass the City during last 5 years No outstanding regulatory issues last 5 years Pass Pass Pass References Provided for firm Pass Pass Pass Technical Proposal Technical Proposal(35 points) 32 28 25 Firms'Experience(15 points) Team Experience(10 points) Understanding of Project Scope(10 points) Interview Interview(30 points) 29 24 27 Firms'Experience(10 points) Team Identificaton(10 points) Understanding of Project Scope(10 points) Price 27 35 16 Price(35 points) Bonds(25 points) Assistance with IRS related issues(10 points) Totall 88 87 1 62 SC 0 > SERVICE AGREEMENT NO. 1269 U ARBITRAGE COMPLIANCE SERVICES bO RPOR Af� 1852 THIS Arbitrage Compliance Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Arbitrage Compliance Specialists, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide arbitrage compliance services in response to Request for Bid/Proposal No. 1269 ("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 arbitrage compliance services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $46,500.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this 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: Judy Ann Villalon Department: Finance Phone: (361 ) 826-3651 Email: JudyAVCcctexas.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: Judy Ann Villalon Title: City Treasurer Address: 1201 Leopard Street 4th Floor, Corpus Christi, TX 78401 Phone: (361 ) 826-3651 Fax: (361 ) 826-4371 IF TO CONTRACTOR: Arbitrage Compliance Specialists, Inc. Attn: Doug Pahnke, CPA Title: President Address: 5975 S. Quebec St. #205, Centennial, CO 80111 Phone: (303) 867-7538 Fax: (800) 756-6505 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: T� Title: Date: $12!ft 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. 1269 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall provide Arbitrage Services as required to ensure compliance with Section 148 of the Tax Code and Treasury regulations as amended, and assist the City in the event of an Internal Revenue Service (IRS) inquiry or audit related to arbitrage issues. The City is required to calculate interest earned on invested tax-exempt bond proceeds fund balances to determine the arbitrage rebate amount due to the Internal Revenue Service. The purpose of this scope is to establish parameters within which the Contractor is to provide Arbitrage Rebate Compliance Services related to reviewing the City's tax- exempt debt service funds, debts service reserve funds, capital projects funds, and other funds, into which tax-exempt proceeds may have been deposited. 2. Scope of Work - The Contractor Shall: 1 . Perform all required calculations including a calculation of arbitrage yield, arbitrage liability and yield restriction requirements not less than annually for each issue of outstanding obligations of the City. 2. Create and maintain records necessary to determine arbitrage liability. If any, on outstanding obligations of the City. 3. Review reports of investment and expenditure of bond proceeds as necessary to ensure compliance with the IRS. 4. Assist the City in preparing or causing to be prepared any schedules, reports, or records necessary to perform or support a calculation of arbitrage liability. 5. Provide the City a report of the calculations (including supporting documentation) of arbitrage liability within 90 days after the end of the fiscal year (fiscal year end September 30). 6. Prepare transmittals and forms necessary to report and pay arbitrage liability on time. 7. Assist the City in providing information and guidance to the City's client agencies as may be necessary from time to time to improve record-keeping and monitoring required for compliance with the IRS. Page 1 of 2 8. Provide advice and recommendation to the City concerning unique or extraordinary compliance issues that may arise from time to time. 9. Review opportunities and recommend options to minimize existing liabilities or increase retainable earnings. 10. Provide updates to staff regarding changes to IRS regulations regarding arbitrage rebate. 11 . Analyze and prepare post issuance financial calculations (arbitrage) to ensure compliance with IRS regulations. 3. IRS Inquire or Audit Assistance The Contractor shall assist and represent the City as necessary in the event of an IRS inquiry or audit. This work will be compensated on a loaded hourly rate basis. The loaded rate includes all compensation for these services. No additional costs will be allowed. Page 2 of 2 "‘\\;'-.V DATE: 7/16/18 Arbitrage Compliance Specialists, Inc. PROPOSER CITY OF CORPUS CHRISTI Revised Pricing Form 07/12/2018 PURCHASING DIVISION RFP No. 1269 Arbitrage Compliance Services AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, tor the purpose of restricting competition with regard to prices; b. Proposers is an Equipal Opportunity Employer; and the Disclosure of Interst information on file with City's purchaisng office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. 0 Page 1 of 2 ITEM DELIVERY DATE SIZE ISSUE DESCRIPTION MATURITY DATE UNIT ..Option COST YEAR 1 COST YEAR 2 COST YEAR 3 COST YEAR 4 Extension 1 COST YEAR 5 Extension Option 2 1 3/14/2008 13,445,000 North Padre Island Development Corp, 2008 9/15/2022 EA $350 $350 $350 $350 $350 2 4/2/2009 96,490 000 Utility Sys Rev Imp Bonds, 2009 7/15/2039 EA $450 $450 $450 $450 $450 3 8/20/2009 8,460 000 Comb Tax & Lmtd Pledge COs, 2009 3/1/2019 EA $450 $450 $450 $450 $450 4 4/8/2010 8,000.000 Utility Sys Rev Imp Bonds, 2010 7/15/2029 EA $450 $450 $450 $450 5450 5 7/22/2010 13,685,000 General Imp Bonds, 2010 3/1/2030 EA $450 $450 $450 $450 $450 3,000,000 Comb Tax & Lmtd Pledge Rev COs, 2010 3/1/2030 6 8/17/2010 5,500,000 Comb Tax Lmtd Pledge Rev COs, Tax 3/1/2030 EA $450 $450 5450 $450 $450 7 8/17/2010 14,375,000 Utility Sys Rev Imp Bonds, 2010A 7/15/2019 EA $450 $450 $450 $450 $450 8 8/17/2010 60,625,000 Utility Sys Rev Imp Bonds, Tax 2010 BAB _ 7/15/2040 EA $450 5450 5450 $450 $450 9 2/7/2012 44,695,000 General Imp Bonds, 2012 3/1/2026 EA $450 5450 5450 5450 $450 10 2/23/2012 7,390,000 Public Property Fin Contract Oblgtns, 2012 3/1/2024 EA $350 $350 $350 $350 $350 11 5/17/2012 52,500,000 Utility Sys Rev Imp Bonds, 2012 7/15/2042 EA $450 $450 5450 $450 5450 12 7/31/2012 8,340,000 General Imp Ref Bonds, Arpt Ref, 2012A 3/1/2023 EA $450 5450 $450 5450 $450 13 7/31/2012 9,880,000 General imp Ref Bonds, Arpt Ref, 2012E 3/1/2030 EA $450 5450 $450 $450 $450 14 8/2/2012 29,075,000 CC Bus & Job Dev Corp, Seawall Proj, 3/1/2026 EA 5350 5350 5350 5350 $350 15 9/27/2012 5,990,000 Comb Tax & Surplus Arpt Rev COs, 2012 3/1/2037 EA $450 $450 5450 $450 5450 16 12/27/2012 155,660,000 Utility Sys JL Rev & Ref Bonds, 2012 7/15/2042 EA $450 $450 $450 5450 $450 69,085,000 Utility Sys JL Rev Imp Bonds, 2012 7/15/2042 Page 1 of 2 ITEM DELIVERY DATE SIZE ISSUE DESCRIPTION MATURITY DATE UNIT COST YEAR 1 COST YEAR 2 COST YEAR 3 COST YEAR 4 Extension Option 1 COST YEAR 5 Extension Option 2 17 12/27/2012 29,855,000 General Imp Ref Bonds, 2012C 3/1/2023 EA $450 $450 $450 _ $450 $450 18 12/27/2012 107,660,000 General Imp Ref Bonds, Tax 2012 3/1/2038 EA N/A N/A N/A N/A N/A 19 7/31/2013 82,025,000 General Imp Bonds, 2013 3/1/2033 EA $450 $450 $450 $450 $450 20 12/19/2013 97,930,000 Utility Sys Junior Lien Rev Imp Bonds, 7/15/2031 EA $450 $450 _ $450 $450 $450 . 21 2/6/2014 30,555,000 CCBJDC Arena Project Ref, 2014 9/1/2025 EA $350 $350 $350 $350 $350 22 5/8/2014 8,000,000 Tax Note, 2014 3/1/2021 EA $350 $350 $350 $350 $350 23 5/16/2014 9,000,000 PPFCO, 2014 3/1/2026 EA $350 $350 $350 $350 $350 24 1/15/2015 2,600,000 Marina System Rev Bonds, Taxable 2015 9/30/2030 EA N/A N/A N/A N/A _ N/A 25 4/23/2015 93,600,000 Utility Sys JL Rev Imp Bonds, 2015A 9/30/2045 EA 5450 $450 $450 $450 $450 26 07/22/15 101,385,000 Utility Sys JL Rev Imp Bonds, 2015C 7/15/2044 EA $450 $450 $450 $450 _ $450 46,990,000 Utility Sys JL Rev Ref Bonds, 2015D 7/15/2026 27 8/27/2015 9/17/2015 90,520,000 62,785,000 General Imp Bonds, 2015 Nueces River Authority, 2015 3/1/2035 7/15/2027 EA EA $450 $350 $450 $350 S450 $350 $450 $350 $450 $350 28 29 10/20/2015 10,020,000 Comb Tax & Lmtd Pledge Rev COs, Tax 3/1/2035 EA N/A N/A N/A N/A N/A 30 10/20/2015 61.015,000 General Imp Ref Bonds, 2015 3/1/2029 EA $450 $450 $450 $450 _ $450 31 1/14/2016 2,000,000 Comb Tax & Lmtd Pledge Rev COs. 2016 3/1/2035 EA $450 $450 5450 $450 $450 32 8/11/2016 8/25/2016 16,430,000 Comb Tax & Lmtd Pledge Rev COs, 3/1/2036 EA EA $450 $450 $450 $450 5450 $450 $450 _ $450 $450 $450 16.130,000 80.415,000 General Imp Ref Bonds, 2016A Utility Sys JL Rev Ref Bonds, 2016 3/1/2029 7/15/2039 33 34 12/16/2016 5/2/2017 7.365.000 51 215,000 General Imp Ref Bonds, 2016A Utility Sys JL Rev Ref Bonds, 2017 9/1/2026 7/15/2045 EA EA $450 $450 $450 $450_ 5450 5450 $450 $450 $450 $450 35 36 7+17/2017 27,670,000 Utility Sys JL Rev Ref Bonds, 2017A 9/30/2020 EA 5450 $450 5450 $450 $450 37 11/21/2017 2.750,000 Utility Sys JL Rev Imp bonds, Series 2017 7/15/2025 EA $450 $450 5450 $450 $450 38 4/15/2017 2,500,000 Taxable CO's - Landfill, 2017 9/30/2027 EA N/A N/A N/A N/A N/A 39 3/1/2018 34,835,000 UtI Sub Ln Rev Refdg TWBD, 2018 7/15/2029 EA $450 $450 $450 $450 $450 _ 40 5/23/2018 16,355,000 General Improvement Bonds, 2018 3/1/2038 EA 5450 _ $450 $450 $450 $450 14,315,000 Tax & Lmtd Pldg CO - Street, 2018A 3/1/2038 7,490,000 Tax & Lmtd Pldg CO - Landfill, 2018B 3/1/2038 Total Per Year 515,500' $15,500' $15,500* $15,500' $15,500* Description Loaded Hourly Rate for 41 Assistance with IRS Related Issues (As Needed Per Year) UOM 10 HR/Per Year Loaded Rate Years 1 - 3 0.00 Exten Price Year 1-3 50.00 Loaded Rate Extension Option 1 $0.00 5 �d Extension Option 1 $0.00 Loaded Rate Extension Option 2 $0.00 Extended Price Extension Option 2 $0.00 *Note: In the event that ACS determines no gross proceeds exist for any bond issue, the annual fee for such bonds will be $0.00 and ACS will provide written confirmation no gross proceeds are present. The fees proposed above represent at not -to -exceed budget for each fiscal year. 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one 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. Construction contracts including excavation at three feet or more requires Pollution Liability Coverage. In addition, Construction contracts of more than five million dollars require Umbrella Liability 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. ERRORS & OMMISSIONS $1,000,000 Per Occurrence $2,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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. B. 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 Page 1 of 2 C. 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: • 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; • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. D. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. 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. F. 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. G. 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. H. 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 Financial Services Arbitrage Services 08/14/2017 cg Risk Management Section 5.(B) Bonds are not required for this service. Page 2 of 2 ATTACHMENT D: WARRANTY Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting September 11, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting September 18, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison arlenem(a�cctexas.com (361) 826-3356 Type B Economic Development Agreement CAPTION: Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. PURPOSE: The purpose of this item is to approve an agreement between the City of Corpus Christi and the Corpus Christi B Corporation for management of the Type B Economic Development Incentive Program. BACKGROUND AND FINDINGS: On November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. For the initial term of the agreement, the City will not request reimbursement from the Corporation as the Services will be minimal. For renewal years, the City will request reimbursement in the annual budget process. The Type B Board approved recommended approval of this item at its July 16, 2018 meeting. ALTERNATIVES: Council could choose not to approve this item. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 01 1 Fund(s): Type B Fund Comments: N/A RECOMMENDATION: City staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Draft Agreement AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND CITY OF CORPUS CHRISTI FOR MANAGEMENT OF ECONOMIC DEVELOPMENT INCENTIVE PROGRAM This Agreement for management of the Economic Development Incentive Program ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and the City of Corpus Christi ("City"). WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City's City Council ("City Council")and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to manage the use of the sales tax funds for economic development in an effective manner; WHEREAS, the City wishes to manage the sales tax funds for economic development and has contracted with the CCREDC to provide these services in the past; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use economic development funds to repay the cost of managing the economic development projects funded by the Board, by execution of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the Services described in Exhibit "A" and incorporated in this Agreement by reference. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. 2. Payments. The Parties agree that the Corporation will pay the City the annual amount budget for these Services in four equal payments at the start of each quarter for the provision of the Services. For the initial term of the agreement, the City will not request reimbursement from the Corporation as the Page 1 of 4 Services will be minimal. For renewal years, the City will request reimbursement in the annual budget process. The budget shall be approved by the Board and the City Council. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for 18 months beginning April 1 , 2018 and expiring on September 30, 2019. At the end of any term, this Agreement shall automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any Services provided up to the date of termination. Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days' written notice of non-renewal to the other party. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi B Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 b. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI B CORPORATION CITY OF CORPUS CHRISTI President Samuel Keith Selman Interim City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The City will provide the following specific and measurable services for the Corporation: Service as the conduit for all primary/base employers interested in local assistance from Type B. Preparation of a proposal for each project and include information on the company, industry, markets, and products. Each proposal will documentjob creation and capital investment numbers for inclusion intheproposal. Suggest a proposed deal structure for each project. Preparation of an economic and fiscal impact analysis of the project. An analysis of the company's financial strength relative to industry standards. Development of the necessary performance agreements. Annual performance audits (compliance testing) and report of the findings to Type B. Preparation of proposals for all small business assistance programs. Processing of all invoices for payment Annual budget for small business assistance programs. Preparation of proposals for all education and job training skills development projects. Annual budget for education and skills development projects. Page 4 of 4 SC o� Va. AGENDA MEMORANDUM v Future item for the City Council meeting of September 11, 2018 NCRRPUFPIAction Item for the City Council meeting of September 18, 2018 1852 DATE: August 22, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema(a-)cctexas.com 886-2604 Interlocal agreement with City of Robstown for distribution of grant funds CAPTION: Resolution authorizing an Interlocal Agreement with City of Robstown for distribution of $10,217 from FY2017 Edward Byrne Memorial Justice Grant Program. PURPOSE: The City of Robstown has been included in the fund distribution for the City of Corpus Christi and Nueces County. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to provide $10,217 of the appropriated funds to the City of Robstown. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one-half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Grant year 2017 is the first year the City of Robstown has had a specific allocation of funds designated. The City of Robstown City Council approved the interlocal agreement on August 20, 2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,217 $10,217 BALANCE $10,217 $10,217 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with City of Robstown. Resolution authorizing Interlocal Agreements with City of Robstown for distribution of $10,217 from FY2017 Edward Byrne Memorial Justice Grant Program funds. Whereas, the City of Corpus Christi was awarded $10,217 for the City of Robstown in the FY2017 Edward Byrne Memorial Justice Grant Program BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Agreement with the City of Robstown to establish terms to distribute $10,217 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2017 Local Solicitation to City of Robstown. 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 Everett Roy Lucy Rubio Greg Smith i i i i i GMS APPLICATION NUMBER 2017-H2587-TX-DJ i THE STATE OF TEXAS i KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2017 LOCAL SOLICITATION AWARD This agreement is made and entered into this 20th day of August , 2018, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CORPUS CHRISTI"), and the City of Robstown, acting by and through its governing body, the City Council ("ROBSTOWN"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to thatI party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the ROBSTOWN $10,217 JAG funds received from Fiscal Year 2017 award; and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. I F Page 1 of 3 GMS APPLICATION NUMBER 2017-H2587-TX-DJ NOW THEREFORE, the ROBSTOWN and CORPUS CHRISTI agree as follows: Section 1. CORPUS CHRISTI agrees to pay ROBSTOWN $10,217 of the JAG funds received from this award. Section 2. ROBSTOWN agrees to use the $10,217 of JAG funds received from CORPUS CHRISTI under this agreement for the enhancement of law enforcement until September 30, 2020. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CORPUS CHRISTI other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER 2017-H2587-TX-DJ CITY OF CORPUS CHRISTI CITYOF ROBSTOWN Keith Selman da rrera Interim City Manager ay ATTEST: Rebecca Huerta 4rp-an Rodrigue City Secretary City Secretary APPROVED AS TO FORM: Buck Brice Wtt Assistant City Attorney rney For City Attorney August 20 2018 Date Date Page 3 of 3 so O F v AGENDA MEMORANDUM NCORPORA11 Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 16, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Daniel McGinn, AICP, Director of Planning and Environmental & Strategic Initiatives Daniel Mc@cctexas.com (361) 826-7011 Professional Services Contract Area Development Plans —Southside, London, &Westside Planning Districts (General Fund - Comprehensive Planning) CAPTION: Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$300,000 for the Area Development Plans project. PURPOSE: This item will result in updated Area Development Plans for the Southside, London, and Westside planning districts. BACKGROUND AND FINDINGS: The City of Corpus Christi is divided into nine (9) planning districts that each have their own Area Development Plan (ADP). Area Development Plans provide guidance regarding community vision, infrastructure planning, and policy priorities which provide a framework for staff, City Council, and regional agency partners to make long-range decisions. All three Area Development Plans for the Southside, London, and Westside districts were originally adopted in the 1980s. The outdated plans do not reflect current conditions or future needs of these districts. Project No:E17119&E17120 (Page 1) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 Through this item, the ADPs for the noted districts will be updated to establish current conditions, community vision and goals, and implementation strategies identifying priority infrastructure, policy, and programmatic initiatives for the next 20 years. The planning process will emphasize community outreach, and the plans will consider existing conditions, future needs, land use patterns, public infrastructure requirements, environmental impacts, fiscal impacts, and implementation strategies. With the adoption of Plan CC, the City's comprehensive plan, in the fall of 2016, the Planning Division was tasked with updating all nine ADP's. Following the adoption of The Downtown ADP in the spring of 2018, the Southside, London, and Westside planning districts are the next three ADPs that will be updated. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc., was selected through RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning and Environmental & Strategic Initiatives FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 314,000 314,000 Encumbered / Expended Amount This item 300,000 300,000 Future Anticipated Expenditures This 14,000 14,000 Project BALANCE 0 0 Fund(s): General Fund RECOMMENDATION: Staff recommends execution of the professional services contract. Project No:E17119&E17120 (Page 2) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No:E17119&E17120 (Page 3) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 PROJECT BUDGET ESTIMATE Area Development Plans Southside and London Planning Districts Westside Planning District PROJECT FUNDS AVAILABLE: Comprehensive Planning (General Fund) 314,000 TOTAL FUNDS AVAILABLE 314,000 FUNDS REQUIRED: Area Devepment Plans:...................................................................................... 300,000 Engineer(Freese and Nichols, Inc.)................................................. 300,000 Reimbursements:............................................................................................... 14,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)..... 6,000 Engineering Services(Project Mgt)............................................... 7,500 Mi s c....................................................................................... 500 TOTAL 314,000 ESTIMATED PROJECT BUDGET BALANCE - CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17119 Area Development Plants - Southside and London Planning Districts & E17120 Area Development Plans - Westside Planning District The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and FREESE AND NICHOLS, INC., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces, Texas 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Civ. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad 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 3rd party owners/operators. Contract for Professional Services Page 2 of 11 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 $300,000. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 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 Contract for Professional Services Page 3 of 11 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). 4.2 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 Contract for Professional Services Page 4 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by 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. Contract for Professional Services Page 5 of 11 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. 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. Contract for Professional Services Page 6 of 11 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 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 Contract for Professional Services Page 7 of 11 (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 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 Contract for Professional Services Page 8 of 11 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. 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. Contract for Professional Services Page 9 of 11 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. 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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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. Contract for Professional Services Page 10 of 11 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. 12 8/15/2018 Jeff H. Edmonds, P.E. (Date) Ron Guzman, P.E. (Date) Director of Engineering Services 800 N. Shoreline, Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 651-6501 Fax rg@freese.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Unit Account Activity Amount No. No. General Fund- E17119-01- Comprehensive Planning 1020-11455-071 530000 1020-EXP $175,000 General Fund- E17120-01- Comprehensive Planning 1020-11455-071 530000 1020-EXP $125,000 Total $300,000 Contract for Professional Services Page 11 of 11 approaches j Practical results r-001VICHOLS 1; Outstandingsmice 2711 N.Haskell Avenue,Suite 3300 - Dallas,Texas 75204 - 214-217-2200 - FAX 817,735 7491 www_freese com July 30,2018 Sarah West, P.E.,CFM Major Projects Engineer City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Re: E17119 Area Development Plans-Southside and London Planning Districts E17120 Area Development Plans-Westside Planning District Dear Ms.West: Freese and Nichols,Inc. (FNI) is pleased to submit the scope of work and associated attachments to prepare three new 20-year Area Development Plans (ADPs)for the following planning districts; Southside(33.2 sq. miles), London(Outside City Limits-10.6 sq, miles),and Westside(22 sq.miles).The London Area and Southside Area are anticipated to occur concurrently.The work includes extensive community outreach to develop Vision,Goals and Objectives.The planning process will emphasize a community outreach process that incorporates high-tech,web-based platforms (such as web-hosted interactive map applications that will gather community input),with complimentary low-tech approaches.The plans will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, fiscal impact analysis, etc. FNI agrees to perform the professional services outlined in the Scope of Work for a lump sum fee of $300,000.00.We are excited to work with the City of Corpus Christi and provide excellent client service. Sincerely, Wendy Shabay,A1CP Principal/Vice President cc: Daniel McGinn; Keren Costanzo, AICP LEED AP Attachments: Scope of Work Compensation:Summary of Fee Area Development Plans Study Location Map Proposed Project Schedule EXHIBIT A Page 1 of 23 TASK A—SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS SCOPE OF WORK These plans will to prepare new 20-year Area Development Plans (ADPs) for the following planning districts; Southside (33.2 sq. miles), and London (Outside City Limits — 10.6 sq. miles). The plans will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, cost benefit analysis, etc. The scope of work for the plans are contained in the following sections. Project Limits: Southside & London Planning Districts (see attached map) The scope of work is outlined below. TASK 1 — PROJECT MEETINGS AND COMMUNITY ENGAGEMENT 1.1: Project Kickoff Meeting and Area Developments Tour(1 Meeting) Prior to initiating work, the Freese and Nichols, Inc. (FNI)team will conduct a kickoff meeting to discuss our understanding of the project, the project schedule, scope, communication methods, as well as request/receive any additional data that will be required for the study. The City staff should provide GIS files for the study area, background materials on any previous studies, current design standards, any updates to the comprehensive plan and land use ordinances. Recommended attendees include City project manager and staff, and others that will ultimately guide the progress, findings and recommendations of the plans. The FNI team would also like to discuss the following items: • Project vision, goals, and objectives • Priorities for transportation, housing and land use improvements • Composition of the Advisory Committees • Public involvement strategies • Project expectations The City will provide a meeting location and will notify attending team members of the location and time for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of each study area to discuss challenges, issues and opportunities. Deliverables:Meeting agenda,sign-in sheet, contact list, and summary notes City of Corpus Christi—Area Development Plans Scope of Work Pagel of 21 EXHIBIT A Page 2 of 23 1.2: City Staff Progress Meetings The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and a checklist with action items, responsibilities and due dates for appropriate team members, and will schedule and notify attendees of the meetings via e-mail. Deliverables:Meeting agenda/checklist with key discussion items noted and action items. Meetings should be held at key milestones during the project. 1.3: Advisory Committee (4 Meetings) The Advisory Committee (AC)will be formed by the Client and facilitated by members of the FN I team. The AC will be composed of various stakeholders and has the primary responsibility of guiding the activities of the Plans and providing input into the process. The FNI team will meet with the AC at key points during the planning process to discuss key issues related to the development of the Area Development Plans. The City will be responsible for providing a venue for the Committee meetings, and will notify Committee Members of meeting dates and times. The FNI team will provide agendas and materials for discussion at each meeting. The FNI team will: • Participate in four(4) AC meetings throughout the course of the project to update the Committee and get feedback on the process and preliminary recommendations • Assist with defining the planning process • Receive input from the Committee on a plan for obtaining broad community support We propose one (1) committee representing both Southside and London areas (at times the committee could be subdivided into two focus groups, based on the meeting's agenda, content and planned exercises). Deliverables—Meeting agendas, any meeting materials and summary notes with key discussion items noted and action items. Meetings should be held at key milestones during the project for a total of four(4) trips. 1.4: Community Engagement The foundation of the Area Development Plans will be community and stakeholder participation. Community and stakeholder involvement should be inclusive, creative and energetic. Our community engagement process is aimed at educating the various stakeholders and constituencies regarding the City of Corpus Christi—Area Development Plans Scope of Work Page 2 of 21 EXHIBIT A Page 3 of 23 purpose of the livable centers study, and garnering feedback and insight into community need, perceptions, and interests. To bring the community into the process and keep them involved, the Freese and Nichols team will utilize a variety of input techniques. 1.4.1: Project Website and Social Media A project website, created and maintained by City staff, will provide information on the process, a list of events and information such as presentations and graphics as they are developed. The project website will be used to host the online community survey (MetroQuest), to be advertised during the beginning of the project. We will also utilize the City's Facebook and any other City social media accounts to keep the community informed of project updates, events, and to provide information on the importance of planning. The FNI team will provide content and materials to be posted to the project website and any other social media platforms the City desires to post project information. Deliverable—Development of content for the project website and social media, and creation of the online community survey(Metro Quest) 1.4.2: Community Workshop (Town Hall/1 Meeting) The FNI team will facilitate one (1) community workshop to share information about the project, gather community input, and generate further support for the plans. The purpose of this workshop will be to inform and engage the community in the planning process. Specifically, this workshop will explain the planning process, provide an update on the work completed to date, solicit input and feedback, and answer questions of concern and interest expressed by residents and business interests. A variety of engagement tools can be used during the process and will be discussed with City staff during the project kickoff. The Client will be responsible for printing flyers, printing postcards, identifying meeting participants, providing postage and mailing flyers and postcards, if desired. The FNI team will facilitate one (1) community workshops. Meeting space and locations to be determined and hosted by the Client. Deliverables—(1)Items for meeting agendas and preparation of boards or PowerPoint presentation to be used at meetings;(2)Press release write-ups;(3) Summary of public involvement activities/results 1.4.3: Community Think Tank (Charettes/4 Days) City of Corpus Christi—Area Development Plans Scope of Work Page 3 of 21 EXHIBIT A Page 4 of 23 The FNI team will facilitate a four-day community think tank, charette style, event to allow citizens, stakeholders and business owners to provide ideas and think through solutions for any issues related to the respective Southside and London areas. Portions of the think tank will be dedicated to each area. The FNI team will have expert planners and engineers to help provide information and address questions and comments during the charettes. The information gathered and produced during the community think tank will help support plan recommendations and implementation. Deliverables—(1)Materials and preparation of Point presentation to be used at meetings;(2)Press release write-ups;(3)Summary of activities/results 1.5: Community Meeting (1 Meeting) The Freese and Nichols team will present the Area Development Plans final recommendations to the community. City staff will be responsible for marketing and noticing, securing a venue. (Deliverable—Digital PowerPoint Presentation) TASK 2— EXISTING CONDITIONS AND ANALYSIS Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols team will inventory and analyze the existing land uses, transportation, housing, natural environment, and infrastructure within the study areas. 2.1: Analysis of Previous Studies and Plans The FNI team will collect and analyze existing studies and plans that relate to the study areas, such as the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations, current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts, etc. The Client should provide copies of any existing studies and plans, if they are not available on the City's website. 2.2: Existing Land Uses The mix and proximity of current residential and non-residential land uses will be evaluated, creating a baseline to understand the existing relationships. Recommendations and strategies to fill voids or enhance current connections will be evaluated after the existing land uses are mapped. City of Corpus Christi—Area Development Plans Scope of Work Page 4 of 21 EXHIBIT A Page 5 of 23 Based on the existing land use assessment, land use demand/projections for the next five, ten and twenty years by land use type will be recommended. Deliverables—Map and explanation of the existing land use patterns within the Study areas;land use demand/projections for the next five, ten and twenty years 2.3: Pedestrian Connectivity and Transportation Evaluation An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and CCMPO)will provide a detailed understanding of how future development will affect the study areas and surrounding development(s). We will evaluate commuter behavior and trends, and existing levels of demand, as well as origins and destinations. The current pedestrian network will be documented and mapped, and potential gaps and needs evaluated with respect to proposed development/redevelopment projects. Future pedestrian connections will be identified based on the findings of the needs analysis and the desire to maintain logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal connectivity in Corpus Christi and will be identified in the study areas. The FNI team will review existing documents and data related to pedestrian connectivity, mobility and the overall transportation network. We will document the study area's transportation systems and data based on information from existing sources or obtained from field visits. • Transportation system evaluation • Existing and planned bike facilities • Existing sidewalk facilities • Existing traffic volumes from available data, traffic control and roadway geometry • Parking Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.4: Infrastructure and Natural Environment The study will evaluate existing infrastructure and the natural environment in the study areas, and its effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to determine maintenance and replacement cost, annualize those costs, and compare to annual revenues City of Corpus Christi—Area Development Plans Scope of Work Page 5 of 21 EXHIBIT A Page 6 of 23 intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and stormwater. Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.5: Housing and Neighborhoods Assessment The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and opportunities of neighborhoods. The high-level assessment will explore potential neighborhood programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and effectively. We will also explore housing demand and explore housing needs. This assessment will tie into the land use recommendations for, multifamily, single-family, and missing middle housing. Deliverables—Housing and neighborhood assessment identifying characteristics, assets,issues, challenges and opportunities of neighborhoods within each study area 2.6: Fiscal Impact Analysis The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need to be made to address specific fiscal questions. 2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model In this task, we will work with the City to refine the fiscal questions to be addressed. In addition, the FN team will provide the growth assumptions for each Area Plan (i.e., number and types of housing units; amount and type of nonresidential development (square footage); absorption assumption; average property values.) Deliverable—Brief Memorandum outlining questions to be addressed,growth assumptions,and fiscal impact approach;conference calls as necessary with relevant City staff 2.6.2: Develop/Update Level of Service, Cost, and Revenue Factors In this task, we will hold one (1) on-site meeting and conduct conference calls with City personnel as necessary to modify the Fiscal Impact Model developed for the previous Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of City of Corpus Christi—Area Development Plans Scope of Work Page 6 of 21 EXHIBIT A Page 7 of 23 these meetings is to understand the differences and operating/facility needs relative to the two geographic areas—specifically: ■ Southside Area–Service and facility needs specific to this area; existing capacities to serve the area; triggers for new facilities and expanded service. ■ London Area–Service and facility needs due to potential annexation. Average property values; differences in demographic profiles. Deliverable–See Task 2.6.3; One(1)on-site meeting and conference calls as needed with City staff 2.6.3: Modify Cost and Revenue Factors Information obtained during the previous task will be used to vary the relevant cost and revenue factors. This task will modify different cost components for the various service providers, including both facility and non-facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses, specific to the Areas being evaluated. Deliverable–See Task 2.6.5 2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses The FNI team will modify the original city's Fiscal Impact Model for these plans based on the information and factors identified in the previous tasks and Level of Service memorandum. The team will conduct three fiscal impact analyses to address the specific questions identified in Task 2.6.1 . Deliverable–See Task 2.6.5 2.6.5: Prepare Fiscal Impact Technical Memos The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes the fiscal findings. It is anticipated the memo will have the following sections: ■ Introduction ■ Questions Posed ■ Major Assumptions ■ Final Results (May be cumulative, annual, and/or average annual) ■ Major Revenue, Operating Costs, and Capital Cost Findings City of Corpus Christi–Area Development Plans Scope of Work Page 7 of 21 EXHIBIT A Page 8 of 23 The technical memo will be a standalone document, which will be understood by all interested parties. After City review, the final report will be issued. Deliverable—Draft and Final Fiscal Impact Analysis Technical Memoranda TASK 3— PRELIMINARY RECOMMENDATIONS, CONCEPTUAL AND IMPLEMENTATION PLANS Utilizing data from Task 2, stakeholder and community input, professional experience with other successful implementation strategies, the team will formulate recommendations, conceptual and implementation plans for in each study area. The plans will focus on land use, housing, transit/transportation, and other strategic investment opportunities that seek to capitalize on the area's assets. The plans will include policy strategies aimed at encouraging private investment consistent with the City's goals for development and redevelopment within the Study areas. A key component of the plan will be specific implementation steps and necessary capital improvement recommendations. 3.1: Conceptual Plan The conceptual plans will help promote the vision and guide implementation in each study area. The FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings. The concept plan(s) will be created with a development program of recommendations from information collected in Tasks 1-3. The conceptual plan(s) will show the physical buildout/future land uses of development in key areas within the Study areas. The conceptual plan(s)will become the map exhibits that will support the policy, strategies, and recommendations developed during the process. Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and transportation, housing, infrastructure, and key planning strategies 3.2: Implementation Plan The implementation plan will consist of the following primary areas: • An assessment and recommendations of the most likely land uses, and development/ redevelopment opportunities given the existing conditions and fiscal impact analysis. Recommendations will be accompanied by partnership opportunities, potential funding sources, and the projected timeframe for implementation. Projects with the potential for immediate implementation will be identified and prioritized, as well as catalyst projects with the potential for addressing multiple goals and kickstarting investment. City of Corpus Christi—Area Development Plans Scope of Work Page 8 of 21 EXHIBIT A Page 9 of 23 • Policy recommendations aimed at establishing a regulatory and incentive structure that encourages the implementation of the recommendations will be provided. These strategies will include incentive tools that encourage private investment and public-private partnerships. • A list of proposed capital improvements that support the proposed redevelopment recommendations. Special attention will be given to matching potential catalytic public infrastructure projects with priority private development catalyst projects and existing infrastructure plans to achieve the largest impact. Deliverable:An implementation plan structured into a coordinated action program. The implementation plan will identify action items,priorities,potential funding options,partners, and timeline TASK 4—DRAFT SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS 4:1: Draft Report The Freese and Nichols team will prepare draft Area Development Plans, documenting the work outlined in the previous tasks. The draft Area Development Plans will be provided via email. The FNI team will provide a digital formatted copy for review. The draft study will be submitted to the City of Corpus Christi and AC for review. The draft study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. Deliverables:Draft plan in electronic format for review,maps that are a part of the draft report will be submitted as separate files;existing conditions maps and policy level planning items such as land use, zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format,and no more than three(3)revisions of the plans TASK 5—FINAL SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS 5:1: Final Report Upon completion of review of the draft Area Development Plans, the FNI team will prepare the final Southside and London Area Development Plans. The Final Study should include, but is not limited to, City of Corpus Christi—Area Development Plans Scope of Work Page 9 of 21 EXHIBIT A Page 10 of 23 the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. The Final Study will be high quality with clear images and illustrations with written text. All maps and tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. The Freese and Nichols team will attend one (1) City Community meeting. At this meeting, the Consultant will present the planning scope, process, findings and final recommendations for adoption. If additional meetings are necessary, the Client agrees to conduct the meetings or negotiate additional services with the Consultant. After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey results, etc. Deliverables:Electronic submittal of study for one(1)final review,one(1)final presentations for City adoption;final Corpus Christi Area Development Plans(one high-resolution and one low-resolution electronic format file);two (2)flash drives or a web-based file sharing platform containing electronic files of final study in InDesign and as a PDF, maps,photos and graphics, and all other project files;existing conditions maps and policy level planning items such as land use,zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format City of Corpus Christi—Area Development Plans Scope of Work Page 10 of 21 EXHIBIT A Page 11 of 23 TASK B—WESTSIDE AREA DEVELOPMENT PLAN SCOPE OF WORK The plan will to prepare new 20-year Area Development Plan (ADPs) for the following planning district; Westside (22 sq. miles). The plan will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, cost benefit analysis, etc. The scope of work for the plan is contained in the following sections. Project Limits: Westside Planning District (see attached map) The scope of work is outlined below. TASK 1 — PROJECT MEETINGS AND COMMUNITY ENGAGEMENT 1.1: Project Kickoff Meeting and Westside Area Development Tour(1 Meeting) Prior to initiating work, the Freese and Nichols, Inc. (FNI) team will conduct a kickoff meeting to discuss our understanding of the project, the project schedule, scope, communication methods, as well as request/receive any additional data that will be required for the study. The City staff should provide GIS files for the study area, background materials on any previous studies, current design standards, any updates to the comprehensive plan and land use ordinances. Recommended attendees include City project manager and staff, and others that will ultimately guide the progress, findings and recommendations of the plan. The FNI team would also like to discuss the following items: • Project vision, goals, and objectives • Priorities for transportation, housing and land use improvements • Composition of the Advisory Committees • Public involvement strategies • Project expectations The City will provide a meeting location and will notify attending team members of the location and time for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of the study area to discuss challenges, issues and opportunities. Deliverables:Meeting agenda,sign-in sheet, contact list, and summary notes City of Corpus Christi—Area Development Plans Scope of Work Page 11 of 21 EXHIBIT A Page 12 of 23 1.2: City Staff Progress Meetings The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and a checklist with action items, responsibilities and due dates for appropriate team members, and will schedule and notify attendees of the meetings via e-mail. Deliverables:Meeting agenda/checklist with key discussion items noted and action items;Meetings should be held at key milestones during the project. 1.3: Advisory Committee (4 Meetings) The Advisory Committee (AC) will be formed by the Client and facilitated by members of the FNI team. The AC will be composed of various stakeholders and has the primary responsibility of guiding the activities of the Plan and providing input into the process. The FNI team will meet with the AC at key points during the planning process to discuss key issues related to the development of the Area Development Plan. The City will be responsible for providing a venue for the Committee meetings and will notify Committee Members of meeting dates and times. The FNI team will provide agendas and materials for discussion at each meeting. The FNI team will: • Participate in four(4)AC meetings throughout the course of the project to update the Committee and get feedback on the process and preliminary recommendations • Assist with defining the planning process • Receive input from the Committee on a plan for obtaining broad community support Deliverables—Meeting agendas, any meeting materials and summary notes with key discussion items noted and action items. Meetings should be held at key milestones during the project for a total of four(4) trips. 1.4: Community Engagement The foundation of the Area Development Plan will be community and stakeholder participation. Community and stakeholder involvement should be inclusive, creative and energetic. Our community engagement process is aimed at educating the various stakeholders and constituencies regarding the purpose of the livable centers study, and garnering feedback and insight into community need, perceptions, and interests. To bring the community into the process and keep them involved, the Freese and Nichols team will utilize a variety of input techniques. City of Corpus Christi—Area Development Plans Scope of Work Page 12 of 21 EXHIBIT A Page 13 of 23 1.4.1: Project Website and Social Media A project website, created and maintained by City staff, will provide information on the process, a list of events and information such as presentations and graphics as they are developed. The project website will be used to host the online community survey (MetroQuest), to be advertised during the beginning of the project. We will also utilize the City's Facebook and any other City social media accounts to keep the community informed of project updates, events, and to provide information on the importance of planning. The FNI team will provide content and materials to be posted to the project website and any other social media platforms the City desires to post project information. Deliverable—Development of content for the project website and social media, and creation of the online community survey(Metro Quest) 1.4.2: Community Workshop (Town Hall/1 Meeting) The FNI team will facilitate one (1) community workshop to share information about the project, gather community input, and generate further support for the plan. The purpose of this workshop will be to inform and engage the community in the planning process. Specifically, this workshop will explain the planning process, provide an update on the work completed to date, solicit input and feedback, and answer questions of concern and interest expressed by residents and business interests. A variety of engagement tools can be used during the process and will be discussed with City staff during the project kickoff. The Client will be responsible for printing flyers, printing postcards, identifying meeting participants, providing postage and mailing flyers and postcards, if desired. The FNI team will facilitate one (1) community workshops. Meeting space and locations to be determined and hosted by the Client. Deliverables—(1)Items for meeting agendas and preparation of boards or PowerPoint presentation to be used at meetings;(2)Press release write-ups;(3) Summary of public involvement activities/results 1.4.3: Community Think Tank (Charette/3 Days) The FNI team will facilitate a three-day community think tank, charette style, event to allow citizens, stakeholders and business owners to provide ideas and think through solutions for any issues related to the respective Westside area. Three days will be reserved for the Westside City of Corpus Christi—Area Development Plans Scope of Work Page 13 of 21 EXHIBIT A Page 14 of 23 Area Development plan. The FNI team will have expert planners and engineers to help provide information and address questions and comments during the charettes. The information gathered and produced during the community think tank will help support plan recommendations and implementation. Deliverables—(1)Materials and preparation of Point presentation to be used at meetings;(2)Press release write-ups;(3)Summary of activities/results 1.5: Community Meeting (1 Meeting) The Freese and Nichols team will present the Area Development Plan final recommendations to the community. City staff will be responsible for marketing and noticing, securing a venue. Deliverable—Digital PowerPoint Presentation TASK 2— EXISTING CONDITIONS AND ANALYSIS Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols team will inventory and analyze the existing land uses, transportation, housing, natural environment, and infrastructure within the study area. 2.1: Analysis of Previous Studies and Plans The FNI team will collect and analyze existing studies and plans that relate to the study area, such as the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations, current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts, etc. The Client should provide copies of any existing studies and plans, if they are not available on the City's website. 2.2: Existing Land Uses The mix and proximity of current residential and non-residential land uses will be evaluated, creating a baseline to understand the existing relationships. Recommendations and strategies to fill voids or enhance current connections will be evaluated after the existing land uses are mapped. Based on the existing land use assessment, land use demand/projections for the next five, ten and twenty years by land use type will be recommended. City of Corpus Christi—Area Development Plans Scope of Work Page 14 of 21 EXHIBIT A Page 15 of 23 Deliverables—Map and explanation of the existing land use patterns within the Study area;land use demand/projections for the next five, ten and twenty years 2.3: Pedestrian Connectivity and Transportation Evaluation An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and CCMPO) will provide a detailed understanding of how future development will affect the study area and surrounding development(s). We will evaluate commuter behavior and trends, and existing levels of demand, as well as origins and destinations. The current pedestrian network will be documented and mapped, and potential gaps and needs evaluated with respect to proposed development/redevelopment projects. Future pedestrian connections will be identified based on the findings of the needs analysis and the desire to maintain logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal connectivity in Corpus Christi and will be identified in the study area. The FNI team will review existing documents and data related to pedestrian connectivity, mobility and the overall transportation network. We will document the study area's transportation systems and data based on information from existing sources or obtained from field visits. • Transportation system evaluation • Existing and planned bike facilities • Existing sidewalk facilities • Existing traffic volumes from available data, traffic control and roadway geometry • Parking Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.4: Infrastructure and Natural Environment The study will evaluate existing infrastructure and the natural environment in the study area, and its effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to determine maintenance and replacement cost, annualize those costs, and compare to annual revenues intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and stormwater. City of Corpus Christi—Area Development Plans Scope of Work Page 15 of 21 EXHIBIT A Page 16 of 23 Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.5: Housing and Neighborhoods Assessment The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and opportunities of neighborhoods. The high-level assessment will explore potential neighborhood programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and effectively. We will also explore housing demand and explore housing needs. This assessment will tie into the land use recommendations for, multifamily, single-family, and missing middle housing. Deliverables—Housing and neighborhood assessment identifying characteristics,assets, issues, challenges and opportunities of neighborhoods within each study area 2.6: Fiscal Impact Analysis The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need to be made to address specific fiscal questions. 2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model In this task, we will work with the City to refine the fiscal questions to be addressed. In addition, the FNI team will provide the growth assumptions for the Area Plan (i.e., number and types of housing units; amount and type of nonresidential development (square footage); absorption assumption; average property values.) Deliverable—Brief Memorandum outlining questions to be addressed,growth assumptions,and fiscal impact approach;conference calls as necessary with relevant City staff 2.6.2: Develop/Update Level of Service, Cost, and Revenue Factors In this task, we will hold one (1) on-site meeting and conduct conference calls with City personnel as necessary to modify the Fiscal Impact Model developed for the previous Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of these meetings is to understand the differences and operating/facility needs relative to the following geographic areas: City of Corpus Christi—Area Development Plans Scope of Work Page 16 of 21 EXHIBIT A Page 17 of 23 ■ Westside Area— Existing operating and capital capacities available to accommodate redevelopment. Valuation assumptions. Deliverable—See Task 2.6.3;One(1)on-site meeting and conference calls as needed with City staff 2.6.3: Modify Cost and Revenue Factors Information obtained during the previous task will be used to vary the relevant cost and revenue factors. This task will modify different cost components for the various service providers, including both facility and non-facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses, specific to the Areas being evaluated. Deliverable—See Task 2.6.5 2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses The FNI team will modify the original city's Fiscal Impact Model for these plans based on the information and factors identified in the previous tasks and Level of Service memorandum. The team will conduct three fiscal impact analyses to address the specific questions identified in Task 2.6.1. Deliverable—See Task 2.6.5 2.6.5: Prepare Fiscal Impact Technical Memos The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes the fiscal findings. It is anticipated the memo will have the following sections: ■ Introduction ■ Questions Posed ■ Major Assumptions ■ Final Results (May be cumulative, annual, and/or average annual) ■ Major Revenue, Operating Costs, and Capital Cost Findings The technical memo will be a standalone document, which will be understood by all interested parties. After City review, the final report will be issued. Deliverable—Draft and Final Fiscal Impact Analysis Technical Memoranda City of Corpus Christi—Area Development Plans Scope of Work Page 17 of 21 EXHIBIT A Page 18 of 23 TASK 3— PRELIMINARY RECOMMENDATIONS, CONCEPTUAL AND IMPLEMENTATION PLAN Utilizing data from Task 2, stakeholder and community input, professional experience with other successful implementation strategies, the team will formulate recommendations, conceptual and implementation plans for the study area. The plan will focus on land use, housing, trans it/transportation, and other strategic investment opportunities that seek to capitalize on the area's assets. The plan will include policy strategies aimed at encouraging private investment consistent with the City's goals for development and redevelopment within the Study area. A key component of the plan will be specific implementation steps and necessary capital improvement recommendations. 3.1: Conceptual Plan The conceptual plan(s) will help promote the vision and guide implementation in the study area. The FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings. The concept plan(s) will be created with a development program of recommendations from information collected in Tasks 1-3. The conceptual plan(s) will show the physical buildout/future land uses of development in key area within the Study area. The conceptual plan(s) will become the map exhibits that will support the policy, strategies, and recommendations developed during the process. Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and transportation, housing, infrastructure,and key planning strategies 3.2: Implementation Plan The implementation plan will consist of the following primary areas: • An assessment and recommendations of the most likely land uses, and development/ redevelopment opportunities given the existing conditions and fiscal impact analysis. Recommendations will be accompanied by partnership opportunities, potential funding sources, and the projected timeframe for implementation. Projects with the potential for immediate implementation will be identified and prioritized, as well as catalyst projects with the potential for addressing multiple goals and kickstarting investment. • Policy recommendations aimed at establishing a regulatory and incentive structure that encourages the implementation of the recommendations will be provided. These strategies will include incentive tools that encourage private investment and public-private partnerships. • A list of proposed capital improvements that support the proposed redevelopment recommendations. Special attention will be given to matching potential catalytic public City of Corpus Christi—Area Development Plans Scope of Work Page 18 of 21 EXHIBIT A Page 19 of 23 infrastructure projects with priority private development catalyst projects and existing infrastructure plans to achieve the largest impact. Deliverable:An implementation plan structured into a coordinated action program. The implementation plan will identify action items,priorities,potential funding options,partners, and timeline TASK 4— DRAFT WESTSIDE AREA DEVELOPMENT PLAN 4:1: Draft Report The Freese and Nichols team will prepare draft Area Development Plan, documenting the work outlined in the previous tasks. The draft Area Development Plan will be provided via email. The FNI team will provide a digital formatted copy for review. The draft study will be submitted to the City of Corpus Christi and AC for review. The draft study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. Deliverables:Draft plan in electronic format for review,maps that are a part of the draft report will be submitted as separate files;existing conditions maps and policy level planning items such as land use, zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format,and no more than three(3)revisions of the plan TASK 5—FINAL WESTSIDE AREA DEVELOPMENT PLAN 5:1: Final Report Upon completion of review of the draft Area Development Plan, the FNI team will prepare the final Westside Area Development Plan. The Final Study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. The Final Study will be high quality with clear images and illustrations with written text. All maps and tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply City of Corpus Christi—Area Development Plans Scope of Work Page 19 of 21 EXHIBIT A Page 20 of 23 its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. The Freese and Nichols team will attend one (1) Community meeting. At this meeting, the Consultant will present the planning scope, process, findings and final recommendations for adoption. If additional meetings are necessary, the Client agrees to conduct the meetings or negotiate additional services with the Consultant. After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey results, etc. Deliverables:Electronic submittal of study for one(1) final review,one(1) final presentations for City adoption;final Corpus Christi Area Development Plan(one high-resolution and one low-resolution electronic format file);two (2) flash drives or a web-based file sharing platform containing electronic files of final study in InDesign and as a PDF, maps,photos and graphics, and all other project files;existing conditions maps and policy level planning items such as land use,zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format Schedule: The scope of work for all three area development plans will begin September 2018 and be completed by December 2019. Compensation: Freese and Nichols agrees to perform the professional services outlined in the Scope of Work for a lump sum fee of$300,000. Summary of Fees Task A- Southside and London Area Development Plans Task Fee Task 1 - Project Meetings and Community Engagement $51,900 Task 2— Existing Conditions and Analysis $44,187 Task 3 - Preliminary Recommendations, Conceptual & Implementation Plans $32,113 Task 4 - Draft Southside and London Area Development Plans $26,900 Task 5 - Final Southside and London Area Development Plans $19,900 Task A Subtotal: $175,000 City of Corpus Christi—Area Development Plans Scope of Work Page 20 of 21 EXHIBIT A Page 21 of 23 Task B -Westside Area Development Plan Task Fee Task 1 - Project Meetings and Community Engagement $44,358 Task 2— Existing Conditions and Analysis $25,387 Task 3 - Preliminary Recommendations, Conceptual & Implementation Plan $18,837 Task 4 - Draft Westside Area Development Plan $22,718 Task 5 - Final Westside Area Development Plan $13,700 Task B Subtotal: $125,000 Total Authorized Fee $300,000 City of Corpus Christi—Area Development Plans Scope of Work Page 21 of 21 EXHIBIT A Page 22 of 23 CL Thr N goo (U @ LLI CL m ui Lu 'E E E E u) a) LLJ N U) F! LLJ E 0) 8 c 2 4-0 U) 1 C36 Lj 0 0 LLI CL !E Q LLI (1) U) 0 ui CL a) U) 2 o4-0 c 00 0 QL cli CY) 200 0 .0 M co 4-0 cn mn C) fi!L---- U) tf U) U) E 0 N-7j U) _0 0 0 :F 44F 0 0 --j: C) C) U) EXHIBIT A Page 23 of 23 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 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 1 Rev 04/17 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 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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; 1.6.4 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 2 Rev 04/17 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. 3 Rev 04/17 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Co� DISCLOSURE OF INTEREST ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: FREESE AND NICHOLS,INC P. O.BOX: STREET ADDRESS: 800 N SHORELINE BLVD CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) r Signature of Certifying Date: August 15, 2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Engineering Area Development Plans Southside, London & Westside Planning Districts Council Presentation September 11, 2018 Project Locations *.sChIst, Engineering \� 1 LegendSo uths 4eLondon A Westside ,�`�R, London ARAN �� i r. Mlles Project Scope 1 *.s-Ch, Engineering • City is divided into 9 planning districts that each have their own Area Development Plan (ADP). • ADPs provide guidance regarding community vision, infrastructure planning, and policy priorities. • The Southside, London, and Westside district ADPs will be updated through this item • Current plans adopted in 1980's. • Outdated plans do not reflect current conditions or future needs of these districts. • This contract updates the ADPs to establish current conditions, community vision and goals, and implementation strategies identifying priority infrastructure, policy, and programmatic initiatives for the next 20 years. 0* Project Schedule w Corpus Ch,sti Engineering • , • O N D J F M A M J J A S O N D PROJECT Projected Schedule reflects City Council award in October 2018 with anticipated completion in December 2019. N SCALE: N.T.S. .a+RJ1 J�_l4 F 4 carpus Christi 91 Westside t `\ S 1 Southside London Planning Districts 4 Westside _ Southside N London City Limits Miles Sources: Esri, HERE, DeLorme,USGS,Intermap, INCREMENT P,NRCan,Esri Japan, 0 1 2 4 6 8 METI,Esri China(Hong Kong),Esri Korea,Esri(Thailand),Mapmylndia,NGCC, OpenStreetMap contributors,and the GIS User,Community LOCATION MAP NOT TO SCALE Projects: E17119-E17120 Area Development Plans: Southside CITY COUNCIL EXHIBIT and London Planning Districts and CITY OF CORPUS CHRISTI,TEXAS RQ Westside Planning District DEPARTMENT OF ENGINEERING SERVICES SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 13, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Professional Services Contract Automated Pavement Condition Index Survey (Street Operations) CAPTION: Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. PURPOSE: This project will perform an Automated Pavement Condition Index Survey for the City's street network and update of the City Street database. BACKGROUND AND FINDINGS: The Pavement Condition Index (PCI) is used to characterize the general street conditions and is the primary indicator for street maintenance, repairs, rehabilitation and reconstruction. The City converted from manual inspections and assessments to Automated Pavement Condition assessment in 2015. Prior to the automated process City Street Department performed a manual inspection and scoring process. PCI ratings must be updated every three (3) years to ensure conditions and planned maintenance actions are up-to-date and cost effective. Project No:E18111A 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 The following table summarizes the street maintenance plans with respective PCI ranges: PCI Range Street Maintenance Programs (0-100) 71 - 100 Preventative Maintenance — Seal Coats & Pothole repairs 56 - 70 Preventative Maintenance — Overlays & Minor Street Improvements 35 - 55 Rehabilitation 0 - 34 Reconstruction The automated pavement assessment is performed by vehicles equipped with laser imagery, multiple cameras, and computerized systems to digitally capture the pavement distresses(cracks, fatigue, rutting, etc.). This data collected includes location and pavement material with the distress (type, severity, extent and depths) analyzed, and compiled into a database with resulting PCI for all City streets with multiple passes on arterials and collectors. The project was advertised through a competitive Request for Proposals (RFP) to select the proposal that represents the "best value" with respect to price, qualifications, past performance and other relevant criteria listed in the RFP. The evaluation criteria is summarized below: ■ Price — Respondent's price is within project budget. ■ Experience, Background, Qualifications — Respondent's relevant experience under these projects, specific experience with public entities, resources, professional qualifications, safety records, and field experience with minimum five years relevant experience. ■ Proposal Plan— Respondent's plan and approach, methodology and software, operational plan, quality assurance, safety plan, and training plan. The RFP consisted of a Base Bid with two Additive Alternates as described below: ■ Base Bid — The automated PCI survey by a van equipped with the latest high tech laser line projectors, high speed cameras, and advanced optics to acquire high resolution profiles of the street while driving on the street. Compilation and analysis of the data into a single database with the updated PCI. Submission of final reports and hard drive with the required database. ■ Additive Alternates 1 — Perform an automated inventory of signs and markings to be incorporated into the database. (Not awarded) ■ Additive Alternates 2 — Provide technical support as required for various services associated with the PCI survey and assessments. Transmap's proposal was determined as the best value with the lowest proposed cost. Therefore, City staff recommends execution of a contract with Transmap Corporation for the Base Bid and Additive Alternate No. 2 for a total award amount of$220,983.19. The City received two (2) fully qualified proposals on June 20, 2018 that are summarized below: RESPONDENT BASE BID ADD ALT NO. 2 TOTAL BID Transmap Corporation, $201,183.19 S19,800.00 $220,983.19 Upper Arlington, Ohio Data Transfer Solutions, LLC, Orlando, FL $284,900.00 $40,000.00 $324,900.00 Engineer's Opinion of $300,000.00 $300,000.00 Probable Cost Project No:E18111 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 ALTERNATIVES: 1. Authorize execution of the professional service agreement. (Recommended) 2. Do not authorize execution of the professional service agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 220,983.19 220,983.19 Encumbered / Expended Amount This item 220,983.19 220,983.19 Future Anticipated Expenditures This Project BALANCE 0.00 0.00 Fund(s): Street Department Operating Fund RECOMMENDATION: City staff recommends approval of the professional service contract. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Contract Project No:E18111 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 4$ 1 N SCALE: N.T.S. CITYWIDE PROJECT .� a NUECES RAY ° N CORPUS CHRISTI N °b L e Haan CORPUS CHRISTI RAY 7 cwesn aee OSO LLtt w mR aee FLOUR BLUFF aee m LAGUNA NADRE GULF OF NEXCO LOCATION MAP NOT TO SCALE Project Number: 18111A Automated Pavement Condition CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS (PCI) Index Survey DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PAVEMENT ASSESSMENT & MANAGEMENT SERVICES FOR PROJECT: RFP NO. 2018-05 AUTOMATED PAVEMENT CONDITION INDEX SURVEY 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 Transmap Corporation, an Ohio corporation, 5030 Transamerica Drive, Franklin,OH,43228-9335, (Respondent), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES.....................................................................2 ARTICLE II QUALITY CONTROL.........................................................................2 ARTICLE III COMPENSATION..............................................................................2 ARTICLE IV TIME AND PERIOD OF SERVICE.....................................................4 ARTICLE V INSURANCE REQUIREMENTS.........................................................5 ARTICLE VI INDEMNIFICATION............................................................................5 ARTICLE VII TERMINATION OF AGREEMENT.....................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT.......................................................6 ARTICLE IX OWNER REMEDIES..........................................................................7 ARTICLE X RESPONDENT REMEDIES...............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION.............................................7 ARTICLE XII MISCELLANEOUS PROVISIONS......................................................9 K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 1 of 11 ARTICLE I —SCOPE OF SERVICES 1.1 The Respondent 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 Respondent 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 this Agreement. The approved Scope of Services defines the services to be performed by Respondent under this Agreement. 1.2 Respondent shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestone s,the Respondent and City will review the progress of the data collection and reports 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 Respondent shall provide labor, equipment and transportation necessaryto complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Respondent to perform work pursuant to this Agreement shall be employees or subconsultants of Respondent. Upon request, Respondent 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 Respondent's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Respondent 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 Respondent or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Respondent will provide monthly status updates (project progress or delays)in the format requested by the City with each monthly invoice. 1.6 The Respondent 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 11 —QUALITY CONTROL 2.1 The Respondent agrees to perform quality assurance-quality control reviews (QCP Review). The City reserves the right to retain a separate firm to perform additional QCP services for the City. 2.2 The Respondent 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 Respondent must reconcile the Project Scope as needed. 2.3 Final documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final documents are found not to be in compliance with this Agreement, no compensation for revisions and resubmission of documents will be authorized. ARTICLE III — COMPENSATION 3.1 The Compensation for all Basic and Additional services (Base Bid Part A& Part B—General and Additive Alternate No. 2 ONLY)included in this Agreement and in the Scope of Services for this Agreement shall not exceed $220,983.19. K:Engineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 2 of 11 3.2 The Respondent'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. 3.3 The Respondent 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 Respondent 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. Respondent 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 Exhibit B. Each invoice will include the Respondent'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 Respondent's monthly invoices. 3.6 Respondent certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Respondent 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 Respondent's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Respondent or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. RESPONDENT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS,CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO RESPONDENT. 3.7 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 Respondent." 3.8 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Respondent is responsible, because of: 3.8.1 delays in the performance of work; 3.8.2 failure to make payments to subconsultants or vendors for labor, materials or equipment; 3.8.3 damage to City; or 3.8.4 persistent failure to carry out the performance of its services in accordance with this Agreement. 3.9 When the above reasons for withholding are removed or remedied by Respondent, 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. 3.10 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, Respondent 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 Respondent does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.11 Request of final compensation shall constitute a waiver of claims except those previously made in writing and identified by Respondent as unsettled at the time of final Payment Request. K:Engureerurg Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 3 of 11 3.12 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 180 days beginning on the Effective Date. 4.3 The Respondent 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 Respondent and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Respondent 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 Respondent and City are aware that many factors may affect the Respondent's ability to complete the services to be provided under this agreement. The Respondent must notify the City within 10 business days of becoming aware of a factor that may affect the Respondent'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. 4.7 Liquidated Damages: A. Owner and Contractor recognize that time limits for specified Milestones and completion with Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer economic loss if the Work is not completed within the times specified stated above in Section 4.2 and as adjusted in accordance with ARTICLE IX—OWNER REMEDIES of the Contract. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Completion of the Remaining Work: Contractor agrees to pay Owner 400 for each day that expires after the time specified in ARTICLE IV—TIME AND PERIOD OF SERVICE for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with ARTICLE III—COMPENSATION of the Contract. 2. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in the Contract for failure to meet Milestone completions. 3. The Owner will determine whether the Work has been completed within the Contract Times. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 4 of 11 B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Respondent must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Respondent must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Respondent 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 subconsultants,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 Respondent or its agent, Respondent under contract or another entity over which Respondent 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. Respondent 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 Respondent shall reimburse the City's reasonable attorney's fees in proportion to the Respondent's liability. Respondent must advise City in writing within 24 hours of any claim or demand against City or Respondent known to Respondent related to or arising out of Respondent's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Respondent: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Respondent may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Respondent must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Respondent at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Respondent. If Respondent 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 Respondent again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days K:Tngmeeruig Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 5 of 11 written notice to the Respondent with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Respondent for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs, or Respondent takes action to cure a failure to perform under the cure period, Respondent 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 Respondent has successfully cured a failure to perform, Respondent shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Respondent shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Respondent will be compensated for its services based upon a Time& Materials calculation or Respondent and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Respondent acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Respondent to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Respondent of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Respondent grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Respondent'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. Respondent agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Respondent'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 (Respondent'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 the City's and Respondent's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Respondent's Records only during Respondent's regular business hours. Respondent agrees to allow City's designee access to all of Respondent's Records, Respondent's facilities and Respondent's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Respondent also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Respondent shall include this audit clause in any subcontractor, supplier or vendor contract. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 6 of 11 ARTICLE IX—OWNER REMEDIES 9.1 The City and Respondent agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Respondent to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Respondent to perform 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 Respondent. 9.1.3 Losses are incurred because of errors and/or omissions in the working drawings or other documents prepared by the Respondent to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 When the City incurs non-value added work costs for change orders due to errors and/or omissions,the City will send the Respondent a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Respondent to revise documents, if appropriate, at no additional cost to City; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Respondent's response. 9.3 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— RESPONDENT REMEDIES 10.1 If Respondent 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 Respondent'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 Respondent's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Respondent is not responsible for damages arising from any cause beyond Respondent's reasonable control. 10.3 If Respondent requests a remedy for a condition not specified above, Respondent must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Respondent, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Respondent by his/her signature,verifying the truth and accuracy of the Claim. K:Tngureerurg Projects Data ManagernermI SI I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 7 of 11 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within 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 Respondent. If Respondent is not satisfied with the proposal presented, Respondent will have 30 calendar days in which to (i)submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Respondent shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Respondent shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Respondent are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Respondent and to claims by City: 11.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 8 of 11 11.4 In case of litigation between the parties, Respondent 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. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement 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 Respondent staff. This includes subcontracts entered into for services under this Agreement. If the Respondent 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 Respondent fee may be assigned in advance of receipt by the Respondent without written consent of the City. The City will not pay the fees of expert or technical assistance and Respondents unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Respondent 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. Respondent may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Respondent, shall be a City's sole risk and without liability or legal exposure to Respondent. 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. 12.3 Standard of Care. Services provided by Respondent 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. 12.4 Licensing. Respondent shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Respondent under this Agreement shall be that of independent contractor. City may explain to Respondent the City's goals and objectives in regard to the services to be performed by Respondent, but the City shall not direct Respondent on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Respondent 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 Respondent. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Respondent. Neither the City nor Respondent intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Respondent agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. K:Engureerurg Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 9 of 11 12.9 Certificate of Interested Parties. For contracts greater than $50,000, Respondent 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.htm1. 12.10 Conflict of Interest. Respondent agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Respondent hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.13 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. 12.14 Conflict Resolution Between Documents. Respondent hereby agrees and acknowledges if anything contained in the Respondent-prepared Exhibit A, Respondent's Scope of Services, or contained in any other document prepared by Respondent 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 TRANSMAP CORPORATION Jeff H. Edmonds, P. E. Date Howard Luxhoj, P.E. Date Director of Engineering Services President/CEO 5030 Transamerica Drive APPROVED AS TO LEGAL FORM Columbus, OH 43228-9335 (614) 886-4100 hluxhoj@transmap.com Assistant City Attorney Date ATTEST City Secretary Date K:Engineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 10 of 11 Project Name: RFP No. 2018-05 Automated Pavement Condition Index Survey Project Number: 18111A Accounting Unit: 1041-12415-051 Account: 530000 Activity: 18111-A-1041-EXP Account Category: 30000 Fund Name: Streets Amount: $220,983.19 K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 11 of 11 roadway inventory asset management integration map June 18th, 2018 City of Corpus Christi, Texas Attn: Jeff H. Edmonds,PE, Director of Engineering Services 1201 Leopard Street, 3rd Floor,Corpus Christi,Texas 78401 RE: Request For Proposal(No. 3018-05),Automated Pavement Condition Index Survey Mr.Edmonds: Thank you for allowing Transmap Corporation to propose our solutions. We are pleased to present the City of Carpus Christi with aur response to your RFP. Since our establishment in 1994,pavement and roadway asset management has been our only focus. We own our own equipment, so a sub-contractor is not needed for the data collection. I have outlined some principal strengths that you will find beneficial in qualifying Transmap as the best provider for your pavement and roadway asset management needs: • Texas Presence - City of Corpus Christi, City of Midland (repeat customer), City of Schertz,City of Conroe, City of Baytown, City of Killeen, City of Sugar Land, City of Stephenville,City of Round Rock) • Team - Core team with over 21 years of experience-PhDs, PEs, and GISPs on staff • Local Corpus Christi Experience-2015 Automated Pavement Condition Index Survey Project (2018 inspections/work history can simply be added to the 2015 PAVER pavement analysis file for a seamless update&performance curves) • Our System: Crack Map 3D - Pavemetrics 2D/3D Laser Crack Measurement System (10+0% continuous coverage, every lane collected,JR1 and Rut included),New since 2015: Project Level Crack Intelligence- Automated Error Tracking-Field Verification (QA/QC) - Pavement Condition Analysis - Customer Delivery Interface - Crack Map Orthophoto graphy/Geo databas e • Technology Focused - Dual systems (Ladybugs 30MP +HD LiDAR,—1 million points/sec, 8,000 x 4,000 pixel resolution) -Effective 5 camera solution/panoramic tmap.pro/CD Exhibit A Page 1 of 3 images, no additional cast-New since 2015: Easy to use LAS file(LiDAR) - Street Level Ortho photography • Micr4PAVER- Official PCI calculation -ASTM D6433-11 - Army Corps/DOD developed- Transmap will install and merge new PAYER data with Historic 2015 data • Master Plan as a Service(MPaaS) - Open Source Policy - S & 10-year Capital Improvement (CIP) PIans - Incremental PAVER,updates and re-driving with System 6 • Open Source -Our open source policy allows for data to be seamlessly implemented into any software system(MicroPAVER, CarteGraph,Esri,Maximo) • GIS Focused- 20 Year Esri Public Works Solutions Partner- Web&map-based— Street and Crack Map Orthophotography as standard MrSID files loaded into Esri Transmap Corporation acknowledges Addendums 1 &2. Our taxpayer number is 31-1414214. I can be contacted at hluxhoi@,gansmap.com or on my mobile at (614) 886-4100. For a digital copy of our response,please log on to tmay.pro/CO. Best regar , award Luxhoj, PE President and CEO Transmap Corporation Florida-Regional Office Transmap• 5030 Transamerica Drive Chicagoland Office Columbus,Ohio 43228 • P:(614)481-5799 F:(614)481-4017•transmap.com tinap.prolCO Exhibit A Page 2 of 3 BID FORM Project Name: REQUEST FOR PROPOSAL(RFP)NO.2018-05 AUTOMATED PAVEMENT CONDITION INDEX(PCI)SURVEY Project Number: NIA Owner: City of Corpus Christi Bidder: OAR: N/A Designer: NIA CONTRACT DURATION BIDDER AGREES TO REACH FINAL COMPLETION IN 180 DAYS ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDEDAMOUNT 01JANTI7,' BASE BID PART A & PART B -GENERAL Part A-GENERAL(per SECTIONS I.INTRODUCTION/IV.GENERAL TERMS AND CONDITIONS/V.TERM OF CONTRACT Al MOBILIZATION NOT TO EXCEED 5%) 1 LS 1 1 1 $0.001 $0.00 A2 BOND AND INSURANCE I LS [ 1 1 $0.001 $0.001 A3 TRAFFIC CONTROL PLAN AND PREPARATION I LS 1 1 1 $0.001 $0.00 A4 TRAFFIC CONTROL; SET-UP MAINTENANCE AND REMOVAL I LS 1 1 1 $0.001 $0.00 SUBTOTAL PART A-GENERAL(Items Al thru A4) $0.00 Part B-GENERAL(per SECTION III.SCOPE OF SERVICES) B1 LOCAL STREETS I MILES 1 838 1 $74.991 $62,841.62 B2 I ARTERIAL STREETS I MILES 1 173 1 $74.991 $12,973.271 1 B3 (COLLECTOR STREETS I MILES 1 210 1 $74.991 $15,747.90 B4 JDATABASE COLLECTION I LS 1 1 1 $109,620.401 $109,620.40 SUBTOTAL PART B-GENERAL(Items Bl thru B4) $201,183.19 ADDITIVE ALTERNATE NO. 1: SIGNAGE & MARKINGS Part C-ADDITIVE ALTERNATE NO.1 (per SECTION III.SCOPE OF SERVICES) Cl NON-REG SIGNAGE INVENTORY J LS 1 31,000 1 $2.291 $70,990.00 1 C2 (REGULATORY SIGNAGE I LS 1 19,000 1 $2.651 $50,350.00 C3 I MARKINGS I LS 1 400 1 $22.501 $9,000.00] SUBTOTAL PART C-ADDITIVE ALTERNATE NO.1(Items Cl thru C3) $130.340.00 ADDITIVE ALTERNATE NO. 2: TECHNICAL SUPPORT Part D-ADDITIVE ALTERNATE NO.2(per SECTION III.SCOPE OF SERVICES) I D1 (TECHNICAL SUPPORT 1 HOURS 1 200 1 $99.001 $19,800.00 SUBTOTAL PART I-ADDITIVE ALTERNATE NO.2(Dl THRU D1) $19.800._0.0 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A4) $0.00 SUBTOTAL PART B-STREET (Items 61 thru 64) $201,183.19 TOTAL PROJECT PART A-GENERAL&PART B $201,183.19 SUBTOTAL PART C-ADDITIVE ALTERNATE NO. 1: SIGNAGE&MARKING(Items Cl thru C3) $130,340.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1: SIGNAGE&MARKING $130,340.00 SUBTOTAL PART D-ADDITIVE ALTERNATE NO.2:TECHNICAL SUPPORT(Items D1 thru D1)_ $19,800.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.2 TECHNICAL SUPPORT $19,800.00 Addenda No: 1 Transm C oration Print ame idd ) Addenda No. 2 Sig r id r) Addenda No. 6/ 118 stye luY Exhibit A Page 3of3 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 r $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT B If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Geotechnical, Construction Materials Testing, and Professional Surveying Services 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must Exhibit C Page 1 of 3 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 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notice under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's Exhibit C Page 2 of 3 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 order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .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. Exhibit C Page 3 of 3 UpUflilong 9� �0 rife wpr fOP Automated Pavement Condition Index (PCI) Survey Contract Council Presentation � _ September 11, 2018 e Project Location orRuCitywide CEngin ening Engineering AUTOMATED PCI SURVEY N SCALE:N.T.S. i R V 2 MicroPAVER oEMM 9 moo° Pavement Condition Index (PCI) •-•��` ➢The Pavement Condition Index is the primary factor in developing street maintenance, repair, rehabilitation and reconstruction strategies. DISTRESSE Custom PCI Distress lOD Rating kale Alligator Cracking Patching/Utility Cuts Type Bleeding Polished Aggregate Block Cracking Potholes 10 Bumps&Sags Railroad Crossing Fair Corrugation Rutting Distress I=> F(l 55 Quantity Depression Shoving Edge Cracking Slippage Cracking Joint Reflection Swell Cracking Lane/Shoulder Drop Weathering& I)isurss Off Raveling Severity u PCI Data Collection o o. PRIOR TO 2015CURRE • Manual collection of data: • Automated: ✓ Windshield &walking survey ✓ Van, lasers, digital cameras • Random sampling of street sections • Increased sampling • Data collection only on areas • Data collection on 100% of pavement inspected • Street network covered in 3-year • Entire street network covered in cycles about 1 month Transmap Automated Survey o o Data Acquisition •d���p Pavement survey performed with van- mounted lasers, 2 m cameras and specialized instrumentation for the following: ➢ Street System Inventory information collected on 100% of pavement 2.2 m Uincluding: , o LCMS Images(Distress Cracking) o Van Images(Video Capture) o International Roughness Index Data(Ride Quality) / o PCI Data for each street segment TransmapStreetCoverage omm i•ss"2" "i J _ _ Other Vendorsa • • Services Provided o ... MM Deliverables ➢ Data loaded into existing systems: o MicroPAVER o Data merged w/ 2015 data o Integrated w/ GIS o Maximo ➢ Reports ➢ Technical Support Project Schedule I s� 0 o i 2019 SEP OCT NOV DEC JAN FEB MAR APR Survey & Result Delivery Projected Schedule reflects City Council award in September 2018 with anticipated completion in April 2019. Pavement Condition Survey o. Questions? SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 16, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com 361) 826-3042 Professional Services Contract Amendment Packery Channel Restoration (Packery Channel TIF 2) CAPTION: Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $301,008 for a total restated fee of $351,005 for the Packery Channel Restoration project. PURPOSE: This item provides Packery Channel construction bid documents to address damages from Hurricane Harvey. BACKGROUND AND FINDINGS: Wave energy and storm surge from Hurricane Harvey caused damage to slope protection and adjacent appurtenances along the banks of Packery Channel between the SH-361 bridge and the Gulf of Mexico. City staff worked with the Federal Emergency Management Agency (FEMA) officials to file disaster recovery claims, requesting funding for restoring the channel to pre-storm condition, and additional funding to mitigate damages from future storms. Immediately post-Hurricane Harvey, HDR assisted the City by assessing Packery Channel and quantifying the extent of the damages. Field investigations and reviews of bathymetric surveys Project No:H17019 (Page 1) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 were used to develop conceptual scope and cost estimates of required repairs to restore Packery Channel, and mitigation options that were submitted to FEMA for disaster recovery claims. This contract amendment authorizes design and preparation of construction bid documents. Contract services include: • USACE Regulatory Coordination • Design Restoration and Mitigation Improvements • Bidding-Phase Services • Construction Administration Services • Warranty Phase Services ALTERNATIVES: 1. Authorize execution of the Amendment. (Recommended) 2. Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: A disaster recovery claim has been filed with FEMA for reimbursement of the restoration and mitigation elements of this project. If approved, this project should be eligible for 90% reimbursement. HDR Engineering, Inc. was selected for this project under RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 600,000 600,000 Encumbered / Expended Amount This item 301,008 301,008 Future Anticipated Expenditures This 150,997 150,997 Project BALANCE 1 147,995 147,995 Fund(s): Packery Channel, TIF 2 Project No:H17019 (Page 2) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 RECOMMENDATION: Staff recommends execution of Amendment No. 1 with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Project No:H17019 (Page 3) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 PROJECT BUDGET ESTIMATE Packery Channel Restoration Packery Channel TIF 2 PROJECT FUNDS AVAILABLE: Packery Channel TIF 2................................................................................................. 600,000 TOTAL FUNDS AVAILABLE 600,000 FUNDS REQUIRED: Construction Fees:......................................................................................................... TBD Construction TBD.................................................................................. TBD Contingency(10%)................................................................................. TBD Construction Inspection and Testing Fees:......................................................................... TBD Construction Inspection TBD(3%)............................................................ TBD Construction Phase-Materials Testing Services ......................................... TBD Design, Geotechnical and Permitting Fees:........................................................................ 421,005 Preliminary Design(HDR Engineering, Inc.)................................................. 49,997 Engineer(HDR Engineering, Inc.)THIS ITEM . 301,008 Corps of Engineers Permitting (Estimate).................................................... 70,000 Reimbursements:.......................................................................................................... 31,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)................. 12,000 Engineering Services(Project Mgt).......................................................... 18,000 Misc. (Printing,Advertising,etc.).............................................................. 1,000 TOTAL 452,005 ESTIMATED PROJECT BUDGET BALANCE 147,995 Project design budgt only. N SCALE: N.T.S. NUECES BAY � R SHIP CORPUS CHRISTI i LEOPARD d a' z 44 CORPUS CHRISTI O r 288 INTERNATIO F AIRPORT Oµ0 358 4 CORPUS CHRISTI BAY PROJECT LOCATION TEXAS A&M UNrVERSrrY CORPUS O Y CORPUS CHRISTI 358 TO„''1• �O(F CABANISS `W OSO BAY CORPUS CHRIST FIELD Q NAVAL AIR STATION 43 ° FLOUR BLUFF 358 288 J O m O Fr �o 2444 381 P22 LAGUNA MADRE GULF 0 MEXICO LOCATION MAP NOT TO SCALE Project: H17019 Packery Channel CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Restoration DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI Amendment No. 1 to CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) H17019 - Packery Channel Restoration 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 HDR Engineering, Inc., a Nebraska corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401 , hereby agree as follows: ARTICLE NO. TITLE TABLE OF CONTENTS 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 ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad 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 3rd party owners/operators. Contract for Professional Services Page 2 of 11 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 $301,008 for a total amount not to exceed $351,005. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 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 Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 . . te the expiratie—A datea A-f the prier term. ARY FeRt-Q�.A.4;-;156 1949 �At tht-9 S�A.Wlt-Q U-91P.M.6 aAd GGRditiGRS, p1616 aR" 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 Contract for Professional Services Page 4 of 11 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 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 Contract for Professional Services Page 5 of 11 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. 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 Contract for Professional Services Page 6 of 11 completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 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: Contract for Professional Services Page 7 of 11 (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 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. Contract for Professional Services Page 8 of 11 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 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. 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. Contract for Professional Services Page 9 of 11 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.htm1. 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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Contract for Professional Services Page 10 of 11 13.12 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. 13.13 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 u n enforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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-XII I of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. 3- /7 • I Jeff H. Edmonds Date Arthur B. Colwell, P.E. Date Director of Engineering Services Vice President/Managing Principal 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401-0850 (361) 696-3300 Office APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Account Activity No. Amount Unit No. PackChPro7TIF2 3278-717 550950 H17019-01-3278-EXP $301,008 Total $301,008 Contract for Professional Services Page 11 of 11 F)� July 27, 2018 MCN 10118494 August 6, 2018 (Rev 1) Mr. Jeff Edmonds, P.E. Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: PROPOSAL FOR AMENDMENT 1 TO PACKERY CHANNEL RESTORATION PROJECT (1-117019)— PERMITTING, FINAL DESIGN, BIDDING, AND CONSTRUCTION PHASE SERVICES Dear Mr. Edmonds: Thank you for inviting HDR to submit this proposal for professional engineering and regulatory services for the Packery Channel Restoration Project. Storm surge, strong currents, and waves from Hurricane Harvey on August 25-26, 2017 caused damage to slope protection and adjacent appurtenances along the banks of Packery Channel between the SH361 bridge and the Gulf of Mexico. Under an existing contract with the City (referenced above), HDR is currently providing preliminary design for: 1. Repairs and hazard mitigation alternatives to address damages from Hurricane Harvey, and 2. Recommendations for project maintenance to address damage that occurred prior to Harvey. This proposal is for an amendment to HDR's existing contract to add the following services: • USACE Regulatory Coordination • Final Design • Preparation of Construction Procurement Documents • Bidding-Phase Services • Construction Administration Services • Allowance for Design Survey hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi,TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 1 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 2 SCOPE OF SERVICES Including our existing contract and the services proposed for this amendment, HDR's overall services are as listed in Table 1. Table 1. Overall Scope. Task Authorization 1. Preliminary Design Existing Contract 2. USACE Regulatory Coordination Proposed Amendment 1 3. Final Design Proposed Amendment 1 4. Bidding-Phase Services Proposed Amendment 1 5. Construction Administration Services Proposed Amendment 1 6. Additional Services-Allowance for Proposed Amendment 1 Design Survey HDR's proposed services under this amendment consist of Tasks 2 through 6 as described in more detail below. Task 2: USACE Regulatory Coordination As part of the preliminary design effort under HDR's current scope (Task 1), HDR will verify the U.S. Army Corps of Engineers (USACE) permits and authorizations required for the project. USACE Section 408 engineering review (Task 2.3) must be complete before USACE's regulatory team (Tasks 2.1 and 2.2) will review the permitting request. As part of the services proposed under Task 2, HDR will assist the City with preparing permit applications and/or requesting approvals from USACE for the following aspects of the project, pending determination of required permits under Task 1. 2.1 NWP Coordination (Reach 1-3 Work) Repairs to the existing structures in Reaches 1, 2, and 3 and the removal of debris from the channel can likely be covered by a USACE Nationwide Permit (NWP) 3 as maintenance work. Because Packery Channel is a federal project, a pre-construction notification (PCN) would be required. HDR's services will consist of: - Performing a formal site investigation to determine the presence and size of jurisdictional habitat that would be impacted by the work in Reaches 1 through 3; - Participation in a Joint Evaluation Meeting (JEM) at USACE's Corpus Christi office; - Development of a PCN for NWP 3; - Providing responses to USACE's comments on the PCN; and - Coordinating with USACE in attempt to receive the NWP 3 authorization. 2.2 Section 101404 Coordination (Reach 4 Breakwater) The envisioned breakwater in Reach 4 would require a permit under NWP 13 for bank stabilization or an Individual Permit (IP). Although the proposed breakwater would likely exceed the amount of filling allowed under NWP 13, a waiver could be requested from the USACE District Engineer by making a written determination concluding that the discharge will result in 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 2 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 3 minimal adverse effects. A PCN would then be required. If the District Engineer will not grant a waiver, the breakwater would require an IP and potential mitigation. HDR's services will consist of: - Performing a formal site investigation to determine the presence and size of jurisdictional habitat that would be impacted by the work in Reach 4; - Participation in a JEM at USACE's Corpus Christi office (concurrent with task in 2.1); - Development of a GIS collection file; - Preparation of a site investigation report and associated figures; - Preparation of a USACE Section 10/404 permit(or NWP 13)application; - Providing up to two rounds of responses to USACE and agency/public comments on the application; - Coordinating with USACE in attempt to receive the Section 10/404 permit (or NWP 13) authorization. 2.3 Section 408 Coordination Because Packery Channel is a federal project, coordination with USACE regarding Section 408 Review will be required. A letter of interest (LOI), accompanied by the -60% drawings developed under Task 3, will be submitted to the USACE District office to initiate Section 408 review and determine if the project is considered a "minor" or"complex" project. If the project is considered to be a minor project it will likely qualify for a Categorical Permission request. The typical timeframe for issuance of a minor Section 408 permit is 1 to 3 months. If the project is determined to be more complex or major, a more extensive review process will be required by the USACE District project manager (PM). In this case HDR will perform coordination with the non-federal partner (City of Corpus Christi) and USACE District PM, and development of an Environmental Assessment might be required. Preparation of an Environmental Assessment is not included as part of the currently-proposed scope and fee but would be added as an additional service if requested by the City. The typical timeframe for issuance of a major 408 review is 12 to 18 months. HDR does not anticipate needing to coordinate or obtain a permit from USACE Real Estate. If coordination is required it would be completed under a separate scope and fee. Task 3: Final Design Based on the City's review and feedback on HDR's Technical Memorandum for the 30% preliminary design under Task 1, HDR will perform detailed engineering analyses and final design for the project elements listed below. - Reach 1 - Re-Set Jetty Stone - Reach 1 - Replace Navigation Aids at Gulf Ends of Jetties - Reach 2-Bank Protection Repairs (Riprap) - Reach 3-Bank Protection Repairs (Riprap or Concrete Bulkhead) - Reach 3-Concrete Walkway Repairs - Reach 3-Surface Drainage along South Bank - Reach 4- Rock Breakwater Between Parking Lot and SH361 Bridge - Misc- Post/Cable and Handrail Repairs Tasks that will be performed by HDR to advance the project through final design consist of the following: 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 3 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 4 • The general limits, alignment, structural configuration, and design criteria will remain as developed during the 30% preliminary design. HDR will prepare Procurement Documents (plans and specifications) for soliciting bids from prospective construction contractors. The Procurement Documents will include technical specifications; construction drawings; supporting appendices (including USACE permit(s) and geotechnical data); general and special provisions; a proposal form; and other standard contract forms provided by the City. HDR will prepare 60%, 100% (Pre-Final), and Final (Signed/Sealed) design submittals. For the 60% design submittal, HDR will provide preliminary drawings and a Table of Contents for the proposed technical specifications. For the 100% and Final design submittals, HDR will provide drawings and Proposal Packages for the City for interim and final review. A Project Checklist, Drawings Review Checklist, and Plan Executive Summary will be included with each submittal. The following sheets are estimated for the final plan set: 1) Cover Sheet 15) Enlarged Plan 5 2) General Notes and Legend 16)Typical Sections and Details 1 3) Overall Existing Site Plan and Key Map 17) Typical Sections and Details 2 4) Enlarged Existing Site Plan 1 18)Typical Sections and Details 3 5) Enlarged Existing Site Plan 2 19)Typical Sections and Details 4 6) Enlarged Existing Site Plan 3 20)Typical Sections and Details 5 7) Enlarged Existing Site Plan 4 21) Typical Sections and Details 6 8) Enlarged Existing Site Plan 5 22) Typical Sections and Details 7 9) Demolition Plan 23) Cross Sections 1 10) Overall Project Layout 24) Cross Sections 2 11) Enlarged Plan 1 25) Cross Sections 3 12) Enlarged Plan 2 26) Cross Sections 4 13) Enlarged Plan 3 27) Cross Sections 5 14) Enlarged Plan 4 28) Cross Sections 6 • HDR will coordinate with the City during the various review stages and provide clarifications as required. Note that the 100% Procurement Documents submittal will serve as a final review package; it will not be signed and sealed by a professional engineer until after the City's final review comments have been incorporated. • With each (60%, 100%, and Final) Procurement Documents submittal, HDR will provide an opinion of probable construction cost (OPCC) that reflects the scope of construction. Developing the OPCC will include researching current market conditions for the anticipated methods and timing of construction, and coordination with the City on project budget. • HDR will participate in the following meetings under Task 2: - Progress Meeting: HDR will meet with the City to review the 30% design submitted as part of Task 1, and review the goals, objectives, and schedule for final design. - 60% Design Submittal Meeting - 100% Design Submittal Meeting 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 4 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 5 Task 4: Bidding-Phase Services This task includes supporting the City during the bidding phase of the project. HDR's services under this task include the following: • Assist the City in solicitation of bids by identification of prospective bidders. • Participate in a pre-bid conference with prospective construction contractors and City staff. HDR will prepare a technical agenda as an insert to the overall meeting agenda prepared by the City, facilitate technical discussion, and provide meeting notes to City. HDR will respond to questions asked during the pre-bid conference by preparing an addendum to the bid documents. • Support the City's solicitation process by assisting with the issuance of addenda and providing answers to technical questions from prospective contractors regarding the bid documents. • Attend bid opening, prepare bid tabulation, and assist City in evaluating the qualifications of the prospective contractors, subcontractors, and suppliers. Task 5: Construction Administration Services This task includes construction administration and observation activities to review the status of construction and the construction contractor's (Contractor's) general compliance with the Contract Documents and design intent. The services under this task will include the following: • Participate in a Pre-Construction Conference (PCC) with the City, the City's designated resident project representative (RPR), and selected Contractor. • HDR has assumed general construction administration services will be required for 9 months (36 weeks). This task includes general construction administration including responding to RFI's, and issuing Engineer's Supplemental Instruction (ESI) and Work Change Directives (i.e., Engineer's Clarification-Interpretation) in accordance with the City's established process, as defined in the Contract Documents. • HDR will review and process Contractor's submittals as may be required by the Contract Documents, including the Contractor's initial Schedule of Values and proposed construction schedule. HDR will also prepare a monthly submittal log to help track status of required submittals. • HDR will review and process Contractor's field and laboratory tests as may be required by the Contract Documents. • HDR's project manager or project engineer will travel to the project site approximately once per month, plus perform five additional site visits, for a total of 14 site visits during active construction (the duration of "active construction" is assumed to be 9 months). Nine (9) of these trips (or one per month) will be for combined site visits and routine construction progress meetings with Contractor, RPR, and the City. The remaining five trips will be for stand-alone site visits. During site visits, HDR will observe general status of work and assist RPR with monitoring the general progress of the construction activities. HDR will prepare a site visit report for each site visit and minutes for each of the construction progress meetings. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 5 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 6 • Upon substantial completion of construction, HDR will visit the site, perform a substantial completion inspection with the RPR and the City, and issue a punch list for any remaining work items. Following the contractor's completion of the punch list items, HDR will perform a final inspection with the RPR and the City. HDR will issue site visit reports for both inspections and prepare a Certificate of Substantial Completion and a Certificate of Final Completion for signature by HDR, Contractor, and the City. • Upon completion of construction, HDR will obtain and review the "red-line" drawings prepared by Contractor and the City's RPR. This information will then be applied by HDR to develop record drawings. The record drawings will be provided to the City in AutoCAD and PDF format. HDR will also prepare a Close Out Project Summary which will summarize all Change Orders issued by the City, including cause and cost. Task 6: Additional Services 6.1 Design Survey This task consists of a design survey in the event a design survey is not provided by the City. The design survey will consist of channel bank cross sections (topography and bathymetry) within the repair areas and bathymetry adjacent to the jetties where displaced armor stone will be re-set. The survey data will be applied for development of final design of the following project elements: - Reach 1 - Re-Set Jetty Stone - Reach 2- Bank Protection Repairs (Riprap) - Reach 3- Bank Protection Repairs (Riprap or Concrete Bulkhead) - Reach 3-Concrete Walkway Repairs - Reach 3-Surface Drainage along South Bank - Reach 4- Rock Breakwater Between Parking Lot and SH361 Bridge Additional detail on the surveying scope is provided in the attached proposal from Naismith Marine Services dated 7/19/2018. The survey data will be submitted as part of the construction drawings under Task 3. Note that this task will not be performed unless requested in writing (or via email) by the City. 6.2 Warranty Phase Services If requested by the City, HDR will visit the site towards the end of the Contractor's one-year warranty period and perform a warranty inspection for the project. HDR will note defects requiring Contractor action to maintain, repair, fix, restore, patch, or replace completed work under the maintenance guarantee terms of the contract. HDR's observations and recommendations will be documented in a warranty inspection report including the locations and conditions requiring action, and ground photographs of the observed project features. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 6 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 7 ASSUMPTIONS AND LIMITATIONS HDR's proposal for these services and fee are based on the following assumptions and limitations: • The City will prepare and submit any paperwork, reports, applications, and other documents needed to support disaster recovery claims through FEMA's Public Assistance and/or Section 404/406 programs. HDR's scope does not include preparation of a formal FEMA Damage Assessment Report. • Geotechnical analysis will be supported by readily-available data from previous design efforts by USACE. New soil borings and other field data collection, and associated laboratory testing, is not included as part of the current scope. • Identification of existing utilities will be based on information provided by the City and previous design drawings prepared by USACE. A subsurface utility investigation is not included as part of this scope. • Repair concepts will be limited to project features between SH361 and the Gulf of Mexico, not including the Lake Padre area. This scope of work will not address dredging, boat docks, or beach modifications. • This scope does not include participation in meetings or presentations to City Council or the Island Strategic Action Committee. • This scope does not include hydrodynamic numerical modeling for development and/or refinement of project design parameters. • HDR has not budgeted for development of a formal design calculations summary package. If a design calculations package is desired by the City, this information can be prepared by HDR through a contract amendment. • The OPCC will be developed on the basis of HDR's experience and qualifications, and will represent our judgment as experienced and qualified professional engineers generally familiar with this industry. However, because HDR has no control over the costs of labor, materials, equipment, or services furnished by others, or over the contractor's methods of determining prices, or over competitive bidding and market conditions, HDR cannot and does not guarantee that proposals, bids, or actual project costs will match our OPCC. If the City desires greater assurance on probable construction costs, consideration should be given to retaining an independent cost estimator. • The City will distribute Procurement Documents (construction bid packages) to prospective contractors and coordinate with commercial plan rooms. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 7 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 8 City's construction department will review and process construction contractor's pay requests (invoices), and issue/process any needed construction change orders, without review or assistance from HDR. In the event the lowest responsible bidder's bid exceeds the City's project budget, HDR will confer with City staff on any desired revisions to the bid documents, and will then negotiate a contract amendment for implementation of these revisions and associated re-bidding. The timing and outcome of the permitting process is highly dependent on the availability and responsiveness of USACE and resource agencies. Both the City and HDR agree that the permits may ultimately not be issued, and the City agrees to pay HDR for applicable services provided regardless of the permitting outcome. Task 6.2 (Warranty Phase Services) does not include underwater or forensic inspections. HDR's inspection will be limited to above-water and above-ground features that can be readily observed during a site walk-through. HDR's warranty- phase services do not include communications and/or negotiations with the Contractor; engineering design; surveying; permitting; aerial photography; or construction observation of any corrective measures required after the warranty inspection. FEE, DELIVERABLES, AND SCHEDULE HDR proposes to provide these services through an amendment to our existing contract for a fee of $301,008, increasing HDR's total contract amount to $351,005 as shown in the table below. Tasks 1, 3, 4, and 6 will be performed on a Lump Sum basis. Tasks 2 and 5 (USACE Regulatory Coordination and Construction Administration Services) will be performed on a Time and Materials basis in accordance with the rates listed in the attached manhour estimate. Please note that HDR's rates are subject to revision in January of each year. Any work outside the proposed Scope will be added, with authorization from the City, through a formal Scope Change Document and associated fee agreement. This proposal is valid for 45 days from the date of this letter. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 8 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 9 Approximate Schedule Approximate Task Deliverables Amount per for Completion Task Existing Contract - Project Kickoff Meeting Notes 1. Preliminary Site Visit/Photographs and Notes $49,997 Design - Preliminary Design Report(Draft) - 16 Weeks from NTP (Lump Sum) - Preliminary Design Report(Final) Proposed Amendment Electronic copies(PDF)of the following deliverables will be provided - JEM:60 days from under Task 2: NTP - Draft JEM materials(exhibits)and mtg notes for City review. - Draft PCN App for - Draft PCN and/or IP application for City review. Reach 1-3: 90 days - from NTP Comment response matrix for agency comments on PCN and/or IP 2. USACE application(s). - Final PCN App for Regulatory - Draft response letters and material to address agency requests. Reach 1-3: 100 days $46,015 Coordination Two hard copies and an electronic copy(PDF)of the following from NTP (T&M) - Draft PCN or IP App deliverables will be provided under Task 2: for Reach 4: 120 days - Final Exhibits for JEM. from NTP - PCN and/or IP application(s)for USACE submittal. - Final PCN or IP App - Final response letters and materials provided in response to agency for Reach 4: 130 days comments on PCN and/or IP application. from NTP Two hard copies and an electronic copy(PDF)will be provided for all of the following deliverables under Task 1: - 60%Submittal: - 60%Submittal: Drawings,specifications table of contents,and 120 Days from NTP OPCC. 100%(Pre-Final)Submittal: Drawings,specifications,and OPCC at - 100%Submittal: 165 3. Final Design the Pre-Final stage.The drawings and specifications(including City- Days from NTP $183,935 provided front end documents)will be included.The OPCC will be in (Lump Sum) the format of the Bid Tabulation. - Final Submittal: 230 - Final Submittal: One 22"x34"(or 11"x17")unbound set of hard copy Days from NTP drawings,8'%"x11"unbound set of technical specifications and front- (dependent on USACE end documents,and bid form of the ISSUED FOR BIDS set,suitable Permit timeline) for reproduction. One digital copy in PDF format of the following: Schedule is dependent - Technical agenda for,and meeting notes from, pre-bid conference; on City.Award 4. Bidding-Phase _ Addenda and/or responses to questions required during the bidding recommendation letter $8,625 Services phase. will be provided within 14 (Lump Sum) - Recommendation for Award. days of HDR's receipt of bid results. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ One digital copy in PDF format of the following: - Meeting notes from construction progress meetings; Schedule dependent on - RFI's,Work Change Directives,and/or Change Orders required construction contract. during construction; Duration of active 5. Construction - Monthly Submittal Log; construction assumed to $44,780 Administration - Site Visit Reports; be 9 mos. Record (T&M) Services - Substantial Completion Certificate and Punch List; drawings will be provided - Final Completion Certificate; within 30 days of - Record Drawings(record drawings will also be provided in AutoCAD construction contract format). completion date. - Close-Out Project Summary Task 6.1: 60 Days from 6.1: $14,653 6. Additional 6.1 Design Survey: Survey drawings in AutoCAD and PDF format. NTP (Lump Sum) Services 6.2 Warranty Phase Services: Inspection report in PDF format. Task 6.2: Within 15 6.2: $3,000 days of City's request to perform task. (Lump Sum) Total Proposed Fee(Amendment 1 Only): $301,008 Total Proposed Fee(Existing Contract+Amendment 1): $351,005 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Note: Actual schedule for all deliverables is dependent on HDR's receipt of review comments and other needed feedback from City. HDR has assumed one week for City review of deliverables. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 9 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 10 Thank you again for considering us for this project. Please do not hesitate to contact Dan Heilman at 361-696-3344 if you have questions or require any additional information. Sincerely, HDR ENGINEERING, INC. Daniel J. Heilman, P.E. David C. Weston Project Manager Area Manager Vice President Cc: Sarah West, P.E., City of Corpus Christi Attachments: Manhour and Expense Estimate (Dated 8/6/2018) Surveying Proposal from Naismith Marine Services (Dated 7/19/2018) 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 10 of 10 Exhibit A-1 Packery Channel Restoration Project No. H17019 Basic Services: Contract Amendment 1 Total Contract 1. Preliminary Design $49,997.00 $0.00 $49,997.00 2. Design Phase $0.00 $183,935.00 $183,935.00 3. Bid Phase $0.00 $8,625.00 $8,625.00 4. Construction Administration Phase (Time & Materials) $0.00 $44,780.00 $44,780.00 Subtotal Basic Services Fees $49,997.00 $237,340.00 $287,337.00 Additional Services: 1. Permit Preparation $0.00 $0.00 $0.00 2. ROW Acquisition Survey $0.00 $0.00 $0.00 3. Topographic Survey and Parcel Descriptions $0.00 $14,653.00 $14,653.00 4. Environmental Issues (Time & Materials) $0.00 $46,015.00 $46,015.00 5. Public Involvement $0.00 $0.00 $0.00 6. Subsurface Utility Investigation $0.00 $0.00 $0.00 7. Construction Observation Services $0.00 $0.00 $0.00 8. Warranty Phase $0.00 $3,000.00 $3,000.00 Subtotal Additional Services $0.00 $63,668.00 $63,668.00 Summary of Fees Basic Services Fees $49,997.00 $237,340.00 $287,337.00 Additional Services Fees $0.00 $63,668.00 $63,668.00 Total of Fees $49,997.00 $301,008.00 $351,005.00 8/06/2018 EXHIBIT A-1 PAGE 1 OF 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 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 1 Rev 04/17 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 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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; 1.6.4 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 2 Rev 04/17 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. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 Corpus Chr sti Engineering Packery Channel Restoration Council Presentation September 11, 2018 Project Location Corpus Chr sti Engineering N SCALE:N.T.S. s ° p PACKERY CHANNEL RESTORATION y. `OapUs Cy�S O m Project Y I N J - h asz A j a z Vit. , PACKERY; RCHANNELRESTO . 'r � Project Scope *wCh,�U Engineering • Wave energy and storm surge from Hurricane Harvey caused damage to Packery Channel slope protection and adjacent appurtenances • Field investigations and reviews of bathymetric surveys by HDR used to develop conceptual scope and cost estimates to restore Packery Channel and mitigate future damages • City staff filed disaster recovery claims with FEMA o Requested funding for restoring the channel to pre-storm existing condition o Requested funding to mitigate damages from future storms • This contract amendment authorizes design and preparation of construction bid documents for restoration and mitigation repairs 0* Project Schedule w Corpus Ch,sti Engineering / • / • 2020 O N D J F M A M J J A S O N D J F M A M J Design Bid/ Construction Award Projected Schedule reflects City Council award in October 2018 with anticipated completion in Summer 2020. se GO O Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Jim Davis, Director of Asset Management jimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 c(-).cctexas.com (361) 826-3169 Ford F-250 and F-350 Trucks for Parks and Recreation CAPTION: Motion authorizing the purchase of six Ford F-250 trucks and one Ford F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. PURPOSE: The item is to approve the purchase of Ford trucks for Parks and Recreation. BACKGROUND AND FINDINGS: The purchase of seven Ford trucks are replacement units for Beach Maintenance, Gulf Maintenance, Storm Water, Tourist District, and Park Operations. The current units 2810, 7835, and 7830 will be replaced and utilized by Beach Maintenance crews for sanitation and maintenance and by Gulf Maintenance Lifeguards for emergency response. Unit 4843 will be replaced and utilized by Storm Water, and replacements for units 834, 2802, and 2824 will be utilized by Tourist District and Park Operation crews for daily operations, sanitation and landscaping services. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms. The City received two bids and recommends award to the lowest responsive, responsible bidders, AutoNation Ford and Bluebonnet Ford. 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 Department Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,564,589.55 $0.00 $9,564,589.55 Encumbered / Expended Amount $8,983,035.30 $0.00 $8,983,035.30 This item $264,753.00 $0.00 $264,753.00 BALANCE $316,801.25 $0.00 $316,801.25 Fund(s): General, Storm Water, and Fleet Maintenance Service Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO. 1794 BUYER: JOHN ELIZONDO FORD F-250 AND F-350 TRUCKS FOR PARKS AND REC Autonation Ford Mazda Bluebonnet Ford ITEM DESCRIPTION QTY Corpus Christi, TX New Braunfels, TX EXTENDED EXTENDED UNIT PRICE PRICE UNIT PRICE PRICE 2018 Ford F-350 4x4 Crew Cab, 1 1Ton Truck 1 $ 67,300.00 $ 67,300.00 $ 62,253.00 $ 62,253.00 2 12018 Ford F-250 XL 44 Truck 3 $ 31,250.00 $ 93,750.00 $ 34,426.00 $ 103,278.00 3 2018 Ford F-250 Extended Cab 3 13/4 Ton Truck with Utility Bed 1 $ 36,250.00 $ 108,750.00 1 $ 38,909.00 $ 116,727.00 se AGENDA MEMORANDUM v Future Item for the City Council Meeting of September 11, 2018 Action Item for the City Council Meeting of September 18, 2018 NRORPO P PE 1852 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a)cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a)-cctexas.com (361) 826-3169 Purchase of Three John Deere Tractors CAPTION: Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. PURPOSE: This item is to approve the purchase of three John Deere Tractors for the Parks and Recreation Department. BACKGROUND AND FINDINGS: The purchase of the three John Deere Tractors are replacement units for the Parks and Recreation department and are currently used by the Park Operations Storm Water crews for daily operations. The three tractors being replaced are unit number 4834 a 2005 John Deere tractor, unit number 4836 a 2004 John Deere tractor, and unit number 4853 a 2008 John Deere tractor which have reached the end of their life cycles. The total cost for this equipment is based on Buy Board Contract 529-17 for Grounds Maintenance Equipment, Supplies, Parts and Accessories. The purchase of these tractors will be paid for in FY2017-18. ALTERNATIVES: No alternatives. 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: 2016-2017 Current Year Future Years TOTALS Line Item Budget $284,916.30 $0.00 $284,916.30 Encumbered / Expended Amount $49,615.32 $0.00 $49,615.32 This item $162,091.63 $0.00 $162,091.63 BALANCE $73,209.35 $0.00 $73,209.35 Fund(s): StormWater Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION Tractors for Parks& Recreation BUYER: JOHN ELIZONDO BUY BOARD CONTRACT 529-17 EEERE &COMPANY CARY, NORTH CAROLINA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE L1. John Deere 5100E Utility Tractor for Parks and Recreation Department 3 EA $54,030.54 $162,091.62 Total Price $162,091.62 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Assistant City Manager FROM: Jim Davis, Executive Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 c(-).cctexas.com (361) 826-3169 Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations CAPTION: Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to exceed $2,013,177.48. PURPOSE: This item is to approve the lease purchase of 2018 model trucks and trailers for Solid Waste Operations as per the following breakdown: four side loading refuse truck from Rush Truck Center of New Braunfels, Texas and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas. BACKGROUND AND FINDINGS: Solid Waste Operations currently has a requirement to replace four side loading refuse trucks two rear-loading refuse trucks and two transfer trailers which are intended to perform various functions within the Solid Waste Department. The units to be replaced are all well past the end of their service lives. All six refuse trucks are replacements, the two transfer trailers are additions to the fleet. The trailers are additions to increase efficiencies in transferring refuse to the Cefe Valenzuela Landfill. The refuse trucks will be able to unload at the Elliot Transfer Station, reducing mileage, and time to return to their routes. Utilization of the Houston-Galveston Area Council (HGAC) provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$402,535.50. The total estimated cost over the five-year period, including principal of $1 ,813,390.10 and interest of$199,287.38, is $2,012,677.48. A not to exceed tolerance of$500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed Total Lease-Purchase Price: $1,813,390.10 Total estimated allowable interest for Lease: $ 199,787.38 Grand Total: $2,013,177.48 CONFORMITY TO CITY POLICY: This lease-purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $4,116,803.20 $4,116,803.20 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $2,013,177.48 $2,013,177.48 BALANCE $0.00 $0.00 $0.00 Fund(s): Solid Waste Operations Comments: Delivery of these vehicles is scheduled during the summer of 2019. Payments will begin after vehicles are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Lease Purchase of Six Trucks and BUYER: Cynthia Perez Two Trailers for Solid Waste Rush Truck Center New Braunfels, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 ISide Loading Refuse Trucks EA 4 $296,804.00 $1,187,216.00 2 ISteco Push Out Transfer Trailers EA 2 $90,390.05 $180,780.10 TOTAL: $1,367,996.10 Grande Truck Center San Antonio, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 Rear Loading Refuse Trucks EA 2 $222,697.00 $445,394.00 TOTAL: $445,394.00 Grand Total $1,813,390.10 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 Purchase of Two Trucks for Utilities CAPTION: Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. PURPOSE: This item is to approve the purchase of two 2019 F-250 Crew Cab Pickups for the Utilities Department (Mary Rhodes Pipeline). BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace two % ton pickup trucks intended to perform various functions within the Water Department's Mary Rhodes Pipeline and Choke Canyon Reservoir Divisions. The units to be replaced are well past the end of their service lives. These trucks are both replacements. Purchasing the trucks will also eliminate the need to lease. Contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,078,778.25 $0.00 $9,078,778.25 Encumbered / Expended Amount $6,015,884.67 $0.00 $6,015,884.67 This item $92,118.00 $0.00 $92,118.00 BALANCE $2,970,775.58 $0.00 $2,970,775.58 Fund(s): Utilities Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Purchase of two trucks for Utilities Purchasing Division Buyer: Cynthia Perez Rush Truck Center New Braunfels,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 F250 4X4 Pickup Trucks EA 2 $45,259.00 $90,518.00 2 Buyboard EA 1 $400.00 3 Freight EA 1 $1,200.00 TOTAL: $92,118.00 se o� Va. AGENDA MEMORANDUM v Future Item for the City Council Meeting of September 11, 2018 N0ORPOR IEO Action Item for the City Council Meeting September 18, 2018 1852 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Custodial Services for Fleet Maintenance Buildings CAPTION: Motion authorizing a one-year service agreement for custodial services with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of $18,995.16, with two one-year options for a total potential multi-year amount of $56,985.48. PURPOSE: The service agreement will provide custodial services for four Fleet Maintenance Buildings. BACKGROUND AND FINDINGS: Custodial services will be performed at four Fleet Maintenance buildings. This service will provide an adequate number of custodians that will work Monday through Sunday to perform the services required. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received eight responsive, responsible bids, and is recommending the award to Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services, the lowest responsive responsible bidder. 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: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget .00 $56,985.48 $56,985.48 Encumbered / Expended Amount .00 .00 .00 This item .00 $56,985.48 $56,985.48 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc Comments: The total contract value will be $56,985.48 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1742-Custodial Services for Fleet Maintenance Buildings BUYER: MINERVA ALVARADO A Plus Janitorial & Mowing Janie B. Klein aka Martin's Alpha and Omega Cleaning ITEM DESCRIPTION UNIT QTY Janitorial Service Services, LLC Corpus Christi,TX Corpus Christi,TX Edinburg,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price City Hall Vehicle Motor Pool MO 12 $325.51 $3,906.12 $300.00 $3,600.00 $352.14 $4,225.68 1 lOffice Auction Lot M 2 Office O 12 $325.51 $3,906.12 $175.00 $2,100.00 $528.13 $6,337.56 Fleet Administrative MO 12 $606.40 $7,276.80 $1,100.00 $13,200.00 $528.13 $6,337.56 3 IBIdg Heavy Equipment Bldg MO 12 $325.51 $3,906.12 $225.00 $2,700.00 $528.13 $6,337.56 4 &Trailer Office $18,995.16 $ 21,600.00 $ 23,238.36 ABM Texas General Services, WCD Enterprises, LLC ACE Global ITEM DESCRIPTION UNIT QTY Inc. Scottsdale,AZ Corpus Christi,TX Corpus Christi,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price City Hall Vehicle Motor Pool MO 12 $480.00 $5,760.00 $629.35 $7,552.20 $528.41 $6,340.92 1 Office Auction Lot MO 12 $440.00 $5,280.00 $616.56 $7,398.72 $268.02 $3,216.24 2 Office Fleet Administrative MO 12 $670.00 $8,040.00 $629.35 $7,552.20 $1,455.59 $17,467.08 3 Bldg Heavy Equipment Bldg MO 12 $455.00 $5,460.00 $616.35 $7,396.20 $268.02 $3,216.24 4 &Trailer Office $ 24,540.00 $29,899.32 $30,240.48 Treco Services, Inc. Sterling Facility Solutions, LLC ITEM DESCRIPTION UNIT QTY San Antonio,TX Corpus Christi,TX U Unit Price Total Price nit Price Total Price City Hall Vehicle Motor Pool MO 12 $656.91 $7,882.92 $333.99 $4,007.88 1 Office Auction Lot 2 MO 12 $437.94 $5,255.28 $192.04 $2,304.48 Office Fleet Administrative MO 12 $1,136.04 $13,632.48 $2,277.20 $27,326.40 3 Bldg Heavy Equipment Bldg MO 12 $463.80 $5,565.60 $280.09 $3,361.08 4 1&TrailerOffice $ 32,336.28 $ 36,999.84 SC 0 > SERVICE AGREEMENT NO. 1742 U Custodial Services for Fleet Maintenance Buildings bO RPOR Af 1852 THIS Custodial Services for Fleet Maintenance Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hilario O. Ortega, Jr. dba A Plus Janitorial and Mowing Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Services for Fleet Maintenance Buildings in response to Request for Bid/Proposal No. 1742 ("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 Custodial Services for Fleet Maintenance Buildings ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $18,995.16, 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 Erlinda Klubertanz General Services Department 361 .826.1903 Erlinda@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: Erlinda Klubertanz Operations Manager 5352 Ayers, Building 313, Corpus Christi, Texas 78415 Phone: 361 .826.1903 Fax: 361 .826.4394 IF TO CONTRACTOR: Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services Attn: Hilario O. Ortega, Jr. Owner 6765 Wood Iron Drive, Corpus Christi, Texas 78413 Phone: 361 .906.6801 Fax: 361 .906.6801 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: ./T . d, /1�1-�-. — 4 zzma- Printed Name: �v 0. (21t� Title: Date:../ CITY OF. CORNUS CHRISTI Signature: Printed Dame: Title: Date: A fached 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. 1742 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1 . General Requirements/Background Information The Contractor shall provide all labor and supervision necessary to perform custodial services for the Fleet Maintenance Administrative building, City Hall vehicle pool office, Auction Lot office, and Fleet Maintenance Heavy Equipment Building and Trailer office. 2. Scope of Work A. Locations and normal working hours Name of Building Location Square Normal Working Footage Hours 1 . 4:OOpm-6:OOpm City Hall Motor Vehicle 5110 Sam 440 (gate locks at Pool Rankin 6:OOpm) Monday-Friday 2. 5:OOpm-6:OOpm Auction Lot Office 5325 Ayers, 253 (gate locks at 3-A 6:OOpm) Monday-Friday 3. 5:30pm starting at Fleet Maintenance 5325 Ayers, 3000 the parts counter Administrative Building 3-B Monday-Friday, holidays included 4. 6:OOpm - 5:OOam Heavy Equipment 5325 Ayers 3- 369 Monday-Friday, Building & Trailer Office C holidays included B. Cleaning Requirements 1. Restrooms - Fleet Maintenance Administrative Building, Building 3-B - located upstairs and downstairs (three total); Heavy Equipment Building 3C - (two total); and City Hall Vehicle Motor Pool Office - one restroom Daily: a. Empty, clean and change liners in waste receptacles- change liners as needed. b. Clean lavatory fixtures using appropriate disinfectant/cleaner. Page 1 of 3 c. Refill all dispensers as required, such as toilet tissue, paper towels, soap dispensers and urinal cakes. d. Remove scale from sinks, toilet bowls, and urinals. e. Clean and disinfect toilet bowls, tops and bottom of toilet seats, and urinal surfaces. f. Clean and polish mirrors and bright metal surfaces. g. Sweep floors and wet mop using cleaner/disinfectant. h. Secure lights after final inspection. Weekly: Wet-scrub floors. 2. Offices, Conference Room, Hallways, and Stairwells - Heavy Equipment Building includes: Parts Room, Light Equipment Production Control area, and two offices in the Tire Storage area, Fleet Maintenance Administration building include: offices (total of 7 rooms) and Break Room (upstairs) to include the two rooms (area with refrigerator and area with table). Auction Lot Office located back of Building 3A and the City Hall Motor Pool Offices. Daily: a. Empty waste receptacles and replace liners as needed. b. Dust and clean exterior surfaces of desks, computers, chairs, glass tops, file cabinets, tables and counter tops, excluding desks or computer areas with paper on them. c. Sweep and wet mop floors with appropriate floor cleaners. d. Sweep stairways. e. Vacuum carpets and carpet runners. f. Spot clean carpets as needed. g. Spot clean wall switches, door knobs, counters and walls (including kitchen area) as needed. h. Dust/clean handrails. i Clean and polish stainless steel surfaces, such as water fountains and sinks. j. Dust picture frames, floor moldings, and floor sashes as needed. k. Spot wax linoleum floors as needed. Monthly: Shampoo carpets in administration areas. Quarterly: Strip, seal, and wash linoleum floors in all areas. Page 2 of 3 C. Supplies Consumable materials used by the public and staff will be supplied by the City. These items include: plastic wastebasket liners when required, hand soap, paper towels, toilet tissue, toilet seat covers and urinal cakes. Filling containers with supplies provided by the City will be the job of the custodial service. Fleet Maintenance shall provide appropriate cleansers and disinfectants required to maintain various surfaces to be cleaned. 3. Work Site and Conditions The City will make available to the Contractor a janitorial supply closet to store janitorial equipment and supplies at the Fleet Maintenance Administration Building located on the first floor next to the Parts Room. Contractor will not be allowed to leave equipment or supplies anywhere else. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3 of 3 S Attachment B: Bid/Pricing Schedule ; ,� CITY OF CORPUS CHRISTI ° f1 PURCHASING DIVISION BID FORM 1�Q RFB No. 1742 Custodial Services for Fleet Maintenance Buildings PAGE 1 4i= 1 Date: Authorized /J Bidder: Y� OLU.%. �ti�n�r�►Z�n� n-nJ Signature: GYM SU--fLvLc� 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. B?dder 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 City Hall Vehicle Moicr Pool 1 Office Month 12 2,Sl 3 g c4 , 1 2- 2 Auction Lot Office Month 12 3 2 5.5"j 3q a b , / Z- 3 3 Fleet Administrative Month 12 O Administrative Building 4 Heavy Equipment Building & Month 12 — r Trailer Office 3 zS , 51 39 o (,./ Total I y10 jgs.le, Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part B (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Page 1 of 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. Itis 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 Custodial Services 05/22/2018 sw Risk Management Valid Through 12/31 /2018 No Bond required for the service. Page 3 of 3 Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 SC G® AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 "`z85' Action Item for the City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm _cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 _cctexas.com (361) 826-3169 Purchase of Refuse and Recycling Carts for Solid Waste CAPTION: Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. PURPOSE: This item is to approve the purchase of 9,860 carts consisting of green refuse carts and blue recycling carts for Solid Waste Department. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. The entire City is currently on the automated collection program which was first implemented in 2002. The carts that are damaged and deemed unserviceable are collected and recycled by the Solid Waste Department. The carts will be purchased through the HGAC cooperative. Contracts awarded through Houston-Galveston Area Council aka HGAC have been competitively procured, to assist with compliance with Texas local and state procurement requirements. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $499,344.40 $499,344.40 Encumbered / Expended Amount $ $ $ This item $ $499,344.40 $499,344.40 BALANCE $ $ $ Fund(s): General Fund Comments: These carts will be purchased next fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Carts for Solid Waste Buyer: Cynthia Perez HGAC Contract RC01-18 Cascade Engineering Grand Rapids, Michigan ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Cart 96- Gal Moss Green $46.79 7,480 $349,989.20 2 Cart 96- Gal Medium Blue $47.04 2,380 $111,955.20 3 Shipping $37,400.00 TOTAL $499,344.40 se GO O� Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Gilbert Sanchez, Safety and Risk Manager gilbertsZjc�cctexas.com (361) 826-8739 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB26a�cctexas.com (361) 826-3169 Actuarial Services for Risk Management CAPTION: Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. PURPOSE: The purpose of this agenda item is to execute a contract for the Actuarial Services for Risk Management. BACKGROUND AND FINDINGS: The City currently contracts out actuarial services for the Risk Management Division. The current contract expires at the end of September 2018. A request for proposals (RFP) was issued in order to have a new contract in place before the current contract expires. Seven proposals were received and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firm's experience, team's experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. Then the cost proposal was evaluated for each firm and the pricing score was tabulated and added to the technical proposal to determine the highest scoring firm. The staff recommends awarding a service agreement to AMI Risk Consultants as the highest scoring firm and best value to the City. ALTERNATIVES: No feasible alternatives are available. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal, Risk Management and Purchasing Division FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $60,000.00 $60,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $60,000.00 $60,000.00 BALANCE $0.00 $0.00 Fund(s): General Fund Comments: The contract value total is a not-to-exceed $60,000 which all will be funded in next year and the following years in future year's budgets at $12,000 each year. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: RFP Matrix Service Agreement RFP No. 1764-Actuarial Services for Risk Management Kim Baker AMI RISK GLICKSMAN OLIVER SELECT Proposal Evaluation CONSULTANTS CONSULTING LEWIS&ELLIS WYMAN PINNACLE ACTUARIAL SIGMA LLC SERVICES Minimum Qualifications Licensing Required 5 years in Business No outstanding lawsuits during last 5 years or current litigation With the City during last 5 years PASS PASS FAIL PASS PASS FAIL PASS No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal(70 points) 60 44 0 67 52 0 50 Firms'Experience(25 points) Team Experience(25 points) Understanding of Project Scope(20 points) Price Price(30 points) 30 29 0 15 12 0 10 Total 90 72 0 831 64 0 60 mus c. s �o SERVICE AGREEMENT NO. 1764 v ACTUARIAL SERVICES FOR RISK MANAGEMENT No FPOR Af� _1852 THIS Actuarial Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and AMI Risk Consultants, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Actuarial Services in response to Request for Bid/Proposal No. 1764 ("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 Actuarial Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for sixty 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 $60,000.00, 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 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 Name: Gilbert Sanchez Department: Risk Management Phone:361 .826.3937 Email: Gilberts2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured for all coverage except for Professional Liability. 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. Standard of Care. Contractor will perform Services in accordance with the standard of care used by similarly situated contractors performing similar services. Any Services that do not meet this standard of care 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 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 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gilbert Sanchez Title: Risk and Safety Manager Address: 1201 Leopard St, 5th Floor, Corpus Christi, Texas 78401 Phone:361 .826.3937 Fax: IF TO CONTRACTOR: AMI Risk Consultants, Inc. Attn: Aguedo M. Ingco Title: President Address: 1336 SW 146th Ct., Miami, Florida 33184 Phone: 305.273.1589 Fax: 702.359.0926 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 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. (C) In the event of termination, the City shall compensate the Contractor for all services actually rendered up to and including the effective date of the termination. 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. Service Agreement Standard Form Page 5 of 7 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26. Limitation of Liability. The total liability of any Party to this Agreement is limited and shall not include any liquidated, penalty, incidental or consequential damages of any kind. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 CONTRACTOR Signature: V Printed Name: Aquedo M. Incico Title: President Date: August 24, 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. 1764 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A - Scope of Work 1.1 Scope of Work A. Contractor shall clearly and precisely identify data to be provided by City under the terms of this Agreement. The City shall provide liability data and the third- party administrator shall provide Workers' Compensation data as requested by the actuary. Upon successful receipt of all such required data, Contractor shall perform the following services: 1 . Project the financial position as of September 30, 2019, September 30, 2020, September 30, 2021 , September 30, 2022, and September 30, 2023. The financial position is a comparison of estimated unpaid losses with funds earmarked to meet the self-insurance activity. The projection of the financial position shall consider: current funding, budgeted revenue to fiscal year-end, anticipated interest income, budgeted expenses paid to fiscal year-end and projected losses paid to fiscal year-end. 2. Contractor will recommend an overall funding level for fiscal years 2019-2020 through 2023-2024, calculated separately by fiscal year. The recommended funding reflects projected future losses, anticipated investment income, the financial position of the City's self-insurance activity and a reasonable provision for contingencies. If the self-insurance activity within either fund shows a positive fund balance, Contractor will outline a prudent plan to release the equity. If the self-insurance activity within either fund shows a deficit, Contractor will outline a long-term strategy to reduce the shortfall. 3. Contractor will discuss any observations that Contractor may have, including a review of claim frequency and claim severity patterns for the past five fiscal years. Significant differences from previous actuarial studies that Contractor had conducted, if any, will be identified and explained. Should there be a projected shortfall based on actuarial analysis, actuary will determine trend and provide report which identifies solutions. 4. Contractor will provide a statement affirming the conclusions in the actuarial study are consistent with the GASB Statement No. 10. 5. Contractor will provide two studies annually based on data valued as of March 31 and September 30 of each year. 6. A benchmark comparison of the City's Workers' Compensation experience with that of other Texas public entities. 7. Conference with the City twice a year to be specified by the City. The first conference shall be to review the draft of the actuarial report and the second conference shall be when the final report is completed. A formal presentation for various financial departments at the City to explain findings associated with the study shall be provided at the discretion of the City. 8. In performing services for the City under this Agreement, the Contractor is not acting as a fiduciary for the City and does not have a fiduciary or other enhanced duty to the City. B. Reporting. The Contractor shall perform services required herein and conduct a comprehensive annual actuarial analysis of the City's self-insured Workers' Compensation and Liability programs. The actuarial analysis shall commence during the month of November, with final completion by mid-February. Its conclusions and recommendations in a draft report within 30 calendar days after (1 ) authorization of the City to commence, unless an extension is granted in writing by the City, and (2) upon acknowledged receipt by the Contractor of complete and satisfactory statistical data. The draft report shall be consistent with GASB statement No. 10. The conclusions and recommendations shall be clear, concise, and easily understood by non-actuaries. The report shall include charts, graphs and other documentation sufficient to support all conclusions and recommendations. The Contractor shall be available for discussion or presentations regarding the draft report's conclusions and recommendations after submission of the draft report at the City's convenience. Based on any new facts ascertained, the Contractor shall revise the draft report and issue a final written report no later than 21 days after authorization by the City to commence, unless an extension is granted in writing by the City. Attachment B - Schedule of Pricing S Si ° CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION p lRfppp��RA RFP No. 1764 Actuarial Services for Risk Management PAGE 1 OF 1 DATE: July 31,2018 AMI Risk Consultants,Inc. PROPOSER AUTHdRIZEb SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. TOTAL PRICE ITEM DESCRIPTION QTY UNIT 1.0 Actuarial Services Year 1 1 Lump sum $12,000 2.0 Actuarial Services Year 2 1 Lump sum $12,000 3.0 Actuarial Services Year 3 1 Lump sum $12,000 4.0 Actuarial Services Year 4 1 Lump sum $12,000 5.0 Actuarial Services Year 5 1 Lump sum $12,000 Attachment C - Insurance Requirements Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Purchasing 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. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. PROFESSIONAL LIABILITY $1 ,000,000.00 each claim $1 ,000,000.00 Each Policy Year Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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. B. Contractor shall be required to submit renewal certificate of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this 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 C. 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: • 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; • Professional liability policiy will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Actuarial Services for Risk Management 06/20/2018 sw Risk Management Attachment D - Warranty No warranty is required under this agreement therefore Service Agreement Section 8 is hereby null and void. SC o� � v AGENDA MEMORANDUM N�ORPOBPI Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison — City Manager's Office ArleneM@cctexas.com (361) 826-3356 Month to Month Amendment to Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau CAPTION: Motion authorizing Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. PURPOSE: The purpose of this item is to approve an Amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau. BACKGROUND AND FINDINGS: On September 22, 2015, City Council approved a three-year Consulting Services agreement with the CCCVB for a period extending from October 1, 2015 to September 30, 2018. Per the City's Annual Audit Plan, the City Auditor is conducting a contract audit of the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB). As a result, a new multi-year term agreement with the CCCVB is being postponed until said audit has been complete. The attached month-to-month extension of the Consulting Services agreement will maintain the current terms of the agreement. The FY19 budget has been adjusted to reflect the $336,960 advance that was received by the CCCVB in FY18. ALTERNATIVES: An alternative could be to allow the existing contract to expire, but that is not practical or recommended. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2015-2015 (CIP only) Current Year Future Years TOTALS Line Item Budget $5,338,959 $5,256,024 $10,594,983 Encumbered / Expended Amount $5,338,959 0 $5,338,959 Up to Up to This item 0 $5,256,024 $5,256,024 BALANCE 0 0 0 Fund(s): Hotel Occupancy Tax Fund Comments: The Future Years number reflects the FY19 deduction of$336,960 which was advanced to the CVB in FY18. RECOMMENDATION: Staff recommends approval of the motion to approve this amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau. LIST OF SUPPORTING DOCUMENTS: Agreement—2015-2018 CCCCVB Consulting Services Amendment to Agreement AMENDMENT NO. 1 TO AMENDED CONSULTING SERVICES AGREEMENT Whereas, on October 2, 2015, the City of Corpus Christi (the "City") and the Corpus Christi Convention and Visitors' Bureau (the "CVB") entered into an Amended Consulting Services Agreement (the "Agreement") ; Whereas, Section 10 of the Agreement provided for a termination date of September 30, 2018; Whereas, the City and the CVB would like to extend the Agreement on a month- to-month basis until a new agreement can be reached; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 10.01 of the Agreement is hereby amended to read as follows: "10.01. The term of the Agreement commences as of October 1, 2015 and continues until September 30, 2018, subject to termination as provided in this Agreement. Upon the expiration of the original term, this Agreement shall automatically renew on a month-to- month basis unless either party provides one month's prior written notice of nonrenewal to the other party. This Agreement shall automatically terminate if the parties enter into a new consulting services agreement." 2) Section 8.04 is hereby added to the Agreement to read as follows: "8.04. Deduction of Advance Paid in 2017: For the 2018-2019 fiscal year, the City shall deduct an amount equal to $336,960 from the payments of the Contract Amount. Such funds shall be used to reimburse the City for the funds that were advanced to the CCCVB in the 2017-2018 fiscal year to fund additional advertising that was required due to a storm event. To reach the total of $336,960, $28,080 shall be deducted from each monthly payment made between October 1, 2018 and September 30, 2019." 3) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment becomes effective upon execution by all parties. [Signature page to follow] EXECUTED IN DUPLICATE ORIGINALS by the authorized representative of the parties. City of Corpus Christi Corp Christi Convention nd isitors' Bureau Samuel Keith Selman Paulette Kluge Interim City Manager Chief Executive Officer Date: Date: -` Attest; Rebecca Huerta City Secretary Approved as to Legal Form on of 20 Assistant City Attorney AMENDED CONSULTING SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This Amended Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("City") and the Corpus Christi Convention & Visitors Bureau ("CCCVB"), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; and WHEREAS, CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.01. CCCVB shall perform the following services in a satisfactory and proper manner, as determined by the City Manager or the City Manager's designee. 1.02. The CCCVB shall, in accordance with the organization's mission, drive overnight visitors to the Corpus Christi area. Specific activities required include; (A)Lead attraction and support of meetings, conventions and tradeshows within Corpus Christi, including the following specific activities: a. solicit various organizations and associations to conduct meetings/ conventions/tradeshows within Corpus Christi year-round; b. utilize various advertisinglmarketing techniques to promote City of Corpus Christi as a desirable year-round meeting and convention destination; c. provide support services to meetings and conventions in Corpus Christi; d. focus efforts on the City's Convention Center; (B)promote the City of Corpus Christi as a year-round, leisure tourism destination; (C)design and implement an advertising campaign with state, national, and international coverage to feature the Corpus Christi area as an attractive region for tourism; Page 7 of i 1 (D)support for special events that will create overnight visitors; (E)maintain high quality, updated website and printed materials for visitors; (F) serve as main point of information for inquiries related to tourism and convention- related business in the Corpus Christi area; (G)operate visitor information center(s); (H)research and advise the City on projected growth of tourism and convention- related business to assist City planning efforts, including expanding segments of the industry, such as sports tourism, cultural tourism and nature tourism; (1) provide feedback to City, as requested, to facilitate policy decisions made in the interest of tourism promotion- (J) act as a liaison for the City in its relationships with the music and film industries; (K)perform all responsibilities of tourism and marketing; (L) perform additional duties as agreed upon by both parties which are consistent with the organization's mission statement. 2. APPROPRIATIONS AND AUDIT 2.01. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 2.02. CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. 2.03. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of CCCVB. 2.04. Interest earned on funds contributed to CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for CCCVB use within the convention and visitor fund account. 2.05. The parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.08. CCCVB shall provide an Independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending September 30. 2.07. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Page 2 of 11 2.08. Early reports of an independent audit of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles (GMP) must be submitted to the City Manager within ninety (90) days after the end of each fiscal year that this Agreement is in effect. 2.09. City shall have the right during each calendar year or fiscal year to authorize an audit of CCCVB's records pertaining to its revenues and expenditures of funds allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of Certified Public Accountants satisfactory to City. The cost of such audit shall be paid by City. 3. RECORDS. 3.01. The books of account of the convention and visitor fund held by CCCVB must be maintained in a form approved by the City s Director of Finance, and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of CCCVB. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 4. REPORTS. 4.01. Business Plan: By July 31 of each year the CCCVB shall provide City Manager with a Business/Marketing Plan that outlines the overall objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic markets, a line item budget; and significant initiatives. The Plan will be in a format similar to the City's Business Plan template. Opportunities to promote City-funded venues must be specifically identified and included in the plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 4.02 Required Quarterly Reports; The CCCVB shall provide quarterly reports to the City on expenditures of Hotel Occupancy Tax ("HOT") funds, in accordance with Tax Code §351.101 (c). 4.03. Performance Reports: The CCCVB shall periodically report to the City Council on the activities and work accomplished. The CCCVB shall make any special presentations or prepare specific reports, if requested by the City Council, within 30 days of the request. 4.04. Annual Report. The CCCVB shall report annually on the outcomes of the performance measures presented in the Business/Marketing Plan for the previous year. The Annual Report is due within sixty (60) days after the end of each fiscal year while this Agreement is in effect. The Annual Audit referenced in Section 2 shall be ,provided promptly upon completion but in any event within ninety (90) days after the end of each fiscal year. 5. PERFORMANCE MEASURES. Page 3 of 11 5.01. The performance of the CCCVB under this Agreement is based on level of hotel occupancy tax earned. 5.02. CCCVB shall be deemed to have met its performance requirements for a particular fiscal year if the amount of the City's 7% portion of the hotel occupancy tax earned and received by City for that fiscal year meets or exceeds the minimum threshold of $6,200,000. 5.03. CCCVB's fiscal year runs from October 1 through September 30. 6. CONDUCT OF SERVICES 6.01. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes foi which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. 7.01. The officers and employees of CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond inusi be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form as to be approved by the vity Attorney. 8. COMPENSATION. 8.01. Hotel Occupancy Tax Share: The City agrees that for the convention and visitor services performed by CCCVB under this Agreement, the City shall pay CCCVB annually the sum of 44% of the City's 7% hotel occupancy tax receipts received by the City for the CCCVB's current fiscal year, but specifically excepting all hotel occupancy tax receipts received by the City thai are generated from any and all districts of the Schlitterbahn Beach Country project described in the Chapter 380 Economic Development Incentive Agreement Between the City of Corpus Christi, Texas and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD approved by the City Council by Resolution No. 029487 on May 22, 2012 ("Schlitterbahn"), divided into monthly payments described in Section 8.02. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.02 HOT Trigger of Renegotiation: Should hotel/motel tax receipts received by the City for the twelve months ending March 31 in any year fall below $6,200,000, the Contract Amount for the following fiscal year may be renegotiated. Each of the above amounts must be calculated based upon the amount of City hotel/motel tax receipts received by the City, excluding the 'Lwo percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. Page 4 of 11 8.03. Payment Schedule: During the term of this Agreement, the City shall pay to CCCVB a sum equal to one-twelfth of the annual amount payable to CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year if the payments are justified by documentation provided by CCCVB. 9. BOARD OF DIRECTORS 9.01. The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of thirteen (13) members selected directly by the City Council of the City. The members must be representatives of the following groups: 3 members from the hotel inaustry; 3 members from the attraction industry; 2 members from the restaurant industry; and 5 members from the community at large. 9.02 The Mayor and City Manager, or their designees, shall serve as ex-Officio advisory non-voting members of the Board. In addition, the Council will appoint a representative from the Port of CorpuS Christi .Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex-officio advisory non-voting members 9.03. Appointments to the Board will be for staggered, two-year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board fora period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 9.04. The CCCVi3 may make recommendations to the City Council for directors as directors' terms expire, but the CCCVB always shall nominate two (2) more individuals than the total number of positions available. The City Council will provide serious consideration to the Boafd's recommendations, but is not restricted to select members submitted by the CCCVB or any other group. 9.05. Unexcused absences from more than twenty five (25) percent of regularly scheduled meetings ouriag a terra Dear must result in an automatic vacancy, which vacancy must be promptit! reported to tyle City Council. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligtole, may not be precluded from reappointment by reason of the au►ornabc vacancy. Page 5 or 11 9.06. CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a PresidentlChief Executive Officer to exercise day to day management and administration of CCCVB. 9.07. The Board of Directors will operate under bylaws developed by the Board. Changes to the bylaws may be made only by a two-thirds vote of CCCVB's Board of Directors. No change in bylaws may be considered, which is inconsistent with any provision of this Agreement, The City Manager will be notified of any proposed changes to the bylaws at least two weeks prior to the adoption of the bylaws by the Board of Directors. 9.08. CCCVB agrees that meetingi of Ks board of d rectors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary i-or tl to purpose. of discussing proprietary business. 9.09. The City and CCCVB agree tnat in no event may the City be liable for any contracts made by CCCVB with any person, firm, corporation, association, or governmental body. 9.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjuoged against CCCVB arising from its operations, or the use or maintenance of its facilities. 10. TERM AND TERMINAT ON 10.01. The term of the Agreement commences as of October 1, 2015 and continues until September 30, 2018, subject to termination as provided in this Agreement. 10.02. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to ine other party. In the event the City cancels this Agreement upon one yaar's notice, the City assumes any obligations of the convention and visitor's fund with a «;rrn of IEus than one year and any other obligation approved In advance by the City Manciger The City reserves the right to terminate the contract without notice for cause. 11. MISCELLANEOL y 11.01. This Agreement replaces and supersedes all other contracts and understandings previously made between the City and CCCVB. 11.02. CCCVB specifically reserves the rigni to change its name as a corporate entity and do business under one or mo.e assumed names in compliance with the laws of the State of Texas. No Civ ;qe of r;,me or use of additional names may be deemed a modification of this Agree:-nent. 11.03. CCCVB sE-Fail corijily with ell applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. Page 6 of 11 11.04. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or(b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: Ronald L. Olson, City Manager 1201 Leopard Street P.C Box 927, Corpus Christ, Texas 78469 CCCVB: Corp,is Christi Area Convention & Visitors Bureau Attention: Chiei Executive Officer 1201 Shoreiine Drive Corpus Christi, Texas 78401 11.05. If for any reason a,-iy sectics i, paragraph, subdivision, clause, phrase, word, or provision of this Agreer;er t is held Invalid or unconstitutional by final judgment of a court of competent jurisdiction. it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for It is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given t�jil force and Effect for its purpose. 11.06. No amendments, modificabons, or other changes to this Agreement are valid or effective absent the writiEn agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the sanle irsstruJ- 11erlt. 11.07. It is understood and agreed that CCCVB may copyright, to the use and benefit of the City of Corpus Cnnsti, any material or document it deems appropriate and qualified for copyright and may administer the copyrights for ti- City during the term of this Agreement. 11.08. CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. Executed on the dates indicated t)s low binding the respective parties as of the date of last signature. Page 7 of 11 CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI CONVENTION & VISITdY.RS BUREAU By: e. R402 A) y: Ronald I- Ison Paulette Kluge City Manager Chi f Etive cer Date: _ /40 40Zfj� Date: 77� t ATTEST: Rebecca Huerta City Secretary www as to ism q Assifnut Attorney For City Attomsy r'f mmu"Ott. SECMETAR Page 8 of 11 EXHIBIT A - INSURANCE REQUIREMENTS I. CCCVB'S LIABILITY INSURANCE A. CCCVB may not commence work under this agreement until all Insurance required in this Agreement has been obtained and the City has approved the insurance. CCCVB may not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following rno r mum coveracie by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. PE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, Bodily Injury and Property Damage Per non-renewal, termination, or materialoccurrence/aggregate JbQeAifi_Qat s 1,000,000 COMBINED SINGLE LIMIT COMMERCIAL GENEF'.AL LIA.BI'_ITY including: 1. Commercial Form . Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability PROFESSIONAL LIABILITY: Coverage 1 000.000 COMBINED SINGLE LIMIT provided must cover officers, directors, employees and agents, including 1. ERRORS and OMISSIONS In the event of accidents )f any kind, CCCVB must furnish the City's Risk Manager with copies of all reports of accidents within 10 dally of any accident. ll. ADDITIONAL REQUIREMENTS A. CCCVB's financial integrity is of interest to the City; therefore, subject to CCCVB's right to maintain reasonable deductibles in such amounts as approved by the City, CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension of the Agreement, at CCCVB's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas a;id with an A.M. Best's rating of no less than A-VII. Page 9 of 11 B. The City is entitled, upon request and without expense, to receive copies of the policies, declarations pages, and a { endorsements to the policies, as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties to this Agreement or the underwriter of any such policies). CCCVB shall comply with any requests, and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CCCVB shall pay any costs incurred resulting from the changes. All notices under this Exhibit must be given to City at the following address: City of Corpus Ci esti Attn: Risk Management P.Q. Box 9277 Corpus Christi, TAX 78465-9277 Fax#: (361) 826-4355 C. CCVB 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. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, with respect to operations and activities of, or on behalf of, the named Insured performed under this Agreement with the City, with the exception of the workers' compensation and professional liability polices. 2. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi, where the City is an additional insured shown on the policy. 3. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancelia'Jort, non-renewal, or material change in coverage, and not less than ten 1,101 calendar clays advance writter, notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. T-te City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance constitutes a material breach of this contract. E. In addition to any other rerried-as the City may have upon CCCVB's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, the City hes the right to order CCCVB to stop work under this Agreement, and may withhold any payment that becomes due to CCCVB under this Agreement until Page 10 of 11 CCCVB demonstrates compliance with the requirements of this Exhibit. F. Nothing in this Exhibit may be construed as limiting In any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractors' performance of the work covered under this Agreement. G. It is agreed that CCCVB's Insurance is 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. H. It is understood and agreed that the insurance required by this Exhibit is in addition to and separate from ai Ey ocher obl;yacion contained in this contract. Page 11 of 11 ,CUS ct�- o E U AGENDA MEMORANDUM NOfl PORpSE 1852 'ublic Hearing and First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 F=-- Rezoning property at or near 7001 South Staples Street CAPTION: Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. PURPOSE: The purpose of this item is to allow for the construction of an automated car wash. RECOMMENDATION: Planning Commission and Staff Recommendation (July 25, 2018 Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This case is considered controversial as we have received 27.33% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dr. Haysam Dawod, DDS. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dr. Haysam Dawod, DDS. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 044032), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. 3. Hours of Operation: Operations from 8:00 PM to 8:00 AM is prohibited. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE1 088\@BCL@5COE1 088.docx Page 2 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE1 088\@BCL@5COE1 088.docx Page 3 of 4 Cc-2 RS-6 SP.'94-}5 Cr!-} 3 8 T C 7 H i TO 5 .. RS-TF O 2q 4 2 SUBJECT PROPERTY CH-1 Orr s-s L'1w c } CG-2 4OOA. ?rePirad'Synva;H er Le rofUevelLpirwnrSarvwea CASE: 0718-03 ZONING & NOTICE AREA 4,•, ran-' M-urrm ,� IL Ilglt lndinilai ran-Y M nr�i.rz x Hem■m[ratla . Aa-E M.117:/S PIIR Flsera Rwi MumwrYl 1 1 ,p ¢ mN �Pro-re[u o-T:]'-ae R!-1a MalcFaib 10 } Y M-AT Mu ,s.4T R!! lY�C MF�01 a F. CN-1 Me a-.a a--.aa_=a -ec m R!'.M.7'F_I'kd } -:.--s_e_s-�-trrre SU JECT M-Y Ne; Ri-TF �p TMQWF_ �-T�,r We pY- Re--- -- R!-1 ni lMplFFanb 1b C1C-Y Re[5-:' ..•-: MM..UlEdfl.• 1 p!-1 oe, :. R3 TH To nnoms Cm-Y mci--• eP 6F_W Pa.0 p Mit :.. .. Ry I.creatl d Vawb Dalt[ WH Ma.nurao-1 uretl Ho-me � -- HS hke'r+cwcr�• a..res 4`d•+'[ "' °+�, nom„ hen arol Byer. n m.u, s '� + 4 o mns rnnsm axnal flmfig LOC 4of TIQN MAC] owr_vsu sir n acaac�n C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE1 088\@BCL@5COE1 088.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0718-03 INFOR No. 18ZN1014 Planning Commission Hearing Date: July 25, 2018 = Owner: Dr. Haysam Dawod, DDS. a a 0 Applicant: The Clower Company ,L Za Location Address: 7001 South Staples Street aN Legal Description: Lot 6, Block 1 , Sterling Corners, located on the west side Q °a ° of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. From. "CN-1" Neighborhood Commercial District _ To: "CG-2" General Commercial District io Area: 0.64 acres Purpose of Request: To allow for the construction of an automated car wash. Existing Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Commercial Commercial "CN-1" Neighborhood _ North Commercial Commercial Commercial .E N "CN-1" Neighborhood = South Commercial Commercial = J Commercial Commercial and X East "RE" Residential Estate Vacant and High Density LU Commercial Residential West "CG-1" General Low and Medium Medium and High Commercial Density Residential Density Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Southside Area Development Plan and is planned for commercial uses. o The proposed rezoning to the "CG-2" General Commercial District is 2 a inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the a o proposed use. Q > Map No.: 044032 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 130 feet of street frontage along South Staples Street which is designated as an L ° "AY Primary-Arterial Divided Street. According to the Urban Transportation a N Plan, "AY Primary-Arterial Divided Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L South "A3" Primary- Staples 130' ROW 105' ROW 17,712 ADT Arterial Divided Street Street 79' paved 70' paved (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the construction of an automated car wash. Development Plan: The subject property is 0.64 acres in size. The owner is proposing the construction of a 2,400 square foot automated car wash. The automated car wash will have between 3 and 5 employees. The hours of operation will be from 8 am to 8 pm. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and consists of vacant land. The subject property was zoned "CN-1" Neighborhood Commercial District in 2005. The subject property was annexed in 1989 and is platted. To the north and south along the South Staples Street corridor are vacant properties and commercial properties consisting of a restaurants and retail businesses. To the east and across South Staples Street are vacant properties zoned "CG-2" General Commercial District and "CN-1" Neighborhood Commercial District. To the west are single-family residences (Crossgate Ridge Unit 1 Subdivision) zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. The following policies should be considered: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Implement fair and equitable ways to promote better protection when two uses of differing intensities abut one other. (Southside ADP, Policy Statement B.5) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas. (Southside ADP, Policy Statement B.6) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. • The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning does may have a negative impact upon the surrounding neighborhood in regards to noise. • Existing commercial properties to the north and south are zoned a combination of "CN-1" Neighborhood Commercial and "CG-2" General Commercial District. • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 8 am to 8 pm would reduce any potential negative impacts from occurring. • As in previous car wash projects a question of noise has arisen. This proposed automated car wash will have vacuums. However, the latest trends in car vacuums is typically a single underground unit that has multiple access points to parking stall stations for use versus the traditional individual vacuum unit at each use area. • Due to the partial adjacency to properties zoned "RS-6" Single-Family 6 District, a Type C buffer yard will be required along the northern and western property lines. Type C buffer yards consist of 15 feet in width and a 15 point requirement as per the Unified Development Code (UDC). • If the "CG-2" General Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. Staff Report Page 4 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Number of Notices Mailed — 10 within 200-foot notification area 5 outside notification area 0 As of July 20, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 4 inside notification area a — 0 outside notification area Totaling 27.33% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-03 Dr.Haysam Dawod,DDS(Clower,7001 S.Staples)\PC Documents\Staff Report_0718-03 Dr.Haysam Dawod,DDS.docx Staff Report Page 5 CG-2 RS-6 SP?94-i5 �} Cf!-i L7 3 8 1 C 7 M i 100 n 5 RS-TF p 2ny 4 2 SUBJECT PROPERTY off, S CN-1 Rp ©H S-6 C t (' CG-2 0 D Da M a1-W F12,2016 Fa 400d6y;fMrH Ar /(� � LB i6f�dV91�}Fkm?9Ri SRrY/C9d ZONING CASE: O'y7?V]/{�-03 ZONING NQ/g10EAREA RR-9 Mu-'�-'i,1 IL IlgIi IlYDuiilal W:'2 Mu""'-'l Y p Hr pY[rl[.MM Rl1-i M,": '15 MD R ,,d UAI Mr Gwfty OH 1W.—y�tl d]f M1be Rt-ib ri�dlaFa�b 90 Y RY-Ai Mu"• lAT Ri# riopl Fai010..V F_h He /p cH-7 :-.:x�oa cornmeraddl Birkad 5 SU JECT cM-s dd>; �r,7oa co�r�[srea.e R*_TF Tw®-F,my 6PERTY �n CR-1 Re[�-=y..�nero[a' Ri-16 iArOk-Fnm ry l6 RETH CI doer-.•:::.- -- CBD M'x':.:.' CR-2 dH Fa ren Ru ral S H MI-16D 1e[Iry 4 BF BVc�eYVYark Cit XFez LOCATION MAP �Ve�etl orns9tW�hk F.32fi�c'.;y Staff Report Page 6 Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades g e kgrien I> 1tA4iQ0 istir a este junta V que recuieren servicios esoeciales, se les ts&ljga Quo-dt:tt_AAW 4.0 horns antes de la iunla Ilamando at depanamento de servicios de desarrollo,al numero(3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta y su ingles es limitado favor de Ilamar at departamento de servioios de desarrollo al numero(3611 826 3240 al menos 48 horas antes de la iunta para solicitar un int$rprele ser primerite durante la iunla, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-03 Dr. Haysam Dawod, DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District- not resulting in a change to the Future Land Use Map.The prope4 to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THe CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277, CORPUS CHR13Tl.TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance wli the Planning Commission BY-Lnus,no discussion shall he held by a member or members of this Commission with an applicant or appellant eonceming an apppCiHon or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name 777Ak(,Lw, 44—: Address: n q <$T�dt=i City/State: CC- --F4(. -7 6 3 ( ) IN FAVOR +0,1N OPPOSITION Phone: 36 LCl o k l 'f`� (�•' MvC� �AC �=vr Tjrn,vl: e.,,T-r `-6-c hrr�J'� , j�` /1 lY �//s1/Iof�`�' c., l�) Jt�C/' I.c •.'�� SEE MAP ON REgnVERSE SIDE Case No.0718-03 INFOR Case No.: I8ZN1014 Project Managor Andrew Dimas Property Owner ID:2 Email:andr"d2@Wexas.com Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incaoacidades. gugtienan la inter ciJn 7e a�istir a esla iunla_Y W ro*10 en sarvicios esaeciales,se les sujlica Le den aviso 48 horas antes de la junta Ilamando at deoartamento dg serviclos de desarrollo,at numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diridrsa a la commission jurinle 13 itrttay sit in-*es es limitad3. tar�r de Ilarrlar 4 de uartamenlo de servicios d r_.desarrolio al numero (351)325-324)4 mens 48 horas antes d21 a IL-n W lar solicits vn intbrorete ser oresenie durante la iurta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-03 Dr. Haysam Dawod, DDS. has petitioned 'he City rf Corpus Christi to consider a change of zoning from the-CN-1"Neighborhood Commercial District tc the"CG-2"General Commercial District, not resultinta in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Upes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and rormulate a recommendation to the City Council. The public hearing will be hell on Wednesday, July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O.BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY tNFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Conniseion By-Laws,no discussion shell be(leld by a member or members of thls Commission with an applicant or appellant concerning an appricatlon or appeal,eltherat home or office.or in person, by telephone call or by letter. ee Printed Name. 014000"n Address:�c�.�� ��it 9 City/State lc ( � :7 �Ll =c- �'- { ) IN FAVOR IN OPPOSITION Phone:��, Ce�YT7_ REASON: Signature T SEE MAP ON REVERSE SIDE V Case No.0718-03 INFOR Case No.:18ZN1014 Project Manager.Andrew Dimas Prnvarty nwner In•4 Email:andtewd2@cclexas.com Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance al(361)826-3240. Personas con Inewacidades- oue denen la intention de asisbr a esta iunta v ave reauleren servIdg2esoeclales. 5e les suotica clue den aviso 46 horas antes de to junta damando at departamento de servicios de desarrrollo,at rl�mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Serv{ces Department at (361)826-3240 at least 48 hours In advance to request an interpreter be present during the meeting. Si usted eesea diriairse a la commission durante la junta v su innles es limitado, favor de hamar al deDartamento de seroic ps_de_desarrollo at numero (361)826-3240 al mencs 48 horas artes de la junta para solicitar un intftrete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-03 Dr. Haysam Dawod. DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive,and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng will be held on Wednesday. July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT.SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commisslon with an applicant orappellant cones mIng an applicatlon or appeal,either at home or orrice,or In person. by telephone call or by left r.f / _-;— Printed Name:. ^�Ila Address: --i (i C C lwif A l CitylState: Cie ( ) IN FAVOR XIN OPPOSITION Phone: REASON: a 99 „ i r CWit,d/ r . . .I SEE MAP dna REVERSE SIDE Case No 0718-03 INrOR Case Nu. 18ZN1014 Project Manager Andrew Dimas Property Owner ID:6 Lmax:andrewozLcctexas com Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas can incapacidades, (me tienen la intenpdn de a�ist►r a esta urta y we reauieren servidos espedees seles sed ca cue den aviso 48 horas antes de la Junta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. iS ustgd_ esea dirigirse a la commission durante la iunia y 5_u_ingles es limit o. favor de Ilamar al departamento de servicios de desarrollo al numero(3611826-3240 al men%48 hqras antes de la de la solicitar un interprete ser presented rante la junta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-03 Dr. Haysam Dawod, DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 25, 2018 during one of the Planning Commission's regular meetings, which begins al 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public heanng to express your views on this rezoning request,For more information, please call(361)826-3240. TO BE ON RECORD,THtS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0 BOX 9277,CORPUS CHRIST 1,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or mambars of this Commission with an applicant or appellant concerning an application or appeal.either at home or office,or In person, by telephone call or by letter. Printed Name-. �a �Y�( aUlJl ., ec�_�- r•-- Address: o�s S( (. City/State: (-C . T�_ - yj ( ) IN FAVOR l/ OPPOSITION Phone: � �� REASON: / C..,,A4A/Z Signature SEE MAP ON REVERSE SIDE Case No.6718.03 INFOR Case No.: 18ZN1014 Project Manager:Andrew Dimes Property Owner 10 9 Emafl:andrewd2@cctexas cam Zoning Case #0718-03 Dr. Haysam Dawod, DDS. Rezoning for a Property at 7001 South Staples Street City Council Presentation September 11 , 2018 Aerial Overview Art, ept, 's ".� SUBJECT -_ -- PROMW�o Q I 10 2 Subject Property at 7001 South Staples Street EO. It Vicinity Map' f AM ti f f �i Cq RO ' Fs •.xy�x ��PE �� �'�"� ar, { "�sr5treet�eg antl mntributors, 3 Zoning Pattern Ir ION 0914 c�a��o�o�� 2013 ass0 CH4 200000 - o �0�14 CH-11W 6H 2013 �Oqg leas G3G�1��1 I gas r C O-2 lose 2M Planning Commission and Staff Recommendation Denial of the "CG-2" General Industrial District in lieu thereof Approval of the "CN-1 /SP" Neighborhood Commercial District with a Special Permit (SP). IV-I'll r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Preliminary Site Plan - - I I 1 I i > d Public Notification 10 Notices mailed inside 200' buffer R5 s IG ' 5 Notices mailed outside 200' buffer a _6 ASO oyer cu r 5 Notification Area Ta�aR , �p Opposed: 4 (27.33%) , r 5 as-rP zN SUBJECT o X PROPERTY In Favor: 0 eo Rsr cu-r �Rp UDC Requirements Ir "s Buffer Yards: CG-2 to RS-6/RS-TF: Type C. 15 & 15 pts. \sfoG. Setbacks: Street: 20 feet °R Side & Rear: 0 feet Parking: 2 per car wash bay Landscaping, Screening, and A. Lighting Standards Uses Allowed: Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, Car Washes, and Multifamily Uses. s �yUS C O H U AGENDA MEMORANDUM NconpoRF1E 1$52 'ublic Hearing and First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 FRezoning property at or near 7601 South Padre Island Dr. and 5246 Lexington Rd. CAPTION: Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "IL" Light Industrial District.(3/4 vote required) PURPOSE: The purpose of this item is to allow for the construction of an auto sales and service and boat sales and service establishment with service areas. RECOMMENDATION: Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This case is considered controversial as we have received 53.12% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of May Dev, LP. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by May Dev, LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 039034), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which identifies the required setbacks and screening areas, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the southern and eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: Business may only be conducted between the hours of 7:00 AM to 9:00 PM Monday through Saturday 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within eighteen (18) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued due to closure of business for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COED390\@BCL@2COED390.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COED390\@BCL@2COED390.docx Page 3 of 5 Exhibit A C G-2 4Pk Tp RAf,, 40 12 RS-6 SUAVE!/I)= /1111!�E� PRM 9 ii 14 2 4 Dan Crbamd 712,016 400 CASE: 0718-04 ZONING & NOTICE AREA IL LlgMld.1d.1 R*-14 ::G—::ft 90 ayq'e M AT'A- -F R*4 QWF Eye CM-1 mi NT I R*4�—Q--4 SUBJEC Rl-rF PROPERTY RS-16 mcwr—lu lf can 0-v! W RS-TH T—ft... CD-2 0-1! W wp­ ­ I FW Fill,=1'21 van r la pm1k WH xanuraoraree Home M-s H rc+aoo y naw tin CRY& LOCATi N MPI Exhibit B C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COED390\@BCL@2COED390.docx Page 4 of 5 SQ6 J4LwI Vim _ —_—J WIVU 1607" 70017 ip I R y H $ I a - r 6-foot Screening 20-foot ,' Fence I Setback (No Storage or Building) " b � I Bill •' J I Ot I I II ♦� A I Zr i I — ':iiSi' -- �y moi• a I - — ------_ its Cir' Com++ J C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@2COED390\@BCL@2COED390.docx Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0718-04 INFOR No. 18ZN1015 Planning Commission Hearing Date: July 25, 2018 = Owner: May Dev, LP. a a 0 Applicant: The Clower Company Location Address: 7601 South Padre Island Drive and 5246 Lexington Road Q N Legal Description: Lot 5 and 6, Block 1 , Bridgepointe Landing, located at the Q °a o southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. From: "CG-2" General Commercial District c To: "IL" Light Industrial District 'Es Area: 15.46 acres N ° Purpose of Request: To allow for the construction of an auto sales and service and boat sales and service establishment with service areas. Existing Zoning Existing Land Use Future Land Use District Site "CG-2" General Vacant Mixed Use Commercial _ "CG-2" General W North Commercial Mixed Use N Commercial _ 0Low Density Medium Density C South "RS-6" Single-Family 6 = M Residential Residential LU East "CG-2" General Commercial Vacant Mixed Use West "RS-6" Single-Family 6 Vacant Mixed Use Ca Area Development Plan: The subject property is located within the 0- c boundaries of the Southside Area Development Plan and is planned for mixed M ° uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent a o with the adopted Comprehensive Plan (Plan CC). Q Map No.: 039034 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 237 feet of street frontage along South Padre Island Drive which is designated as a "F1" Freeway/Expressway and approximately 1,256 feet of street frontage 0 along Lexington Road which is designated as a "C1" Minor Collector Street. = According to the Urban Transportation Plan, "Cl" Minor Collector Streets can ca convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type C; South Padre F1 Freeway/ 400 ROW 268, ROW 11 ,295 ADT Island Drive Expressway Varies paved 228' paved (2013) (SH 358) N Lexington "Cl" Minor 60' ROW 70' ROW Road Collector Street 40' paved 25' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow for the construction of an auto sales and service and boat sales and service establishment with service areas. Development Plan: The subject property is 15.46 acres in size. The owner is proposing an auto sales and service and boat sales and service establishment with service areas. Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and consists of vacant land. The subject property was zoned "CG- 2" General Commercial District in 2016. The subject property was annexed in 1962 and has remained undeveloped since the time of annexation. To the north is an existing boat sales dealership (Premier Yamaha Boating Center) and is zoned "CG-2" General Commercial District. To the south is the Williams Drainage Channel which consists of a 155-foot wide channel at a depth of 10.27 feet. Across the Williams drainage channel are large tract single-family residences (Lexington Acres) zoned "RS-6" Single-Family 6 District. To the east are unplatted vacant properties zoned "CG-2" General Commercial District and "RM-3" Multifamily 3 District. To the west across Lexington Road are unplatted vacant property zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is consistent with the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Implement fair and equitable ways to promote better protection when two uses of differing intensities abut one other. (Southside ADP, Policy Statement B.5) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and has not been developed since annexation in 1962. • Vehicle and boat sales establishments are allowed by-right in the "CG-2" General Commercial District. However, any heavy repair work is only allowed in the industrial districts as per the Unified Development Code (UDC). • According to the former Corpus Christi Zoning Ordinance, under the "134' Business District ("CG-2" General Commercial District), "Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment." • The addition of the paint and body shop of the vehicle repair facility would not have an adverse impact as it will always remain a secondary and ancillary use to the multi-brand vehicle sales establishment. • An SP would provide the use requested by the applicant while protecting the integrity of surrounding uses including the nearby single-family neighborhood. • All uses will be subject to the City's noise ordinance to prevent a nuisance from occurring. • Due to the adjacency to properties zoned "RS-6" Single-Family 6 District, "RM-3" Multifamily 3 District, and "CG-2" General Commercial District, a buffer yard will be required along the corresponding property line. Buffer yards consist of an area and point requirement as per the Unified Development Code (UDC). In addition, a 155 foot wide drainage corridor exists to the south to separate the proposed use from the single-family residences. • The applicant is requesting a service center to operate as an ancillary repair shop. The Unified Development Code (UDC) defines vehicle services as: Vehicle Service, Limited: Minor repair or replacement of parts, tires, tubes, or batteries, diagnostic services; minor motor services such as grease, oil, spark plug, or filter changing; tune-ups; emergency road services; replacement of starters, alternators, hoses, belts, and points; brake or muffler repair, wheel alignment, automobile washing, automobile upholstery, window-tinting, state inspections and associated minor repairs; routine servicing of air-conditioning systems, or other similar minor repair services. Minor repairs do not include uses listed under "vehicle service, heavy." Vehicle Service, Heavy: General repair or overhaul of engines, air-conditioning systems, transmissions, or radiators for motor vehicles; Repair of bodies, frames, or fenders, painting, undercoating, or rust-proofing; repair of heavy load vehicles such Staff Report Page 4 as, tractor trailers, commercial dump trucks, or transit vehicles; customizing; vehicle steam cleaning; and other similar uses. Major repairs do not include uses listed under "vehicle service, limited." Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the southern and eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: The hours of operation shall be from 7:00 AM to 9:00 PM Monday through Saturday. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Vehicular Access: Exiting of vehicular traffic shall be limited to right turn only onto Lexington Road and shall not drive through the residential neighborhood located to the south of the subject property. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff Report Page 5 Number of Notices Mailed — 14 within 200-foot notification area 5 outside notification area 0 As of July 20, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 4 inside notification area a — 0 outside notification area Totaling 53.12% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-04 May Dev,LP(Clower,7601 SPID)\Council Documents=Report_0718-04 May Dev, LP.docx Staff Report Page 6 ► �y,�y� CG-2 t 3;q R Afp 44 �yD A? 12 8 RS-6 frB/` r SI.Jyl� R6 w� s i3 7 2 ii p 14 3 4 Cam CJ Fed:7+7!2 Ms 0 dP0 Sp Pfspa.red 5y:YL-H e i Cepa�rraar or oanajopmanrsern, CASE. 0718-04 Ax ZONING & NOTICE AREA IL 13M Ha.1d.1 Rl1.Y YUE"•-. 9H Nrnry l6N[My ItY E Mul!'�" -_- RJ9 P1Nrn�tl uel oFx 0xnrY} �S ON Pwfc[[Y - -- ,E-10 fl9MFaib 96 M.AT Mut1Y:-' '•-f -,E2 riiQIFFamy0 pl-1 INY-�:Y--YY::Y-.....: REi.n E3�41wFsb4E SI/$.31=C d1.P Me�hYY--Y:.'Y RE-TF iWo-Fence PRQpSRTX df.9 ISewr.=Y-...•-: RE-1E MCn FeN11,94 4 Rc cuenitelEGil� RS TH TReMenhouee CQ-P Ooeer: EP EpeooePorm1Y RY Fil .6=21veh7c1a Part - C9EL WH 1Aenu6eeluretl Nome r city ••�3ifd'1�M'L' O+nets 4 K�YPR LtID!! h4xu .yYohr bac �ec«ea orrr�n�9 mar h n avo:!_n., Staff Report Page 7 �--rs- --- _ - - -- Persons with disa&1Tt- s plannin_g to attend this meeting, who may require special servwft, are requested to oordea the Development Services Department at least 48 hours in advance at(361)826-3240 tesonas con inr,-dC6CM 2M ue tiers n lain encr6n de asis it a esntp ygue reguieren servicios e5pec�ales, se Ies,,gudica Ocie dart aviso hora�s es de la Junta Itamand4 al denaNamento de servicios de d sarrollo,all numero(361)828-3240. H you wish to address the Commission during the meeting and your English is limited, please call the Dev Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present meeting Si usted desea dirse a la commission duran la 'unta su les es limitado f de mento de servicios de desarroilo I numero 361 826-3 4 I m n 4 ras antes de 18 u iun intArprete ser presente durance la' n a. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Dev, LP. has petitioned the City of Corpus Christi to consider a change Df zoning from the"CG-2" General Commercial District to the"IL" Light Industrial District, resulting in a change to the Future nd Use Mao.The property to be rezoned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a mmendation to the City Council. The public hearing will be held on Wednesday, July 25 2018 during of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views on this azoning request. For more information, please call(361)826-3240. ul OBE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND "�" 4 ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRIST! TEXAS 277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, IOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of tris Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person. ,y telephone call or by letter. 'rented Name: b5a Chap. tddress: City/State: e 0Fu,� Chr15h T� } IN FAVOR (XIN OPPOSITION Phone: 30 '1&0 7 7Z 3 SON: Signature AP ON REVERSE SIDE OR Case No.:18ZN1015 Case No.0718.01 petty Owner ID:1 Project Manager:Andrew Dimas Email:andrewd2@cctexas.com Staff Report Page 8 Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades guE tienen la intenci 4n de asistr a alta'juntoy 0d6 re qJ aren servicios a 5mgial es.se le s su dica ai-e d en av so 48 horas antes de la junta Ilamando al departamento de serv�clos de desarrollo al numero(361)826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si used dei din irse a la commi n durante la 4unta v stj inql4s es limaado favor de Ilarrar al departamento de servicigs de desarrollo at numero(3611826-3240 al menos 48 horas antes de la junta para solicitar un_intsrprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-04 May Dev, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2" Gcncral Commercial District to the"IL" Liuht Industrial District, resulting In a change to the Vulture Land Use Map. The property to be rezoned is described as: 7601 South Padre Island Drive (State Highway 358) and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Councii approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commiss on will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 25, 2018,during one of the Planning Commission's regular meetings, which begins at 5:30 a.m., in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearng to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE-(WRECORD,THIS FORM MUST BE FILLE-C3UT,SIGNED BY THE CURSPROPERTY OW NEMAILE IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT.P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Um—,no discussion shall be he by a member or members of this Commisslon with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name: B 41a re e- Address: / 12. �, CitylState:6C, I Tic 9"1 ( } IN FAVOR (OPPOSITION Phone: 36/- ?13 - 17.0-13 REASON: I n 5 LA.-Vport o F cL spe ial t.isrZ perm* t for- a. W1'9 h 2n CA Ca,r c Q41e-rsk%P OLr\--.l kc I h (?n4 b0ct- Do nest wa►R` to "I C" -Zoir j � n tka Ckr-ea . —2k9&,ti0 .e2�t1 Signature tl SEE MAP ON REVERSE SIDE Case No 0718 D4 INFOR Case No.:18ZN1015 Pmjecl Manager Andrew Dimas Property Owner ID.8 Email andrewd2gectexas tom Staff Report Page 9 Persons with disabilities planning to attend this meeting,who may require special servi eis,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con Incaoacidades. Wre tienen la intention de asistir a esta iunta y gue recuieren servicios esoeciales, se les suolica cue den aviso 48 I Baas antes de la'unta Il a nand4 all deaartamenly_do servicios de Mmarrollo,al numero 1361)826-R4). If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted des ea ri:jrse a la commission durante la Iurday su innlil5s es limitado favor ie Ilamar al deaar-amento de servicios de desarrollo al numerr)(361)826-3243at menos 48 hors antes de la tuntalarp solicitar un intdr-rete ser rrresente dwante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Day, LP. has petitioned the City of Corpus Christi to consider a change of zoning frcm the "CG-2" General Commercial District to the"IL"Light Industrial District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request For more information,please call(361)826-3240. TO BE ON RECORD,TM FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277,CORPUS CHRISTI, TEXAS 78489- 9277. ANY IWORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws,no discussion shall behold bye member or members of this Commission wiMr an applicant or appellant concerning an application or appeal,either at hone orofAee,or in person, by telephone call or by leffQ�er. l j ,� I / f� f Printed Name: enAllf �i{.Sf• . Tfli1 �t� IAl�rr/ oI >+I 40L I'm Address: f J. . 0 7 q I City/state: rid1 ( ) IN FAVOR (}C)IN OPPOSITION Phone: REASON: !! d 4►n c ptj+ It 1L Zan► r�'� will f"If a �ftU�a l �11'iL r(M'� �Ot a J1r1L-Q►Ic�p o��. v �f� rk'Q i; �ti��-ew� yHaf ln� lftk'Q, Ll SEE MAP ON REVERSE SIDE Signature Case No.0718.04 INFOR Case No. 18ZN1015 Project Manager:Andrew Dimas Proporty Owner ID 9 Email:andrewd2@cctexas.cam Staff Report Page 10 Persons with disabilities planning attend this meeting,who may require sp I services,we requested to contact the Development Services Department at least 48 hours In advance at(361)82b-3240.Personas con incanacidadts. 4ue tienen la intencion de asistir a esta junta y que►ectuieren servicios especiales, se les suplica que den avi5Q 48 hordsantes de la junta Ilamando al depa-tamento de servicios de desarrollo.al nAmero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri4rse a la cgmmission durant la nta u inales es limitado, favor de Ilamar al departarrento de seryiCigs de desarrollo al numero(361)826-3240 al menos 48 horas antes_ de la junta Dara solicitor un inOrprete ser oresente duranLq19iu_nJC CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Dev, LP.has petitioned the City of Corpus Chris:i to cors:cer a change of zo•)ing from ne-CG-2" General Commercial District to the"IL" Light Industrial District, resulting in a change to the Future Land Use Map.The property to be rezcned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018,during one 3f the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD.THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAULED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O- BOX 9277. CORPUS CHRISTI, TEXAS 78469- 92T7. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE In accordance with the Planning Commission By-Laws,no discussion shall he held by a member or members of this Commission with an applicant or appellant concerning an application or appeal.either at home or office,or in person, by telephone call or by letter.r. Printed Name: h ;5 Address: Ze ri—D City/State: ( ) IN FAVOR IN OPPOSITION Phone: REASON; 1 1k.9O� ` L C - I �Yloviri �o�l 71:14 Signature SEE MAP ON REVERSE SIDE Case No 0718.04 INFOR Case No.:18ZN1015 Project Manager.Andrew Dimas Propen}Owner ID:10 I Email:an d2Ccclexas.com �,Y�M 1►Y1 t�h C� �a SGr�-+n �a+/T��JI (,/AA 014 �rl < �v)c /'�11:'t� Zoning Case #0718-04 May Dev, LP. Rezoning for a Property at 7601 South Padre Island Drive (SH 358) and 5246 Lexington Road City Council Presentation September 11 , 2018 Aerial Overview Ir Vy UBJECT ®- 'G30o o�- O • t O � 2 Subject Property at 7601 South Padre Island Drive - (SH 358) and 5246 Lexington Road �irArf��bst�f cc-� ro It s �4 _ 3Sg Fwr fiwY��A. E S( qhO ,.r � r .,..: Vicinity Map a N, > Imo#OpenStreeCbAap and mntributrm, CreativeC—...-Sh_Alk. �"+s, f License:CC-9Y--SA) �F "0""ff 3 -� Zoning Pattern Oo ooq p I Sol CO CO-22 2o07 R24 �aoeQ ISM 0 MCS EM 1 I: 4 Planning Commission and Ir Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CG-2/SP" General Commercial District with a Special Permit (SP). r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: The hours of operation shall be from 7:00 AM to 9:00 PM Monday through Saturday. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Vehicular Access: Exiting of vehicular traffic shall be limited to right turn only onto Lexington Road and shall not drive thru the residential neighborhood located to the south of the subject property. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Preliminary Site Plan Ir 8q h qRR Baa le 6-foot Screening t 20-foot Fence Setback (No Storage I or Building t EQ TF , Public Notification 14 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer 3 h�ftMn Notification Area 5 `k/yO r� °R Opposed: 4 (53.12%) RS s SUBJECT In Favor: 0 H F f4 UDC Requirements Ir - Buffer Yards: IL to RS-6: °st ro Type D: 20' & 20 pts. " IL to RM-3: .. HyyY kcb 3s, "►, ,. wy `w3s8 Type C: 15' & 15 pts. �f Sp4pRF. Fir IL to CG-2: Type A: 10' & 5 pts. �P Setbacks: Street: 20 feet Side: 40 feet (Res.Adj.) z Rear: 40 feet (Res.Adj.) k Parking: 1:500 SF GFA(Indoor) 1 00 SF (Outdoor Lot) „y 10,0 O of r- ro,' ri ♦r„ra � t - Landscaping, Screening, and Lighting r41Standards Uses Allowed: Light Industrial, Retail, y / Offices, Vehicle Sales, Bars, and Storage se �o o� � F v hORPO RASE 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code CAPTION: Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, water trust fund, and wastewater trust fund. PURPOSE: The purpose of this item is to report to the City Council on Staff's Written Interpretations of the Unified Development Code (UDC), and Planning Commission and Staff's recommendations to amend the UDC to codify the written interpretations, and make additional amendments based on recent cases at Development Services. BACKGROUND AND FINDINGS: Section 3.23.3.13 of the Unified Development Code (UDC) states that on an annual basis, written interpretations of the UDC shall be summarized in a report to the Planning Commission, Board of Adjustment and City Council. Based on the report, City Council shall authorize such UDC text amendments as it deems appropriate, to be processed in accordance with Section 3.2 of the UDC. Staff has drafted a text amendment to the UDC to codify a written interpretation of the UDC clarifying what is considered a "Minor Plat." Staff has also drafted four additional text amendments based on recent cases and circumstances that Staff believes warrant attention. At its July 25, 2018 meeting, Planning Commission recommended approval of these text amendments. The text amendments are summarized below. • Exception from Platting Requirement for State-Owned Properties on Beaches, Bays, and Submerged Lands, administered by the Texas General Land Office. Because the Texas General Land Office (GLO) does not permit the 1 platting of state-owned lands administered by the GLO, Staff recommends an amendment adding such lands to the list of exceptions from platting requirements. • Clarifying "Minor Plats." This amendment codifies a written staff interpretation, Informal Staff Report dated June 16, 2015, from Dan Grimsbo, P.E., then-Director of Development Services, to Development Services Staff. The amendment also aligns the UDC with state law. The amendment clarifies that a "Minor Plat" refers only to the combination or consolidation of already-platted lots, and not the splitting or creation of new lots. Regarding the cap of "four or fewer lots," to qualify as a minor plat, this amendment also clarifies that it is the number of lots at the end of the consolidation process, not at the beginning, that determines whether the replat is minor. • Distance from a Bar, Tavern, or Pub, to Churches, Schools, Daycare centers and Public Hospitals. To make the UDC consistent with the Municipal Code, this amendment reduces the distance required between a bar, tavern or pub, and a place of worship or school, from 1,000 feet, to 300 feet. It uses the more general term, "public or private school" as used in the Municipal Code. It also adds "public hospital" as a category of use that must also be buffered from a bar, tavern or pub, to make the UDC consistent with the Municipal Code. Staff also recommends, as an amendment from the floor, that the text be changed from "Day Care use" to "daycare center," again, so that the UDC is consistent with the Municipal Code. • Eliminating the 5.5 percent interest payment with water and wastewater lot/acreage fee refunds. In response to a recommendation of the Audit Report of April 9, 2018 on Development Services Funding for Developer Agreements, this amendment eliminates the 5.5 percent interest payment required with all refunds of water and wastewater lot/acreage fees previously paid during the platting process, for those plat applicants who are not required to construct a water or wastewater line during the platting process, but who nevertheless pay the lot/acreage fee during the platting process, and where a water or wastewater line ultimately does not serve the property within a 10 to 20 year time frame after the plat is filed. • Smoking Lounges. Because of recent interest, this amendment creates a new zoning principal use, smoking lounges, within the Indoor Recreation Use Category. Because the expected late evening operating hours of such an establishment would have a similar impact on an area as bars, pubs, or taverns, this use would not be allowed in Neighborhood Commercial or Office districts, but rather, it would be allowed in Commercial Resort, Commercial General, Commercial Intensive, Central Business District, and Business Park zoning districts. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 2 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission 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: None RECOMMENDATION: A public hearing was held on Wednesday, July 25, 2018 and Planning Commission recommended approval. Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance 3 Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, water trust fund, and wastewater trust fund. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience,and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 3 "Development Review Procedures", Section 3.8 Subdivision Plat Review, Subsection 3.8.2 Exceptions From Platting Requirements are amended by adding the following language that is underlined (added) as delineated below: 3.8.2. Exceptions From Platting Requirements J. Land, including submerged lands, owned by the State of Texas and administered by the Texas General Land Office. SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.10. Minor, Amending or Vacating Plat Review, Subsection 3.10.1 Applicability, Subsection 3.10.1.A. Minor Plat are amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 3.10.1. Applicability Minor, amending or vacating plats may be approved by the Assistant City Manager of Development Services in accordance with this Section. A. Minor Plat 1. A minor plat is aRy replat for the combining or consolidating of any number of existing, platted lots, if the replat results in four or fewer lots fronting on an existing streets does not increase the number of lots, and does not require+ the creation of any new street or the creation or extension of municipal facilities or improvements. (Ordinance 030832, 05/02/2016) (Ordinance XXXXXX —/—/201_) 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC shall not be processed as a minor plat. (Ordinance 030832, 05/02/2016) SECTION 3. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.1 Water Trust Fund, Subsection 8.5.1.D Main Not Within One Mile of Property, and Subsection 8.5.1.D.2, is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: c. The property is not likely to be served with such water lines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Ref, Ads; ;hcrri^'I--iTTE ir!e F 504irleFest peF app-im frym the d-ratc-rthe f +moo fiRal plat �J ii. Governmental entities, water control districts, or authorities, other than the City, which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. 86IGh ref�Rall ORGlide 5.50%iRteFe t peF ar,r,,,m from the rda+e of the fill Rg of the fiRal Plat. SECTION 4. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.2. Wastewater Trust Fund, Subsection 8.5.2.G Exemptions, Subsection 8.5.2.G.1.c is amended by adding the following language that is underlined and deleting the language that is stricken (deleted) as delineated below: c. The property is not likely to be served with such wastewater lines within five years. L Any refunds shall only be made when monies are fully available in, and appropriated from the Wastewater Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. RefURGISal�Glude 5 interest nor acini im from the date of the filing of the final plat ii. Governmental entities, wastewater control districts, or authorities, other than the City which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. c,inh reefs--p i-! shell it nli ide 5.504- ipterest per aRR im from the l +e of the filiRg of the final pk-+t SECTION 5. If for any reason, 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, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. Page 2 of 3 SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 3 of 3 Report of Annual Written Interpretations of UDC and Proposed UDC Text Amendments City Council Presentation September 11 , 2018 - Annual Written Interpretation Report • UDC Section 3.23 .3. 8: annual report of written interpretations of the UDC, to the Planning Commission , BOA, and City Council • Based on the report, City Council authorizes UDC text amendments as appropriate Exception from Platting Ir • UDC 3.8.2: Land, including submerged lands, owned by the State of Texas and administered by the GLO s,fta A ft� 7 aw 4 2,• t Exception from Platting 8.8.2. Exceptions From Platting Requirements J. Land, including submerged lands, owned by the State of Texas and administered by the Texas General Land Office. 4 Minor Plats Before: Existing Platted Lots with loot numbers 1 2 3 4 5 5 7 S 16 15 14 13 12 11 10 9 i Ater. F2e lafted, Combined Lots with revised lot numbers 1R 3R 5R 7R Minor Plats 3.10.1. Applicability Minor, amending or vacating plats may be approved by the Assistant City Manager of Development Services in accordance with this Section. A. Minor Plat 1. A minor plat is any plat-pa-Epplat for the combining or consolidate ng of any number of existing, platted lots, if the replat results in four or fewer lots fronting on an existing street., does not increase the number of lots, and does not re uc i the creation of any new street or the creation or extension of municipal facilities or improvements. (Ordinance 030832, 0510212016) (Ordinance XXXXXX —/-1201_) 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC shall not be processed as a minor plat. (Ordinance 030832, 05/02/2016) Distance to Bar, Tavern or Pub 5.2.7 Bar, Tavern or Pub A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than A 300 feet from a place of worship, or elementary, middle or higil public or private school,;Ind 300 feet frnm a Day rare use daycare center, or public hospital." [remainder of Section 5.2.7 to remain] 7 Distance to Bar, Tavern or Pub Differences in Text and Buffer Distances for Alcoholic Beverage Establishments, Corn ring IDD and Municode, UDC 5.2.7 Municipal Dade -5 "bar, tavern or pub" "shah not be "No per-sorr may maintain a located any closer than ...... place of business that dispenses alcoholic beverages ... within 300 feet of an " place of 1,000 ft. `church" 300 ft. worship": elementary, 1,000 ft. ;public or 300 ft. middle, or high private school" school" "Day Care use" 300 ft. "daycare 300 ft. center" public not listed, "public 300 ft. hospital no restriction hospital" Eliminate 5.5% Interest Paid with Water & Wastewater Lot/Acreage Fee Refunds Ir • Recommended by Audit Report of 4/9/2018 on Development Services Funding for Developer Agreements — "to review UDC provisions related to refunding lot/acreage fees, paying interest and interest rate." • Interest rate from 2013 to 2017 for the trust funds has been less than 1 % Eliminate 5.5% Interest Paid with Lot/Acreage Fee Refunds: _ Water: UDC 8.5.1 .D.2.c c. The property is not likely to be served with such water fines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Reds Ad; r,#;;Il Iii Fi� r ani rnfrfr{ t e dated .f the filing of the final ii. Governmental entities, water control districts, or authorities, other than the City, which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Suph refund- shall Innlud-8 5.85% interact per annurm from tha elate of the filing of the final plat 1 C� Eliminate 5.5% Interest Paid with Lot/Acreage Fee Refunds: _ Wastewater: UDC 8.5.2.G.1 .c c. The property is not likely to be served with such wastewater lines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Wastewater Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Refsshallduda interest ear anni irn frnrn the d;;te of the filing of the final plat ii. Governmental entities, wastewater control districts, or authorities, other than the City which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Sun-h refund- shall innliirle 5 5 interact per annum frorn the rate of the filing of the final plat 11 SmokingLounges Ir SmokingLige: a business establishment that is dedicated , in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. Smoking Lounges 5.1 .4. Commercial Use Categories 5.1 .4.6. Indoor Recreation C:haracteristics:[general commercial uses,varyinq in size,providinq da 1v or reqularly scheduled recreation-oriented activities in an indoor setting. Principal 1 ot Included u itarium Associated offices Aquarium(see Bar,tavern or club Concessions Community Service) Exposition building Food preparation and Art gallery(see Indoor entertainment activities dining areas Community Service) such as billiard halls, bowling Off-street parking Athletic or health club(see alleys,pool halls,dance halls, Satellite dish antenna under Retail Sales and Service) ndoor firing ranges,movie or 3.2 feet* Library(see Community other theaters,and skating Service) Museum(see rinks Community Service) Senior Membership club or centers(see Community lodge Natatorium Service) Smoking Lounge Youth club facilities(see Sexually oriented business Community Service) 13 Smoking Lounges Table 4.5.2 Permitted Uses (Commercial Zoning Districts) P = Permitted Use L = Subject to Limitations SUE Special Use Exception cv 1� I? P = Special Permit z z z w W W 6 0 Standards [blank cell] = Not Permitted 00 0 0 0001099 Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P P P P P P P IndoorRec.reationUses[5.1,4.B] P P S P P P P P P P P Bar;tavern or pub L L L L L L L L 5,2.7 Smoking Lounge P P P P P P P P Staff Recommendation Staff recommends approval of the text amendments to the Unified Development Code. se �o o� � F v hORPO RASE 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code to remove the floodplain administration language CAPTION: Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. PURPOSE: The purpose of this item is to remove redundant language from the Unified Development Code (UDC) that is adopted by ordinances in the Code of Ordinances Chapter 14. BACKGROUND AND FINDINGS: The City has adopted minimum floodplain management language as required by Chapter 44 of the Federal Code of Register section 60.3 as the City's Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V. The language found within the Unified Development Code is redundant and some portions are conflicting with Chapter 14. To ensure language is consistent and avoid confusion the amendment removes the language from the UDC. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission 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: None RECOMMENDATION: A public hearing was held on Wednesday, July 11 , 2018 and Planning Commission recommended approval. Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 11, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, these regulations also exist in the Corpus Christi Code of Ordinances Chapter 14, Development Services, Article V, Flood Hazard Prevention Code; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1 "General Provisions", section 1.11 "Definitions" subsections 1.11.2 "Abbreviations" and 1.11.3 "Defined Term" are amended by adding the following language that is underlined (added) and deleting the language that is stricken (meted) as delineated below: 1.11.2. Abbreviations Abbreviation Term GG9 A4 Flood ErnergenGy Management AgenGy 1.11.3. Defined Terms ^ /+y an-n~el ry Of Challn-IM Flooding-; A de�TFted AQ, ti , er VC) Ze Re—� tleGity's eed r4s­raAr_e rate map (FIRM) with a 0 ho o May fl 9W nih oro ir�r�rorlin4�hlo �r�lJ �iolGni4�i l,�ni May �ii rJ ori4 ' 0 FIRM , A! 99, yin V! 30, vG „rV Ve ni+„ TStAGI IMIS GF GmeiGMiG6G61FGeS. Existing MansifvvtilrAd HnmpD2rk Or S,,hdmvTaman / t m�I raAl lfaEA{lred h^mo park er Of yt,,S r GG'�iey'ted b he ro t' effeGt1Ve--date of the flr'edplaiN rnaRagomoN4 plan may be reforro`•!4^ ovic4iRg 64N in4i iroc ,•doliNea nate-! h^4h the areas ^f Cr,oni;l fleed- ha;-•arrdC beth the areas ef spL-Qr--E;-;l fle-c9d -;;Ad- the Fisk pre....' appliGable 49the GG-Fn Fn lRi4„ fr^m ']N„C^i irn^ (Coo ,d^fiNi4iIYN ^f FlGerdmRg) prev for the p6irpese nr+N c4ri in4ir�N N^v4 49 4h^ r,r^nese d ,.4-ally r,f •; Cori in4i ire 6ewA6t Fmiar- ThLQ 644e6f fievr Af the lewe6f epGG06ed aFea, ORG1U•dtRRg--aba6emeRtj pFev I Subdivision, of streets, and either fiRal site gradmRg er the P961FORg 9 f GGRGrete pads) 06 GGR;pItQttQd AR A Page 2 of 6 Mean Sea Level, For p6irpeses of the National Flood IR66IFaRGe Program, t on the Gity's floor•! incl Fa RGe Fate maps are referennel•! PFimaFy IFFental Dune. A GGRtOR619616 9F nearly GGRtOR619616 M96IRd 9F Fidge of sand with Felatively steep seaward and landward Nepes immedinately landward and adjaGeRt to the beaGh storms. The inland limit of the primary frontal dHRe OGGHO at the Point where there 06 a dictinnt rhaRge from a relatively steep slope to a relatively mild slope Substandall Damage, Damage of any origin s6istaiRed -by a StFHGtHre whereby 0 marl al,ie of the Q in4i ire before the darnago GG irrei-1 mcmcet�/zrtcrc-ar acres ccsn�cscr��r�crn�rarrrc�c�ccarrca. of a StFHct6ire,ttte GGSvtofof `ter-egHalsx eXGeeds 50.04 of the—marrket `�uTu�9f t�}e StFHGtHre before start of GGR6tF61GtiGR of the improvement. This ORG16ides StF61G have MGM& SHWARbal damage, regardless of the aGt6ial repair work peFfqFm does not in hGweyer rli irde either r 1 y rrejeGt for v^vement of a GtKNEt{lreto EAir-"reGt existing violations rrr - ildoef ntitf- erleGal health, San�ter�,-orrSafe�` Goro spenifiGatiGRG Whinh have been ie rl by the IGG l lode-eRfrcrEemeRt offiWal and Whiiehare-the riniFF161M ReGessair-y _. Any--aakima-hen ori--o -can hiGteriiG 6tF61ct61reof the alteration Will not pFeG'dethe strHAHrel ron4ini lord designation as an hictnrin stn irti ire SECTION 2. UDC Article 2 "General", is amended by repealing section 2.11 "Floodplain Administrator" in its entirety. SECTION 3. UDC Article 2 "General", Section 2.12 "Summary of Review Authority," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. § 2.12. Summary of Review Authority The following table summarizes the powers and duties established in this Article. • � v ❑ c o °' c o U D O U Q O v >= L != L Ill L a N a O N 01 N 7 N y to O O E O N V C N R•V E E ; •C E U Procedure m oa min JU mm m � aU U Building Official Action Page 3 of 6 Building Permit D 3.18 Certificate of Occupancy D Sign Permit for Construction Only D 3.20 Temporary Use Permit D 3.21 Assistant Directorfor Planning Annually Renewable Sign Permit I D Assistant City Manager of Development Services Action Beachfront Construction D*/R 3.14 Certificate Site Plan D 3.17 Written Interpretation D 3.23 Administrative Adjustment D 3.24 Landmark Commission Action Certificate of Appropriateness R D 3.15 Certificate of Appropriateness for R D/P 3.16 Demolition Building Gode Board n Adjustment An-fim on Board of Adjustment Action Special Use Exception D/P 3.12 Variance R D/P 3.25 Appeal of Administrative Decision D/P 3.27 Planning Commission Action Preliminary Plat D 3.8 Final Plat D 3.8 Replat Without Vacation D 3.11 Dune Protection Permit* R D 3.13 Beachfront Construction D D 3.14 Certificate— City Council Action Unified Development Code Text R R/P D/P 3.2 Amendment Zoning Map Amendment RR/P D/P R/P 3.3 (Rezoning) *H Historic Overlay District or R R/P R/P D/P 3.4 Landmark Designation Planned Unit Development R/P D/P 3.5 Special Permit R/P D/P 3.6 R= Review or Recommendation D= Decision P= Public Hearing Required D*= Provided standards in 3.14.3 are met *=Planning Commission acts as Beach/Dune Committee for Kleberg County beach areas * H For property with a current or proposed Historic Overlay zoning district or Landmark designation Note: Nueces County has authority to approve Dune Permits in Nueces County. Corpus Christi has the authority to approve Dune Permits in Kleberg County. SECTION 4. UDC Article 3 "Development Review Procedures", is amended by repealing section 3.22 "Floodplain Permit" and section 3.26 "Floodplain Variance" in its entirety. SECTION 5. UDC Article 7 "General Development Standards", is amended by repealing section 7.8 "Floodplain Hazard Reduction" in its entirety. Page 4 of 6 SECTION 6. Corpus Christi Code of Ordinance, Chapter 14, Article V. FLOOD HAZARD PREVENTION CODE as adopted by Ordinance No. 25467 is readopted in its entirety. SECTION 7. If for any reason, 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, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 10. Effective date. This ordinance takes effect on upon publication. Page 5 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 6 of 6 UDC Text Amendment City Council Presentation September 11 , 2018 Cross Reference Unified Development Code Amendments to sections: UDC Code of Ordinances Summary 1.11.2 "Abbreviations"and 14-521 Three (3) abbreviations 18 1.11.3 "Definitions" definitions exclusive to floodplain management 2.11 "Floodplain 14-541, 14-542 Designation and Administrator" responsibilities of the Floodplain Administrator 2.12 "Summary of Review 14-541, 14-542 Review authority for Authority" floodplain permits and variances Cross Reference Unified Development Code Amendments to sections: UDC Code of Ordinances Summary 3.22"Floodplain Permit" 14-543 Floodplain permitting process and requirements 3.26"Floodplain Variance" 14-544 Floodplain variance procedures requirements 7.8"Floodplain Hazard 14-551, 14-552, 14-553, Construction standards for Reduction" 14-554, 14-555, 14-556 Special Flood Hazard Areas UDC Text Amendment • Remove redundant Flood Hazard Prevention Code language from the UDC. • These regulations are referenced in City Code of Ordinances Chapter 14, Article V. • Eliminates conflicting language between the UDC Chapter 14 language to comply with FEMA regulations. Recommendations • Approval ,�vs ct v /' p PPp RM1T Ea 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Adopting the Preliminary Flood Insurance Rate Maps CAPTION: Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty. PURPOSE: The purpose of this item is to revise the adopted Flood Hazard Prevention Code to adopt the Preliminary Flood Insurance Rate Maps. BACKGROUND AND FINDINGS: The City has adopted Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V which was last revised by Ordinance 25647 on September 9, 2003. The proposed ordinance provides for language to adopt the Preliminary Flood Insurance Rate Maps. Preliminary Flood Insurance Rate Maps Preliminary Flood Insurance Rate Maps that are within the City of Corpus Christi's jurisdictional bounds have been finalized by FEMA and are closed for any further appeals. As such, the City can choose to adopt these for construction purposes as all the appeals process for the County is being completed. Adopting the Preliminary Flood Insurance Rate Maps for construction purposes does not make them final and effective and will not change any insurance requirements. However, when adopting the preliminary FIRMs for construction purposes the more stringent regulation prevails for construction permitting purposes. This will benefit applicants because new construction projects resulting in non- conformance would be subject to significantly higher flood insurance rates.City Council requested that staff move forward with preliminary FIRM adoption and conduct higher standards outreach on May 22, 2018. Outreach Outreach for preliminary FIRM adoption has been conducted in the past two months with the following boards/groups: • Costal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Oso Parkway Community • Building Code Board of Appeals • Planning Commission Feedback was favorable for adoption of the preliminary FIRMs. ALTERNATIVES: Denial or alteration of proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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): Comments: None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty WHEREAS, the City of Corpus Christi received Preliminary Flood Insurance Rate Maps on October 23, 2015. WHEREAS, The City submitted on appeal along the Oso Creek area in 2016. WHEREAS, the appeal findings are final, and the City was issued Revised Preliminary Flood Insurance Maps on May 30, 2018. WHEREAS, The City can adopt the Preliminary Flood Insurance Rate Maps for construction purposes. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V "Flood Hazard Prevention Code," Section 14-532 "Basis for establishing the areas of special flood hazard" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report6 entitled, The Flood Insurance Study for Corpus Christi, dated September 17, 1992,The Flood Insurance Study for Nueces County Unincorporated Areas, dated May 4, 1992, and the Preliminary Flood Insurance Study for Corpus Christi, dated October 23, 2015, with accompanying flood insurance rate maps dated September , 1992 July 18, 1985 for the City of Corpus Christi, March 18, 1985 for Nueces County Unincorporated, and preliminary flood insurance rate maps dated October 23, 2015 and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this code. Base flood elevation construction requirements are determined by utilizing the most stringent requirement in either the effective or the preliminary Flood Insurance Study or flood insurance rate maps. Section 2. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. Section 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 14-207 and Section 1-6 of the Corpus Christi Code of Ordinances. Section 4. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been acted by the City without the Page 1 incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Effective date. This ordinance takes effect on upon publication. 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 Floodplain Management Code of Ordinances Amendment City Council Presentation September 11 , 2018 Preliminary Flood Insurance Rate Map Adoption Preliminary Map Adoption • Municipalities have the option of adopting the preliminary FIRMs for construction purposes. • Adopting the preliminary FIRMs for construction purposes protects the homeowner from paying higher flood insurance premiums once the final FIRMs are adopted and effective. • Currently, the preliminary FIRMs are used as best available data as an advisory, but since they are not adopted we cannot enforce compliance at building permit and construction. Outreach • Coastal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Building Code Board of Appeals • Planning Commission • Oso Creek Appeal Area Feedback was favorable for adoption of the Preliminary Flood Insurance Rate Maps. se GO O Va. U AGENDA MEMORANDUM 111 Reading Ordinance for City Council Meeting of September 11, 2018 NORROPPE2d Reading Ordinance for City Council Meeting of September 18, 2018 1852 DATE: August 15, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Interim Assistant City Manager FROM: Robert Rocha, Fire Chief rrochaCa)-cctexas.com 361-826-3932 Ordinance accepting a grant from Coastal Bend Regional Advisory Council in the Amount of$15,000 to support the Web Based Emergency Operations Center CAPTION: Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. PURPOSE: The Grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (CBRAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. The Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTALCLEARANCES: Legal Finance — Grants and Office of Management and Budget. 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 $15,000 $15,000 BALANCE $15,000 Fund(s): Comments: None. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC. 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 se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 22, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Appropriation of Increased Revenue at the City's Warehouse CAPTION: Ordinance appropriating estimated increased revenues of $750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. PURPOSE: The City's Warehouse has shown increased sales this fiscal year. In order to be able to purchase increased merchandise to sell through the remainder of the fiscal year, the projected increase in revenue is being appropriated to cover the projected increase in expenses. BACKGROUND AND FINDINGS: The Warehouse Division of the Stores Fund in Financial Services has shown increased sales in Fiscal Year (FY) 2017-2018. It is projected that both revenues and expenses will exceed the amounts budgeted for FY 2017-2018. Even though these increases do not adversely affect the fund balance in the Stores Fund, this amendment is needed to stay in compliance with accounting standards. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Financial Services Department • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Year Future FISCAL YEAR: (CIP Only) FY 2017-18 Years TOTALS Budget - $ 2,800,000 - $ 2,800,000 Encumbered/Expended amount of(date) - - -This item - $ 750,000 - $ 750,000 BALANCE - $ 3,550,000 - $ 3,550,000 FUND(S): No.5010 Stores Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. BE ITORDAINED BYTHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Estimated increased revenues in the amount of$750,000 are appropriated in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold. SECTION 2. Ordinance No. 031255, which adopted the FY 2017-2018 Operating Budget, is amended by increasing estimated revenues and expenditures by $750,000 each. 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 Everett Roy Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED this the day of 2018 ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 NgHPO PP`E 1852 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 21, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) CAPTION: Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado- Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of $164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). PURPOSE: This project will construct a new HAWK traffic signal at Ocean Drive and Del Mar Boulevard. BACKGROUND AND FINDINGS: Special events at Cole Park attract high volumes of pedestrian traffic that need to cross Ocean Drive. The existing crossing at Del Mar Boulevard is equipped with standard warning flashers and crosswalk. The HAWK system is designed to provide safe pedestrian crossing with controlled roadway traffic signal when activated by pedestrians. The HAWK signal construction includes foundations, signal poles, mast arms, signal heads/beacons, pedestrian pole and heads with audio/visual features, conduits, conductors, controller cabinet, electrical service, etc. Project No.:18120A 1 MA/VP Legistar No.:18-1061 Rev. 1—08/21/18 The City applied for MPO's 2017 Transportation Alternatives Program (TAP) grant for the HAWK system to improve pedestrian safety crossing Ocean Drive. City Council approved the Advance Funding Agreement (AFA) in August 2017 for the TAP grant, which provides 80/20 construction cost sharing. The City match is programmed in the Ocean Drive Project from Buford Street to Louisiana Avenue (Bond 2012, Prop 1). BASE BID: This project includes the procurement and construction of a HAWK traffic signal at Ocean Drive and Del Mar Boulevard. On July 25, 2018, the City received proposals from three (3) bidders. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID Maldonado— Burkett Intelligent Transportation Systems (MBITS) $164,353.81 Corpus Christi, Texas Siemens Industries Houston, Texas $167,795.00 Austin Traffic Signal (non-responsive) Pflu erville, Texas $204,864.30 Engineer's Opinion of Probable Cost $168,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols was selected for this project under RFQ 2012-03 as part of the Ocean Drive Project from Buford Street to Louisiana Avenue. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations Department Project No.:18120A 2 MANP Legistar No.:18-1061 Rev.1—08/21/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 244,983.00 244,983.00 Encumbered / 37,453.00 37,453.00 Expended Amount This item 164,353.81 164,353.81 Future Anticipated Expenditures This 43,176.19 43,176.19 Project BALANCE 0.00 0.00 Fund(s): Street CIP RECOMMENDATION: Staff and Freese and Nichols, Inc. recommend awarding the construction contract to Maldonado — Burkett Intelligent Transportation Systems. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Executed AFA Project No.:18120A 3 MANP Legistar No.:18-1061 Rev.1—08/21/18 ORDINANCE APPROPRIATING INTO STREET CIP FUND 3530; CHANGING CAPITAL IMPROVEMENT PROGRAM BUDGET BY $131,483.04 AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $164,353.81 FOR CONSTRUCTION OF A HAWK TRAFFIC SIGNAL AT OCEAN DRIVE AND DEL MAR BOULEVARD. (BOND 2012, PROPOSITION 1) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $131 ,483.04 of anticipated revenue from Texas Department of Transportation is appropriated into Fund 3530 for the Ocean Drive and Del Mar Boulevard Hawk Traffic Signal. SECTION 2. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $131,483.04 of anticipated revenue from the Texas Department of Transportation for the Ocean Drive and Del Mar Boulevard Hawk Traffic Signal project. (Street Bond 2012, Proposition 1) SECTION 3. Revenues and expenditures in the amount of $131,483.04 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 4. The City Manager or designee is authorized to execute a construction contract with Maldonado-Burkett intelligent Transportation Systems (MBITS), Inc. for the construction of a Hawk Traffic Signal in the amount of $164,353.81 at Ocean Drive and Del Mar Boulevard. 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 PROJECT BUDGET ESTIMATE High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard Bond 2012, Proposition 1 PROJECT FUNDS AVAILABLE: StreetCIP............................................................................................................. 244,983 TOTAL 244,983 FUNDS REQUIRED: Construction and Contingency Fees:........................................................................... 180,789 Construction (Maldonado-Burkett Intelligent Transportation Systems)......... 164,354 Contingency (10%)........................................................................... 16,435 Construction Inspection and Testing Fees:............................................................... 14,030 Construction Inspection (estimate)....................................................... 8,300 Construction Materials Testing (Tolunay-Wong Engineers)....................... 5,730 DesignFees:.................................................................................................... 37,453 Engineering (Freese and Nichols)........................................................ 37,453 Reimbursements:.................................................................................................... 12,711 Contract Admin. (Engineering/Finance/Capital Budget)............................ 4,711 Engineering Services (Project Mgt/ Constr Mgt)..................................... 7,000 Misc. (Printing, Advertising, etc.)......................................................... 1,000 TOTAL 244,983 ESTIMATED PROJECT BUDGET BALANCE - QO � rD �PROJECT LOCATIO N N SCALE: N.T.S. 286 GpN O o o z0 ����, �F�,� CORPUS CHRISTI Q� s� M�gRo< co��/yq F R SA O TEXAS A&M UNIVERSITY ON yo<<Y CORPUS CHRI 358 ZZ C o ooq ��z F ADNISS �(19 OSO BAY Qv O 69 000 Z w �� O �'LOCATIOMAP - J NOTAL� P//frojeo Number: 1"20A HAWK TRAFFIC SIGNALS - OCEAN DRIVE AND CITY COUNCIL EXHIBIT DEL MAR BOULEVARD (BOND 2012) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard (Bond 2012) Council Presentation September 11, 2018 Project Location Corpus Chr sti Engineering oOw,y las HAWK TRAFFIC SIGNALS-OCEAN DRIVE AND Moa° o DEL MAR BOULEVARD(BOND 2012) CORPUS CHRISTI BAY N �,r e9 ti SCALE:N.T.S. 0 m 3 ti PROJECT LOCATION F ° 0 yy s.0 o TEXAS A&M UNIVERSITY OA yO�CH CORPUS CHRISTI Oy �4 358 ZZ cAeANISS i OSC BAY a coRPUS CHRISTI FIELD <u Q NAVAL AIR STATION Q ° y 4 m° FLOUR BLUFF �o 1 358' 286 ? J� p� o o r°Rkrow GQ N 2 Project Vicinity Corpus Chr sti Engineering HAWK TRAFFIC SIGNALS-OCEAN DRIVE AND DEL MAR BOULEVARD BOND 2012 N gip- J SCALE: N.T.S. PROJECT LOCATION y, Go\eS�tee� Oen\e�a`a ��Pd far � 5t�ee't P \es Na e� Pti\a°tip Project Scope 'q") Corpus Chr sti Engineering Provides for a new HAWK traffic signal at Ocean Drive and Del Mar Boulevard to: ✓ Enhance pedestrian safety ✓ Facilitate access from the neighborhood to the park for citizens living in the contiguous areas. ✓ Construction includes foundations, signal poles, mast arms, signal heads/beacons, pedestrian pole and heads with audio/visual features, conduits, conductors, controller cabinet, electrical service, etc. ➢ This is a joint MPO/City project with 80/20% respective construction cost sharing. 0* Project Schedule w Corpus Ch,sti Engineering Jul Aug Sep Oct Nov Dec Jan Feb Mar Bid/Award Construction* Projected Schedule reflects City Council award in October 2018 with anticipated completion in December 2018. * Allows equipment procurement and delivery with 30 day installation. FREESEInnovative approaches Practical results rMAICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com August 6, 2018 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: HAWK Traffic Signal—Ocean Drive and Del Mar Boulevard (Bond 2012) City Project No. 18120A TxDOT CSJ:0916-35-207 Mr. Edmonds: The City of Corpus Christi received three (3) sealed bid proposals for the above referenced project on July 25, 2018 at 2:00 p.m. This project includes the construction of a new High-intensity Activated crossWalK(HAWK)traffic signal at Ocean Drive and Del Mar Boulevard. The HAWK signal is a pedestrian-activated traffic control device that will assist pedestrians crossing Ocean Drive to/from Cole Park. The project has been coordinated with the bond improvements recently completed on Ocean Drive. The proposed HAWK signal construction will include foundations,signal poles, mast arms, signal heads, pedestrian pole, pedestrian heads,conduits,conductors,controller cabinet and electrical service. This project is partially funded through a Transportation Alternatives Program (TAP)grant with the Texas Department of Transportation (TxDOT). There are no additive alternates included in the project. Two of the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. The bid proposal submitted by Austin Traffic Signal Construction Company did not include a signed Bid Acknowledgement Form and was deemed a non-responsive bid. This outcome does not change the order of bids. We have received and reviewed the Statement of Experience of the two (2) lowest bidders and have found them to be satisfactory. The bid breakdown for the three bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid Maldonado-Burkett, LLP $164,353.81 Siemens Mobility, Inc. $167,795.00 Austin Traffic Signal Construction Co., Inc. $204,864.30* *Bid deemed Non-Responsive Maldonado-Burkett, LLP is the apparent low bidder for the project. Maldonado-Burkett, LLP has prior experience in both City and TxDOT traffic signal improvement projects and is a local DBE/HUB certified firm that specializes in electrical, ITS, illumination,signal maintenance,and construction. August 6,2018 Page Zof2 Therefore, FNI recommends that the City award the construction contract for HAWK Traffic Signal— Ocean Drive and Del Mar Boulevard (Bond 2012) (City Project No. 18120A)to Maldonado-Burkett, LLP of Corpus Christi,Texas inthe amount of$184,353.81for the Base Bid. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NUCHOLS, |NC' Nick Cecaxa, P.E,CFM Attachments: Tabulation of Bids CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 0916-35-207 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO-Selected On-System This Local Project Advance Funding Agreement("LPAFA")is made between the State of Texas("State"),acting through the Texas Department of Transportation,and City of Corpus Christi("Local Government"),acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization("MPO")a nomination form for consideration under the Transportation Alternatives Program ("TAP")for the project,which is briefly described as High-Intensity Activated crosswalk traffic signal ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law,23 USC§134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex.Transp.Code§§201.103 and 222.052 establish that State shall design, construct,and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission")passed Minute Order Number 114491("MO")dated February 25, 2016 awarding funding for projects in the 2017 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC§213,and 43 Tex.Admin.Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution dated 2� which is attached to and made a part of this Agreement as Attachment A. Therefore,State and Local Government agree as follows: AFA-LPAFA_TAP Paee 1 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement.The period of this LPAFA is as stated in the Master Agreement,without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement("FPAA")for that phase of work. Local Government may not begin work until issued the State Letter of Authority("SLOA")for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice;or C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement.Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations,State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed,Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below.If Project is eliminated for any of these reasons,this Agreement will be appropriately terminated.A project may be eliminated from the program,and this Agreement terminated,if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex.Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. C. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. AFA-LPAFA_TAP Page 2 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly,as scheduled by State. 2.5. State,at its sole discretion,may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement,without exception. 4. Scope of Work,Use of Project,and Project Location 4.1. The scope of work for Project(located as shown in Attachment B, Project Location Map)consists of: The installation of a HAWK(High-Intensity Activated crossWalK)traffic signal at the intersection of Ocean Drive and Del Mar Boulevard. The proposed HAWK signal construction will include, but not limited to: foundations,signal poles, mast arms,signal heads, pedestrian pole, pedestrian heads,conduits, conductors,controller cabinet, electrical service,etc. . 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FH WA,State, MPO, or the Commission.Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. S. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement,Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 USC§4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government,and benefits applicable to the relocation of any displaced person as defined in 49 CFR§24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1)State,if the real property is to be made part of the State Highway System,and(2) Local Government,otherwise.The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. AFA-LPAFA_TAP Paee 3 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 5.4. Local Government shall prepare real property maps, property descriptions,and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property.Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined,signed by the appropriate Local Government representative.The tabulations must list the parcel numbers,ownership,acreage,and recommended compensation.The tabulation must be accompanied by an explanation to support the estimated values,together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values.State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State-selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel,or the net cost thereof,whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project.State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title,a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement.The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex.Admin. Code§ 11.317.The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion.The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion,and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24,and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1)continued use of the property for approved activities,and(2)the repayment of the Federal funds,as appropriate.Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. AFA-LPAFA_TAP Page 4 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development Upon Project completion,State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids,Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment,removal,or relocation of utility facilities in accordance with applicable State laws,regulations, rules, policies,and procedures,including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted,removed,or relocated before the scheduled beginning of construction.Unless specified in (1)the nomination form approved by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide,at State's request,a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins.Additional utility work may be required due to unknown conditions discovered during construction.These costs may be eligible for TAP participation if: (1)the activity is required to complete Project; (2)the cost is incidental to Project;and(3)TAP funding is available.Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966,which require environmental clearance of federal-aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation.These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids,Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services,the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services;and with Tex.Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State-selected projects,architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects,the U.S.Secretary of the Interior's Standards for Historic Preservation AFA-LPAFA_TAP Paee 5 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development Projects,Standards and Guidelines for Archeology and Historic Preservation,the National Register Bulletin Number 36:Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer,as applicable.The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways,Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets"and"Guide for the Development of Bicycle Facilities,"as applicable.All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways,Streets and Bridges.The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government,Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State,then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes.State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals,receive and tabulate the bids, and award and administer the contract for construction of Project.Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements,amendments,or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract,whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project,the party constructing Project will issue and sign a"Notification of Completion"acknowledging Project's construction completion. 9.5. For federally funded contracts,the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635,and shall include the latest version of Form"FHWA- 1273"in the contract bidding documents. If force account work will be performed,a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.8. 9.6. Any field changes,supplemental agreements,or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for construction will notify the other party to this Agreement of the anticipated completion date.All parties AFA-LPAFA_TAP Page 6 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use.The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules,whichever is greater.Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses,consistent with Project's original intent.State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements.Should Local Government consider conveying the property,State and FHWA must be notified prior to the sale,transfer,or disposal of any property that received federal funds.Written concurrence of approval for the transaction,detailing any required recapture, must be obtained from FHWA prior to the transaction.Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount,considering the original percentage of federal funds provided and the time elapsed from Project completion date.This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property,as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government.State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project,a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance.A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project,the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C,showing the total estimated development cost of Project.This estimate shows the itemized cost of real property,utilities, environmental assessments,construction,and other construction related costs.To be eligible for reimbursement or as in-kind contribution,costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State.State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period.After federal funds have been obligated,State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. AFA-LPAFA_TAP Paee 7 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State.The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project.State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources,as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project.This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement ("FPAA"),or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project,in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement,but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review.At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project,State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the"Texas Department of Transportation."The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project,State will perform an audit of Project costs.Any funds due to Local Government,State,or the Federal Government will be promptly paid by the owing party. If after final Project accounting,any excess funds remain,those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. AFA-LPAFA_TAP Page 8 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 11.10. In the event Project is not completed,State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances,commissioners court orders,rules, policies,or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements,are more restrictive than state or federal regulations,or if any other locally proposed changes,including but not limited to plats or re-plats, result in increased costs,then any increased costs associated with the ordinances or changes will be paid by Local Government.The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations,including, but not limited to,expenses related to relocation, removal,and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred,and if federal funding is reduced as a result,State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County("EDC")and if State has approved adjustments to the standard financing arrangement,this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes,specifications,contract provision requirements,and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate,including types of activities and month in which the activity will be completed,in the format required by State.This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider.At the request of State,Local Government shall submit any information required by State in the format directed by State. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 14. Compliance with Laws AFA-LPAFA_TAP Page 9 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development The parties shall comply with all federal,state,and local laws,statutes,ordinances, rules and regulations,and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA.When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise("DBE")Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality,State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market,project size,and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity,and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments pdf. 15.5. Local Government shall not discriminate on the basis of race,color, national origin,or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. State's DBE program,as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program,State may impose sanctions as provided for under 49 CFR Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986(31 USC§3801 et seq.). 15.6. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: The contractor,sub-recipient or sub-contractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 16. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred,suspended,or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549,and further certifies that it will not do business with any party,to include principals,that is currently debarred,suspended,or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549.The parties to this Agreement AFA-LPAFA_TAP Page 10 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development shall require any party to a contract,subcontract,or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and,when requested by State,to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief,that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. 17.2. 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 federal contracts,grants, loans,or cooperative agreements,the signatory for Local Government shall complete and submit the federal Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and all sub-recipients shall certify and disclose accordingly.Submission of this certification is a prerequisite imposed by 31 USC§ 1352 for making or entering into this transaction.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained,all work on State right of way shall cease immediately,and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee"should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act("FFATA")and implementing regulations at 2 CFR Part 170,including Appendix A. This agreement is subject to the following award terms: http://www.gpo.Rov/fdsys/r)kg/FR-2010-09-14/pdfl2OlO-22705.pdf and http://www.gDO.goy/fdsys/pkg/FR-2010-09-14/pdf/2010-22706 pdf. AFA-LPAFA_TAP Paee 11 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management("SAM")number(Federal Acquisition Regulation("FAR")Subpart 4.11)if this award provides more than$25,000 in Federal funding.The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ b. Obtain and provide to State a Data Universal Numbering System ("DUNS") number,a unique nine-character number that allows the federal government to track the distribution of federal money.The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun&Bradstreet on-line registration website http://fedgov.dnb.com/webform;and C. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government,and those revenues are greater than$25,000,000;and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. 20.2. If threshold expenditures of$750,000 or more are met during the fiscal year,the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Compliance Division, 125 East 11th Street,Austin,TX 78701 or contact TxDOT's Compliance Division at sineleauditsPtxdot.gov. If expenditures are less than the threshold during Local Government's fiscal year,Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY 20.3. For each year Project remains open for federal funding expenditures,Local Government will be responsible for filing a report or statement as described above.The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. Compliance with Regulations:The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT),the Federal Highway Administration (FHWA),as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination:The Local Government,with regard to the work performed by it during the contract, will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurement of materials and leases of equipment.The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, AFA-LPAFA_TAP PaEe 12 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 21.3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract,including procurement of materials or leases of equipment,each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color,or national origin. 21.4. Information and Reports:The Local Government will provide all information and reports required by the Acts,the Regulations,and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information,and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions.Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information,the Local Government will so certify to the State or the FHWA,as appropriate,and will set forth what efforts it has made to obtain the information. 21.5. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract,the State will impose such contract sanctions as it or the FHWA may determine to be appropriate,including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling,terminating,or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions:The Local Government will include the provisions of paragraphs 21.1 through 21.6 in every subcontract,including procurement of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The Local Government will take action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if Local Government becomes involved in,or is threatened with, litigation with a subcontractor,or supplier because of such direction,the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition,the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non-Discrimination Authorities During the performance of this contract,the Performing Agency,for itself,its assignees,and successors in interest agree to comply with the following nondiscrimination statutes and authorities;including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21. AFA-LPAFA_TAP Page 13 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 22.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). 22.3. Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),as amended,(prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.)as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975,as amended, (49 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C.Chapter 471,Section 47123),as amended, (prohibits discrimination based on race,creed,color,national origin,or sex). 22.7. The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,subrecipients and contractors,whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act,which prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute(49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex). 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP).To ensure compliance with Title VI,the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs(70 Fed. Reg.at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972,as amended,which prohibits the parties from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq.). AFA-LPAFA_TAP PaEe 14 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated opposite that party's signature. City of Co pus Christi Approved as to form: IX 2 .07 11:39:11:39:1 7-05'00' Date: � By: Assistant City Attorney V I ie H.Gray,\U. Executive Director P blic Works -ATTEST. REBECCA HU ERTA THE STATE OF TEXAS CITY SECRETARY Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation U MULL- SECQETA� AFA-LPAFA_TAP Page 15 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 644:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA-LPAFA_TAP Page 1 of 1 Attachment A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR A HIGH-INTENSITY ACTIVATED CROSS WALK (HAWK) TRAFFIC SIGNAL, AT THE INTERSECTION ON OCEAN DRIVE AND DEL MAR BOULEVARD WITH THE CITY'S REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $11,800 FOR REIMBURSEMENT OF DIRECT STATE COSTS. THIS IS RELATED TO THE OCEAN DRIVE FROM BUFORD TO LOUISIANA PROJECT (BOND 2012, PROPOSITION 1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for a High-Intensity Activated CrossWalk (HAWK) traffic signal at the intersection on Ocean Drive and Del Mar Boulevard with the Texas Department of Transportation (TXDOT) with the City's required payment to TXDOT in the amount of $11,800 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI =, Rebecca Huerta Joe Comb City Secretary Ma o Corpus Christi, Texas �I� n _of C�L�2017 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 031224 INDEXED CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP EE - I M I N s -lE T -E 1-L FL ,; w w HI TI TAP GRANT APPLICATION OCEAN DR.HAWK SIGNAL AT DEL taus BLVD. 0 asa„ HIT sx , h U/ RCORPUS CHRMSn -- — / W-Tmwunoh-L APPOWT .r T "w ZjQs �x SUBJECT: TAP GRANT APPLICATION OCEAN DR.HAWK SIGNAL Traffic Enowa k Office ..r..r Strad Ope atom Dmswn AFA-LPAFA_TAP Paee 1 of 1 Attachment B CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant / LG Lets Project to Construction Work Performed by Local Government ("LG") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% 50 0% $0 0% $0 Construction $168,520.00 80% $134,816.00 0% $0 20% $33,704.00 In-kind donation Value (Add to Total Project Cost - 20% Maximum value) $0 0% $0 0% $0 0% $0 Work by LG Subtotal $168,520.00 $134,816.00 $0 $33,704.00 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSI: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Preliminary Engineering) $2,832.00 0% $0 0% $0 100% $2832.00 Environmental Cost' $1,416.00 0% $0 0% $0 100% $1416.00 Right of Way' $1,416.00 0% $0 0% $0 100% $1416.00 Utilities' $1,416.00 0% $0 0% $0 100% $1416.0 Construction2 $4,720.00 0% $0 0% $0 100% $4720.00 Direct State Costs Subtotal $11,800.00 0% $0 0% $0 100% $11,800.00 Indirect State Costs $8,881.00 $0 $8,881.00 $0 TOTAL PARTICIPATION $189,201.00 $134,816.00 $8,881.00 $45,504.00 In-kind Contribution Credit Applied TOTAL REMAINING PARTICIPATION AFTER IN-KIND CONTRIBUTION 0% $0 The estimated total participation by Local Government is $45,504, plus 100% of overruns. Total estimated payment by Local Government to State is $11,800.00. 1Local Government's first payment of $7,080 is due to State within 30 days from execution of this contract. 2 Local Government's second payment of $4,720 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State; Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20% or greater, unless In -Kind, EDC adjustments or TDCs are applied. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are $134,816. AFA-LPAFA_TAP Page 2 of 2 Attachment C se GO O Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 Nc1852Ev Second Reading for the City Council Meeting of September 18, 2018 DATE: August 21, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a-)-cctexas.com (361) 826-3464 Frontera Historical & Cultural Events sponsored by the Corpus Christi Convention & Visitor's Bureau CAPTION: Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018 PURPOSE: To approve date, location, and consideration for the 2018 Frontera Historical & Cultural Events and related activities October 29 - November 4, 2018. BACKGROUND AND FINDINGS: Corpus Christi's rich and diverse history steps out into the spotlight with Frontera - an immersive experience that celebrates the people, places and events that make the Coastal Bend a historical and cultural cornerstone. Beginning November 2, 2018, the City of Corpus Christi Parks and Recreation Department, the Corpus Christi Convention and Visitors Bureau, the Corpus Christi Museum of Science and History, the Corpus Christi Downtown Management District, the Friends of Old Bayview Cemetery and the Corpus Christi Library system present a robust and introspective look into the well-known (and not-so-well known) stories that built its history. Event programming includes a Historic Old Town Square in Heritage Park, historical re- enactments at Old Bayview Cemetery, Coastal Bend Booknotes, Downtown Doc McGregor History Walk, Bay tour highlighting the Port of Corpus Christi and Seawall history, theatrical performances (with a modern twist) in La Retama Park, reopening the La Retama Park tunnels and special pricing at the Corpus Christi Museum of Science and History. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: For the purposes of this lease agreement, Frontera requests exclusive use of La Retama Park for the rehearsal and presentation of theatrical performances from October 29 - November 4, 2018. The park will be fenced, and Frontera organizers will have tickets available for purchase for each performance. RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park located at Schatzel and Mesquite Streets bounded by Peoples Street and N. Lower Broadway, for the Frontera event and related activities on November 2 — November 4, 2018. 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 1 LEASE AGREEMENT FOR FRONTERA State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas homerule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas nonprofit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City means the City of Corpus Christi, a Texas homerule municipality. B. City Attorney means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event means the Frontera events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief means the Chief of the City of Corpus Christi's Police Department, or designee. 2 N. Premises means La Retama Park, the boundaries of which are between Schatzell Street and Peoples Street, Mesquite Street and Lower Broadway Street as depicted on Exhibit C. 0. Risk Manager means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the La Retama Park to conduct its Event. CCCVB agrees to contact surrounding property owners within a two block radius to coordinate any traffic plans around the Event location and to address exclusive use of La Retama Park. 4. PREMISES REVISIONS. Construction along the downtown area or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. 8. CCCVB'S FINANCIAL OBLIGATIONS. 10 A. Permit Fees. CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one- -time Parks and Recreation Large Special Event Permit fee of $400, Health PermitlVendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. C. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. D. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. E. De osit. The CCCVB must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. F. Reimbursement for Damaaes to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Regairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any 10 turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Evelli PRrmit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporaw_ Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi- Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit 1 Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. AIr,Qhol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit 1 Vendor and related fees. (For example, the Temporary Food Service Establishment 10 Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §96 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. G. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CCCVB shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. r i The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage-and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms. Drinking Water and_Eirst Aid—The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide temporary fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in §4, PREMISES REVISIONS. 10 F. Storm Water System Protection. _000VB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the nonexclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. _ G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildinas. CCCVB must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Perl33issihie Vlodgr L2gati2l) r in No paint or semipermanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to premark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this 10 renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in pari by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("indemnitors') entering upon City property to set-up and take-down, hold, attend, or participate in the Frontera event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to CCCVB: Director of Parks and Recreation Event Manager City of Corpus Christi Corpus Christi CCCVB P.O. Box 9277 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 880-3461 FAX (361) 880-3864 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CCCVB entitles City to terminate this Lease Agreement without 10 notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a setoff against any debt or liability of CCCVB to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures requited by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. Disclosure of Interests. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at hftps://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Govemment 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 information on the City Secretary's website at 26. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. 10 Executed in Duplicate Originals on , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Keith Selman City Secretary Interim City Manager Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney 19 CORP S CHRISTI CONVENTION AND VISITORS BUREAU Name:4 Title: f Date: 19-� l 12 EXHIBIT A Description of Frontera and related activities Corpus Christi's rich and diverse history steps out into the spotlight with Frontera - an immersive experience that celebrates the people, places and events that make the Coastal Bend a historical and cultural cornerstone. Beginning November 2, 2018, the City of Corpus Christi Parks and Recreation Department, the Corpus Christi Convention and Visitors Bureau, the Corpus Christi Museum of Science and History, the Corpus Christi Downtown Management District, the Friends of Old Bayview Cemetery and the Corpus Christi Library system present a robust and introspective look into the well-known (and not-so-well known) stories that built its history. Event programming includes a Historic Old Town Square in Heritage Park, historical re- enactments at Old Bayview Cemetery, Coastal Bend Booknotes, Downtown Doc McGregor History Walk, Bay tour highlighting the Port of Corpus Christi and Seawall history, theatrical performances (with a modem twist) in La Retama Park, reopening the La Retama Park tunnels and special pricing at the Corpus Christi Museum of Science and History. For the purposes of this lease agreement, Frontera requests exclusive use of La Retama Park for the rehearsal and presentation of theatrical performances from October 29 - November 4, 2018. The park will be fenced and Frontera organizers will have tickets available for purchase for each performance at www.eventbrite.com. The organizers gratefully acknowledge Frontera's community partners and sponsors. 13 EXHIBIT B Dates of Frontera: Friday, November2, 2018 through Sunday, November 4, 2018 Set-Up: Monday,October 29, 2018,with phased staging, lights and production elements installation beginning on Wednesday, October 31, 2018. Take Down: Sunday,November 4, 2018 beginning in the early evening. 14 EXHIBIT C Tentative - Map and Description of City Property being Utilized. Specific site layoutmay be subject to change. ¥ _ �� � . _ � ` 4� • � , r 15 EX>EIIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies 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, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence- aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability S. 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 16 VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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 17 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance canned by the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 9S 2014 Insurance Requirements Parks and Recreation Dept. Frontera Event 12/29/2014 ds Risk Management SC GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of September 11, 2018 1852 Second Reading Item for the City Council Meeting of September 18, 2018 DATE: August 22, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks & Recreation JayEll�cctexas.com 361-826-3460 Appropriation of Grant Funds from the National Recreation and Park Association CAPTION: Ordinance accepting a grant in the amount of $15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. PURPOSE: Accept and appropriate grant funds from the National Recreation and Park Association in the No. 1067 Parks & Recreation Grants Fund. BACKGROUND AND FINDINGS: The grant funds are provided through the support of CITGO Petroleum Corporation. The funds will be used for the participation in the Conserve Our Parks CITGO Service Days. The Oso Bay Wetlands Preserve has partnered with the National Recreation and Park Association (NRPA) to facilitate three volunteer service events within our park system between July 2018 and May 2019. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Grant funds must be appropriated before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $7,500.00 $7,500.00 $15,000.00 BALANCE $7,500.00 $7,500.00 $15,000.00 Fund(s) Parks & Recreation Grant Fund 1067 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance MOU Documentation Ordinance accepting a grant in the amount of $15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $15,000 from the National Recreation and Park Association; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Conserve Our Parks CITGO Service Days. 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 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding(MOU), dated July 16,2018 (Effective Date), is made between National Recreation and Park Association (Grantor),a Virginia-based not-for-profit 501(c)3 with a mailing address of 22377 Belmont Ridge Road, Ashburn, Virginia,20148 (NRPA)and Corpus Christi Parks& Recreation Department,a provider of park, recreation,or community services in Corpus Christi,Texas with a mailing address of P.O. Box 9277,Corpus Christi,TX 78469(Grantee). Purpose The purpose of this MOU is to confirm approval of the terms goverriing the acceptance and use of Fifteen Thousand Dollars (S15,000)made available to Grantee for the implementation of the activities outlined in the Conserve Our Parks CITGO Service Days agreement(Attachment 1). Through the support of CITGO Petroleum Corporation,Grantor is managing the administration of this grant. Having been selected as a recipient of funding, Grantee is required to accept the tertius contained within this MOU in order to receive funding as a grant recipient, 1. Grant Funds and Requirements Upon signing of this MOU,Grantor will mail Grantee a check in the amount of Seven Thousand Five Dollars ($7,500,)and an additional Seven Thousand Five Hundred(57,500) will be issued in February 2019 for participation in the Conserve Our Parks CITGO Service Days,as outlined in Attachment 1.The Grantee will provide the Grantor with reports consistent with the established reporting schedule,with reports due in October 2018,January 2019, Apri 12019,June 2019. 2. Promotion Grantor and its desigriecs may use the Grantee and/or park names, photo$, and/or infon-nation in connection with this grant for promotional or other purposes, in any and all media, without lirrxitation and without further payment, notification,or perrra ssjori,except where prohibited by law, The Grantee ma makemiblic statements reeardine the 3rrant includino thl.Idontih of Grantor and CITGO Petroleum Corporation and the total pmnoint of the 2rant, provided that spy such statements have L!� n�nro�yqd in�adva nee�in w�rifln b�Gra�ntor. Such information may be used by the.Grantee in its efforts to solicit additional contributions for the Project and for general information purposes. 1 Limits of Liability Neither Grantor, nor CITGO Petroleum Corporation or any of its respective parents, subsidiaries,affiliates, officers, directors or employees shall be liable to Grantee and/or its affiliates for any liability o.fany kind relating to or arising out of participation in this project hereunder. 4. Confidentiality During the term of this MOU, the parties may learn certain confidential information of each other. For purposes of this MOU,confidential information means the confidential and proprietary informatioll, net gencolly known by non-party personnel,used by the disclosing party and which is proprietary to the disclosing party,and includes, without limitation, the disclosing party's trade secret or Proprietary personnel, financial, marketing and business information, including strategic, operations and other business plans or forecasts, and confidential information provided by the disclosing party regarding its employees,customers,vendors,sponsors and other contractors. Confidential information shall not be disclosed to non-party personnel. 5. Terni The term of this MOU will commence on the Effective Date and shall continue until completion of grant activities (after Grantee submits its final report to NRPA). 6. Use of Grant Funds The Grantee shall use the full amount of the grant for the purposes set forth in Section 1.Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the grant and the income earned thereon that is not expended for such purposes. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: A. To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1)of the Code; B. To influence the outcome of any specific public election or to carry on,directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2)of the Code; C. To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor. D. Payments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute "grants" for these purposes and are not subject to these restrictions; E. Except as expressly may be authorized in the Grant Description, to provide a grant to any other organization without prior written approval of the Grantor; or F. To promote or engage in criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin' religion, military and veteran status, disability, sex,age,or sexual orientation,or support of any entity that engages in these activities. All unspent or uncommitted grant funds shall be invested in highly liquid investments (such as an interest-bearing bank account)with the primary objective being preserving the grant funds availability for the project. Any interest or other income generated by the grant funds must be applied to the purposes described in the Grant Description. 7. Audit NSA has the right to audit the Grantee's financial records relating to this MOU. Grantee should maintain their financial receipts and must make the records available at anytime as requested by NR's. If as a result of an audit, NRPA determines that funds were not spent in accordance with the purposes of this grant,the grantee may be required to return any funds not substantiated. If NRPA determines that grant funds were used for fraudulent PLWPOWS, the grantee may be barred from participation in any further programs. 8. Termitlation Either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform.The non-perfornng party shall have sixty(60)days to cure its obligation. If the non- performing party fails to satisfactorily wire its obligation within this time this MMU will be terminated. Neither party shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties,notwithstanding any law to the contrary. No termination of this MOU shall release the obligation to pay any sums due to the terrr�inating party which accrued prior to such termination. These parties have caused this MOU to be signed by their didy authorized representalives as of the date set forlb, National .eereatiotr an Park Association City sof Corpus Christi arks &Recreation Dept, r B�'' .� y: Printed Name: � Rebecca 3cklin� 1 rirtt�d Name: E..i® Film an Title: Senior QIP,Development Title., Director. Warks&Recreation Date: ._ - Date: Attachment I National Recreation and Park Association (NRPA) and Agency Agreement SCOPE OF WORK Purpose:The following scope of work outlines the roles and responsibilities that each organization agrees to complete as part of the attached agreement. Under this scope,the agency will Partner with NRPA to facilitate 3 volunteer service events within their park system that will engage a minimum of 25 people at each,for a total of at least 75 volunteers. Volunteer days must take place between July 2018-May 2019, Section 1.Activities The agency agrees to complete the following-, ..........__­....... Activity Target Date 1. Participate in a kick off call and attend a online training facilitated by NRPA July-August 2018 work—with NRPA—to iden-6—fy"a—p-p—ra'—priate volunteer projects that fit the needs of all stakeholders July-August 2018 I Participate in regular planning calls with all partners Ongoing 4, Provide staff support and volunteer leadership during both project planning and event day/s Ongoing Fl �eedm~d tools,equipmentand project specific materials(including gloves for volunteersAt events .......... 6, most 3 volunteer service events at sites within your park system that are at least 3 hours each July 2018- May 2019 Recruit volunteers from the local community, a minimum of 25 people for each site and a ongoing total of at least 75 8. Promote the events and partnership through various communication channels and ongoing outreach using the provided toolkit Provide refreshments for each event(Meals may be necessary depending on timing �XPectatior�sfore�ent) f At events 10. Provide opportunity for CITGO staff to address and engage with the volunteers if requested A At event 11. Di�s`plyco-branded event—signage andmaterialsprovided by NRPA during event and acknowledge CITGO's support in any remarks and/or promotion At events 12, Document the project by collecting photos,videos,quotes and stories during volunteer .L service events ongoing 13. Collect and document­imp�_ act metrics of volunteer activities using provided te late ongoing .�14.. ......m.�_ t�. .. Submit progress�'essr�pa�rt� RPA using provided templates October 2018, January 2019,April 2019,June 2019 N PA agrees to complete the following: Activity Target Date 1a Most a kick off call and facilitate event training_ roar agency 7"!--­`u---- wenar to park a eri staff ensuring evert ­ success and support. July-August 2018 2. Work with all stakeholders to select the three went sites aro activities that will _ ` ...� vities that viii fit everyone's � ..T., July-August 201E 3. NPA staff will conduct calls with host agency and appropriate re regional corporate partner t® E ensure event logistics and outcomes are met ongoing " 4. l RPA will provide a marketing tool kat to host agencies that contains sample press releases talking points/shared messaging, and sample social medla posts, In addition to the agency's August 2018 i local release NRPA will also issue a national release. 5. Barrage communications between all partners, including facilitating introductions between i m mr ignal CITGO and focal park staff € ngoin -. 6. Design, produce and ship co-branded event signage and materials to be used on-site during local events At everts Section 2.Joint ongoing activities RPA will hold regular check-in calls/meetings with agency staff bimonthly to discless activities related to this soar, SC G� 0 AGENDA MEMORANDUM "`°AP°a^'E0 Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. PURPOSE: Section 7. "Funding level from General Fund for Street Maintenance" is being recommended for addition to the policy to specify calculation of funding levels for Street Maintenance Fund. There are also several housekeeping changes made throughout the document. BACKGROUNDAND FINDINGS: The financial budgetary policies being recommended for amendment are to Section 7 to address a funding level for the Street Maintenance Fund. It is being recommended to add verbiage to clarify the treatment of the revenue added to property tax and transferred to the Residential Street Reconstruction Fund. T h e recommendation is "Beginning in Fiscal Year 2018- 2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or $10,818,730, whichever is greater". Alternatives: An alternative would be to leave the financial budgetary policies as they currently are written. Other Considerations: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. Emergency/Non-Emergency DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal Financial Impact: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: 2017 - 2018 (CIP Only) Year Years TOTALS Budget Encumbered/Expended amount of(date) This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution Clean Copy Presentation RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 031240 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution.No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 02'683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; amended the policy in August 2014 by Resolution 030265; amended the policy in March 2016 by Resolution 030790; amended the policy in July 2017 by Resolution 031189; and amended the policy in August 2017 by Resolution 031240. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 031240 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal 1 Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. General Fund Balance 1 Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be Reseed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Existing resources in the fund t h a t have been specifically committed for use in satisfying contractual obligations will be reported as assigned fund balance. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund listed below, of three percent (3%) and a maximum of an additional two percent (2%), for a total of five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of amaximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 187 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or$10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Beginning in Fiscal Year 2018-20197 the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$1018187730, whichever is greater. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1 . For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential Street Reconstruction Fund. 5 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential Street Reconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 10. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 12. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 13. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the 6 General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 14. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 15. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 16. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 17. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long- range capital improvement plans. For the three-year short-term plan, projects include any projected incremental operating costs for programmed facilities. The long-range plan extends for an additional seven.years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to. identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 19. Zero-Based Budgeting type of process. To prepare the City's operating budget, the Cityshall utilize . a Zero-Based Budgeting type of process. The staff shall be accountable for utilizing a Zero-Based Budgeting type of process comprehensively for all department budgets. Section 20. A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 8 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 0341240 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution.No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 02'683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; amended the policy in August 2014 by Resolution 030265; amended the policy in March 2016 by Resolution 030790; a+4 amended the policy in July 2017 by Resolution 031189; and amended the policy in Auqust 2017 by Resolution 031240. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 03441240 are amended to read as follows: Section 1. Development 1 Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal 1 Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be Resa ed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. GE)RtFaG ' ObligatiGAS tA-th{�cxc�c-rAt h�cExisting resources in the fund t h a t have been specifically committed for use in satisfying these contractual obligations will be reported as assigned fund balance. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund listed below, of three percent (3%) and a maximum of an additional two percent (2%), for a total of five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) GGV8ri-aRY-Qi;�� C$S�ccvr'ccr�r 0 Behold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent2( 5%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated 4 for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given+4g to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or$10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Beginning in Fiscal Year 2018-2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$10,818,730, whichever is greater. Section 8. Funding Level from General Fund for Resid_en*i2111 ^^'1 Street Gapita' improvement PF0j +Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential4l esal Street GapitgReconstruction Fund. 5 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential,4egal Street ,,g, tReconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/legal Street Gapit4Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the ResidentialiLegat Street Reconstructi2nGap4c-4 Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential�Legat Street ReconstructionGap4c-4 Fund. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 10. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 12. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 13. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the 6 General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 14. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 15. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 16. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 17. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. For the three-year short-term plan, projects include any projected incremental operating costs for programmed facilities. The long-range plan extends for an additional seven.years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to.identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 19. Zero-Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize . a Zero-Based Budgeting type of process. The staff shall be accountable for utilizing a Zero-Based Budgeting type of process comprehensively for all department budgets. Section 20. A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 8 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith ------------------------------------------------------------------------------------------ 0 ------------------------------------------------------------------------------------------ FINANCIAL POLICIES September ii , 2018 GENERAL FUND ------------------------------------------------------------------------------------------------------------ (D ------------------------------------------------------------------------------------------------------------ Section 3. General Fund Balance/Working Capital. It is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations. T.52 INTERNAL SERVICE FUNDS ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- Section 4. Other Committed Fund Balances 41 Internal Service Funds. It is the goal of the City to build and maintain a reserve in each Internal Service Fund listed below of three percent (3%),and a maximum of an additional two percent(2%),for a total of five percent(5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies, Stores, Engineering Services, Fleet Maintenance,and Facilities Maintenance Funds. 4.2 Group Health Plans. It is the goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at iio%of projected claims expense as a catastrophic reserve. Suggested change: Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) eevef aRy di ffe,,.neer bet-,wen revenues budgeted to eevef pfejeeted elai -s expense for the fiseal year and fine poiiA ea-lel-11-ated at 0 hold a reserve for catastrophic claims equaling io%of projected medical and prescription claims. T.52 __________________________________________________________________________________________________________ o __________________________________________________________________________________________________________ 4.3 General Liability Fund. It is the goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR) and a risk margin for the adverse development of claims as determined by the actuarial recommendations and 2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Workers' Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR) and a risk margin for the adverse development of claims as determined by the actuarial recommendations and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. ENTERPRISE FUNDS ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- Section 4.5 Enterprise Funds. It is the goal of the City to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. STREET FUNDS ------------------------------------------------------------------------ ---------------------------- ) ---------------------------------------------------------------------------------------------------------- Section 7. Funding Level from General Fund for Street Maintenance. 6.00%of General Fund revenue less grants from the annual adopted operating budget or $1o,818,73o, whichever is greater. Beginning in Fiscal Year 2015-2o16, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $1o,818,73o, whichever is greater. Additionally, beginning in Fiscal Year 2015-2o16, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Proposed Additions: Beginning in Fiscal Year 2018-2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$1o,818,730,whichever is greater. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential Street Reconstruction Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential Street Reconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. OTHER ITEMS INCLUDED IN FINANCIAL POLICY ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- • Development/Effective Date of Financial Budgetary Policy • Property Tax Rate for Operations and Maintenance • Funding of Texas Municipal Retirement System (TMRS) Contributions • Operating Contingencies • Debt Management • Capital Improvement Plans/Funding • Expenditures • State Hotel Occupancy Tax (HOT) Fund �S 1852 SC o� � v AGENDA MEMORANDUM N�ORPOBPI First Reading Ordinance for the City Council Meeting of September 11, 2018 1852 Second Reading Ordinance for the City Council Meeting of September 18, 2018 DATE: August 30, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Adoption of Proposed FY 2018-2019 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget: "Motion to ratify the property tax increase reflected in the FY 2018-2019 Operating Budget, that will raise more revenue from property taxes than in the previous fiscal year, as reflected in the adopted budget." BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: This item requires two readings. The second reading will be at the regular September 18, 2018 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 929,084,949 929,084,949 BALANCE 929,084,949 929,084,949 Fund(s): All Operating Funds-Expenditures Comments: Total proposed expenditures are $929,084,949 and total proposed revenues are $904,187,978 which includes an increase of$7,680,380 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2018-2019 Budget Ordinance Schedule of Amendments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2018-2019 BEGINNING OCTOBER 1, 2018; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2018, and ending September 30, 2019, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $929,084,949 and estimated revenues amounting to $904,187,978 for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 436* Police Lieutenant - 39 Police Captain - 16 Police Commander, also known as Deputy Chief- 4 Assistant Police Chief- 3 Police Chief- 1 FY18-19 TOTAL 499 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 110* Firefighter 11 —EMS — 133 Firefighter 11 — Engineer- 73 Fire Captain - 79 Battalion Chief- 13 Assistant Fire Chief- 4 Deputy Fire Chief- 1 Fire Chief- 1 FY18-19 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opal That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opal PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Attachment A - Schedule of Adiustments City of Corpus Christi Amendments to the FY 2018-2019 Proposed Budget TOTAL PROPOSED REVENUES $ 904,187,978 TOTAL PROPOSED EXPENDITURES $ 929,084,949 GENERALFUND ENTERPRISE FUNDS PROPOSED OPERATING BUDGET FY 2018-2019 ------ ------------- 0 is' Reading September ii , 2018 C.52 ) EMPLOYEES ---------------------------------------------------------------------------------------------------------- (D -- ----------------------------------------------------------------------------------------------------- General 1762,71 01W 1748.74 1746.73 Enterprise 737.40 742.40 _ 747.40 Internal 298 290 283 Special 310.8 290.20 290.20 Subtotal 31o8.9i 3071.34 3067.33 Grants 91 91 93 Total 3199.91 3162.34 316o.33 0 Total Employees 9 3% 9% General Enterprise 55% Internal Special 24/ Grant T.52 REVENUE/EXPENDITURES ----------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- -m ' Proposed FY 2-oig FY 2-oig Net Budget Revenue Expenditures I 1 General $253,419,204 $253,419,204 $0 Enterprise 307339,931 329,207,321 (21,867390) Internal Service 104,171,029 8 1 10 9�5 7�912 (5�4 6,883) Special Revenue 115,150,436 114,13908 1 011 8 >34 Debt Service 12 10 8 1 2 4� 737 122,73 ,4 4 1,375,954 Total $904�187�978 $92%084949 $(24,896971) 3.52 10-Year Property Tax Rates (M&O/I&S) --------------------------------------------------------------------------------------------------------- O ------------------------------------------------------------------------------------------------------------ Adopted Tax Rate per $100 Valuation 0.64 0.63 0.626264 0.62 0.61 0.606264 0.606264 0.606264 0.6 — 0.59 — 0.582269 0.5852640.585264 0.58 — 0.570557 0.570557 0.57 ,563846 0.56 — 0.55 — 0.54 — 0.53 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Proposed FY 2019 GENERAL FUND PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance 10/1/18 $ 5239503574 Projected Changes $ -0- Total Projected Ending Balance 9/30/19 (20.9%) $ 539503574 • Minimum Fund Balance (17%) $ 43,081,265 • Goal (25%) $ 63.354,801 �S 1862 INTERNAL SERVICE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $ 45,410,551 Projected Changes $ (5,416,883) Total Projected Ending Balance 9/30/2019 $39,993,668 Target $ 27,984,878 Fleet Future Replacement Restricted $3,921,245 Total Restricted + Reserve $31,806,123 SPECIAL REVENUE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $ 132,878,085 Projected Changes $1,011,348 Projected Ending Balance 9/30/19 $ 133,889,43a p.52 ENTERPRISE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- (D ---------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $109,042,220 Projected Changes $ (21,867,390) Total Projected Ending Balance 9/30/19 $ 87,1Z4,930 Target Fund Balance @ 25% $ 57,885,179 CIP Restricted $ 23,179,9_64 Total Target + Restricted $ 81,065,143 S 1862 KEY DATES -------------------- --------------------------------- 0 ----------------------------------------- ------------------------- Sept. 18, 2o18 - 2nd Reading & Final Adoption of Operating Budget & Capital Budget POLICE ----------------------- 0 ------------------------------------------------------------------------------------------ BUDGET PRESENTATION 2018 - 2019 MISSION & MISSION ELEMENTS --- ---------------------------------------------------------------------------- (D ----------------------------------------------------------------------------------- ------------ Mission The mission of the Corpus Christi Police Department is to work to reduce crime, the fear of crime, and enhance public safety. Mission Elements Respond to calls for law enforcement services Investigate crime Enforce traffic laws Work with the community and other law enforcement entities to reduce crime KEY SERVICES / RELATED FTEs ------ ---------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- Administration / 3o FTE's Criminal Investigation / 61 FTE's Narcotics/Vice / 29 FTE's Uniform / 279.5 FTE's Records / 32 FTE's Vehicle Pound / 12 FTE's Forensics / 21 FTE's Training / 7 FTE's MetroCom, Computer Support, 911 / 81.35 FTE's Criminal Intelligence / 10 FTE's Parking Control / 8.47 FTE's Building Maintenance / 2 FTE's EFFICIENCIES ------------------------------------------------------------------------------------------------------------ (D --------------------------------- ---------------------------------------------------- ; . - Planned 1. Implementation of new software at 1. Purchase/installation of new Vehicle Impound. Hiring 4 new FTE's Metrocom 911 dispatch consoles 2. Continue to enhance the video camera 2. Public Safety bond proposal for radio system around the City system 3. Continued focus on new radio system 3. Continue to issue body cameras and patrol rifles to uniformed patrol officers 4. Enhanced traffic enforcement program 4. Completion of Forensics Evidence with emphasis on aggressive driving building 5. Began construction for Forensics 5. Deployment of 8 additional sworn Evidence building officers T EMPLOYEES & REVENUE ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- EMPLOYEES(in FTEs) FY 2018-2019 Department FTE's Sworn 372 Sworn 38o Sworn 38o General 191.8o General 193.32 General 193.32 Grant FTE's Sworn 3 Sworn 3 Sworn 3 Civilian 10 Civilian 10 Civilian 10 Total 576.8o I 586.32 ( 586.32 EstimatedActual Original Amended Proposed REVENUE FY 2017 Budget Budget FY 2018 FY 2019 FY • • FY 2018 Operating Revenue $8,7112 $9,794,188 $9,794,188 $9,059,346 $9,195,342 General Resources $61,o65,196 $65,335,010 $65,485,976 $65,072,979 $66,944,483 General Fund Total $69,776,278 $75,129,198 $75,28o,164 $74,132,325 $76,139,$25 Grants $1,425,470 $1,596,000 $1,596,000 $1,596,000 $1,671,071 TOTAL EXPENDITURES ---------------------------------------------------------------------------------------------------------- 0 -------------------------------------------------------------------------------------------------------- --- Actual Original Amended Estimated Proposed FY 2017 Budget Budget FY 2018 FY 2019 FY • • FY 2018 Personnel $49,225,984 $51,99o,o62 $51,835,192 $50,816,805 $52,577438 Operating $7536,684 $7957710 $8,1o8,675 $7979,223 $7794,909 Capital $95,000 $162,000 $316,870 $316,870 $0 Internal Service 610 918 $12, , $15,019,4251 2 1 Allocations $ 5�019�4 7 $ 5�767�478 Total General Fund $69,776,278 $75,129,198 $75,28o,164 $74,132,325 $76,139,825 FIRE ------ ----------------------- 0 ------------------------------------------------------------------------------------------ BUDGET PRESENTATION 2018 - 2019 MISSION & MISSION ELEMENTS --- ---------------------------------------------------------------------------- (D ----------------------------------------------------------------------------- ------------ Mission — Protection of lives and property due to fire, explosion, natural or man-made disaster and to provide emergency medical services Mission Elements Respond to emergency medical and fire calls for service Conduct fire prevention education, investigations, and inspections Manage City emergency operations including the Emergency Operations Center KEY SERVICES / RELATED FTEs -------- ---------------------------------------------------------------------------- 0 ----------------------------------------------------------------------------- ------------ Respond to Emergency Medical, Fire, Haz-Mat and Technical Rescue calls for service (414 FTE) Conduct Fire Prevention Education, Investigations, and Inspections (13 FTE) Manage City Emergency Operations, including the Emergency Operations Center (2 FTE) Management of the Local Emergency Planning Committee — LEPC (1 FTE) EFFICIENCIES ------------------------------------------------------------------------------------------------------------ (D ---------------------------------------------------------------- -------------------------------------- r- ; Achieved Planned 1. Completed Construction and placed 1. Delivery of a fire engine expected Fire Station *18 into service November 2018 2. Graduated Fire Academy Class #39 2. Hire 34 Fire Cadets (Academy Class (Conventional Hire) #41) in January 2019 3. Graduated Fire Academy Class #40 3. Delivery of Ambus expected Spring (Alternative Hire) 2019 4. Conducted Recruitment/Testing for 4. Purchase 2 Medic Units in FY 2019 Academy Class #41 5. Completed the first billing cycle 5. Begin Recruitment/Testing for through the Texas Ambulance Academy Class #42 - January 2020 Supplemental Payment Program A EMPLOYEES & REVENUE ------------------------------------------------------------------- --------------------------------- ---------------------------------------------------------------------I EMPLOYEES(in FTEs) FY 2018-2019 Department FTE's Sworn 414 Sworn 414 Sworn 414 General 16 General 16 General 16 Grant FTE's Sworn o Sworn o Sworn o Civilian o Civilian o I Civilian o I Total I 430 I 430 I 430 EstimatedActual Original Amended Proposed REVENUE FY 2017 Budget Budget FY 2018 FY 2019 1 FY • • FY 2018 Operating Revenue I $5397424 I $6,592,740 $6,592,740 $7442,136 I $8,139472 General Resources ( $49442,897 I $49463368 $50537495 I $50549466 I $49174469 General Fund Total I $54,840,320 I $56,056,1o8 I $57,130,235 I $57991,602 I $57,313,941 Grants ( $126,145 I $520574 I $520574 I $520574 I $8o1,166 LEPC I $251,736 I $269,812 I $269,812 I $220,471 I $218,400 u TOTAL EXPENDITURES ---------------------------------------------------------------------------------------------------------- 0 ------------------------------------------------------------------------------------------------------------ A Actual Original Amended Estimated Proposed Budget • • • FY 2017 FY 2018 FY 2018 FY 2018 FY 2019 Personnel $41,018,810 $39,593,466 $39,599,466 $42,056,259 $39529,672 i Operating $5,487907 $6,246595 $7296,882 $5,701,454 $6995,389 I Capital $50,4o6 $650,000 $667,840 $667,840 $0 Internal Service Allocations $8,283197 $9566,047 $9566,047 $9566,048 $10,788,88o Total General Fund $54,840,320 $56,056,1o8 $57,130,235 $57991,602 $57313941 LEPC $217,292 $269,250 $269,325 $262,738 $216,go8 SC o� � v AGENDA MEMORANDUM N�ORPOBPI Ordinance for the City Council Meeting of September 11, 2018 1852 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 30, 2018 TO: Keith Selman, Interim City Manager Thru: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ratifying increase in property tax revenues from FY2017-2018 Operating Budget CAPTION: Ordinance to ratify increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTALCLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 7,680,380 7,680,380 BALANCE 7,680,380 7,680,380 Fund(s): All Operating Funds-Expenditures Comments: Total proposed revenues are $904,187,978 which includes an increase of$7,680,380 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2018-2019 Ordinance to ratify Ordinance to ratify increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget; and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. 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, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC �o o� � U NOORPONPS E� 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of August September 11, 2018 Second Reading item for the City Council Meeting of September 18, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Eddie Houlihan, Director of Management & Budget eddieho(a)cctexas.com (361) 826-3792 Approval of Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide in the amount of$197,583,700. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. On Wednesday, August 22, 2018, a Public Hearing and summary presentation of the FY 2019 Capital Budget and Capital Improvement Planning Guide was held before the Planning Commission describing program highlights and funding sources. A second presentation of the detailed FY 2019 Capital Budget and Capital Improvement Planning Guide was held on September 5, 2018. At that meeting, the Planning Commission recommended approval of the FY 2019 Capital Budget and Capital Improvement Planning Guide as presented. There were no comments during the Public Hearing. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item $197,583,700 $197,583,700 BALANCE $197,583,700 $197,583,700 Fund(s): COMMENTS: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation FY 2019 Capital Budget and Capital Improvement Planning Guide (can be viewed on the City's website) Pagel of 2 ORDINANCE APPROVING THE FISCAL YEAR 2018 — 2019 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $197,583,700. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide in the amount of $197,583,700 is hereby approved. A copy of the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 Fiscal Year 2018 - 2019 Proposed Capital Improvement Program (CIP) Budget and Planning Guide • August 22, 2018 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2019) : A fully-funded work plan based on available financial capacity and greatest prioritized needs. • Short-Range Program: Facilitates fiscal and needs- based planning for Years 2 and 3. • Long-Range Forecast: Located at the back of each section and consists of items considered important, but not funded. e Proposed Capital Improvement Budget and Planning Guide PROJECT DESCRIPTION Proposed General Obligation Bond 2018 Proposition One: STREETS saruenoe pal PROJECT TITLE: Proposed General Obligation Street Bond-Proposition A Consistency whh the Comprehensive Plan;Polley Statements pp.25- CITY WIDE PROJECT NOTES'_ 32;T ansportaoon Master Plan DESCRIPTION: This p-poslvan focuses on Lte rewnstruclion ane] nip—m... of Protect N. Van— arterials and collectors Mmughnut 1ne Cily. It also provides funding for transportallon-relate[]irnpravements suW as traffic signals,street lighting, Texas mon Departent of Transportatipartidpation projects, etc_ These AIE Consu9 nt Van— projects are aepentll�rt upon vot—pproval in Bre No—inter 2818 Bond! W Contractor Van— Etcuiur Awartl Design OnGoing Award Consbudl— Q-Gwng "t-Pals!Completion: OnGoing FUNDING SCHEDULE{Amount in 000'sj PT"—Dat Unspent Prmr CIP budget _ Future Hutlgef Total Project Obligations Budget as of Yean1 2Q 9-2020 2Q2Q-2021 RequineC Value Use o1 Fund. JUIy2018 July 2018 2018-2019 {Years 4-l Oj {Amounts in f'sl STREETS 13800 6,932.8 36,0274 23,8530 3WA 67,725600 WATER 895.3 3,710.19,056.0 4,294.3 94.9 17,999,800 WASTEWATER 1,067.0 7,7665 4,294.3 46.913,173,900 STORMWATER 1,920.6 14,1634 8,228.3 792 24,383500 GAs 213.4 1,573.7 858.8 8.8 2,654,700 TOTAL: 2,2553 13,043.9 6$5690 41,520.] 5356 S 125,937,500 Source of Funds Street CIP Reserves T3601,360 OOQ Band issue 2018 GQ's 13,043.9 68,569041,52Y1.] 5266 123,682aOD Revenue Bonds 696.3 S95 300 TOTAL: 2,2553 13,043.9 68,5890 41,520.7 5286 $ 125,937,500 OPERATIONAL IMPACT: There is no di-,,t operational budget impact These projects-11—p—the—ad and--date heavier traffic flaws and provide a safer d—nt,e>�enencc_ 4 Proposed Capital Improvement Budget and Planning Guide PROJECT DESCRIPTION Oep-111:WATER segcn�sal PROJECT TITLE: Nueces River Raw Water Pump Station Consistency with the Comprehensive Plan:P hcy Statements pp.48: PROJECT NOTES 1,3&6,pp.55-57;Water Master Plan DES D RIPTION: TREATMENT T—ph­c vn11 mprove pumping­—it,an ility a Project N0: E11066 mp s (NRRW Ps). puma sta tmnsrers eraw m _ AIL ConsuttaM'Urban Engineering,Inc_ a-it.{O.NSWTPj. srng statim c reists of!wo p pnb dingsTPump puiidmg No.1 vra mst--in 19—th four vertical to —pumps,anly twp W Nese pumps are in SQrvice naw. r tracl0r: TBp umP.B dtn9 N dry Pir rYrugal P uCurrent pumping ccapardly Is to kl�erable pumps working gwrartl pesign: Sept 2014 m YNd is beerz 111 MGD1and[beep p station ha bememablet to meet[peak demands_ Matpr elements of p­--de reNlbish Pump Bui—g Ng.1 a-No.2,cenehuat A Constni"—: FY 2019 mom arn]new backup gene... and protide a new pump in mP Bui dmgN_to Antia"ed COmplebon' F1'2020 FUNDING SCHEDULE(Amgunt in 00051 Prtryecl-I-Date Unspent Prior CIP Budget Future Budget Obligations budget as of Year Year2 Year3 Required Total Pro13,"255,800 Use of Funtls July 2018 July 2018 2018-2019 2019-2020 2020-2021 (Years 4-10) (Amgun Design&Erigindenng 2995 B 15C.0 150.0 5,130 Coming—ny 500.0 6600 InspectiorVOtner 1]t] 5000 566)0 TOTAL: 3,1675 5,000.0 5,600 $ 14,]6],500 Source of Funds Revenue pond 3,167.5 5000.0 6,61300 14,76],500 TOTAL: 3,16].5 5,000.0 6,600.0 L $ 14,]6],500 JOPERATIONAL IMPACT: This project provides uninterrupted water supply from Nueces River_The need far reliade,redundant sources of raw water will tx met and 11>e Cl1y ra cantitleMly welcome new businesses. Should this project not be real ed,and ONSVVTP is raced with peak water demands,the City eeuM face water shortages and a less than fa—Mo public image. Opemgonal budget impact should Le,improved through more efficienl equipment_ 5 Airport • Year One: $7.8 Million • Program Highlights: — Rehabilitate East General Aviation Apron /Reconstruct Air Carrier Ramp — Rehabilitate/Replace Passenger Boarding Bridges — Terminal Service Animal Relief Area (SARA) — Terminal Building Assessment /Rehabilitation • Funding Sources: — Federal Aviation Administration Grants — Airport Capital Reserves Parks & Recreation • Year One: $6.1 Million • Program Highlights: — Packery Channel Miscellaneous Improvements — Proposed Bond 2018 - Proposition C • Senior Centers and Recreation Centers improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Tax Increment Financing District — Proposed General Obligation Bond (2018) Public Facilities • Year One: $8.6 million • Program Highlights: — Proposed Bond 2018 - Proposition D — Art Museum and Museum of Science & History renovations and improvements — Arena Improvements • Loading dock expansion • Audio/Video enhancements • Funding Sources: — Proposed General Obligation Bonds (2018) — Sales Tax Proceeds (Type A Board Funding) Public Health Safety • Year One: $10.3 Million • Program Highlights: — Proposed Bond 2018 - Proposition E • Upgrade Police Radio Communication System • Police Headquarters renovations&improvements — J.C. Elliott and Cefe' Valenzuela Landfills — Seawall Improvement Projects • Funding Sources: - Proposed General Obligation Bonds (2018) - Certificates of Obligation - Sales Tax Proceeds (Type A Board Funding) Aft ") Streets • Year One: $21.2 Million • Program Highlights: — Proposed Bond 2018-Propositions A&B • Residential — Morgan Avenue — Ayers Street — Arterial& Collector Streets-Type B • Everhart,Slough, and Holly Roads • Funding Sources: — Proposed General Obligation Bonds (2018) — Revenue Bonds — Texas Department of Transportation Funding — Sales Tax Proceeds (Type B Board Funding) 10 Gas • Year One: $9.8 Million • Program Highlights: — Various Pipeline Replacement / Extension Projects — New CNG station near the Highway 37/Highway 77 corridor • Funding Sources: — Utility Revenue Bonds — Capital Reserves �7. Storm Water • Year One: $28.5 Million • Program Highlights: — City-wide Storm Water Infrastructure Rehabilitation and Replacement — La Volla Creek Storm Water Modeling and Improvements • Funding Sources: — Utility Revenue Bonds — Capital Reserves Water Supply • Year One: $6.7 Million • Program Highlights: — Mary Rhodes Pipeline Cathodic Protection Upgrades — Wesley Seale Infrastructure Improvements • Funding Sources: — Utility Revenue Bonds — Choke Canyon Trust Fund — Raw Water Supply Reserve Water • Year One: $56.4 Million • Program Highlights: — High Service Building #3 — Nueces River Raw Water Pump Station — Waterline Replacement Program • Funding Sources: — Utility Revenue Bonds — Capital Reserves Wastewater • Year One: $42.2 Million • Program Highlights: — Greenwood WWTP Electrical Improvements to UV System — City-wide Lift Station Repair — OSO WRP Headworks and Lift Station • Funding Sources: — Utility Revenue Bond — Capital Reserves QUESTIONS? SC 00 v ✓Cnflpas I AGENDA MEMORANDUM 1852 Future Agenda Item for the City Council Meeting of September 11, 2018 Action Agenda Item for the City Council Meeting of September 18, 2018 DATE: 8/21/2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation JayEll(c�cctexas.com (361)826-3464 Fiscal Year 2018-2019 Parks & Recreation Fee Schedule CAPTION: Resolution approving Parks and Recreation fees for fiscal year 2018-2019. PURPOSE: Approve Parks & Recreation rental and recreational use fees for FY18-19. BACKGROUND AND FINDINGS: As per the amendment to the City Code Sections 36-3 and 36-7, regarding annual review of Parks & Recreation fee adjustments effective March 27, 2018, the Director of the department must submit annually the rental and recreational fee schedule for review and approval by the City Council. All proposed fees have been included in the FY18-19 proposed budget and will be effective October 1, 2018. Fees not specifically listed on Exhibit A but which were previously authorized by City Council continue in effect through December 2018. Due to the short time frame between the approval of the FY17-18 and FY18-19 Fee Schedules, the format for the fee schedule was not changed. Future presented fee schedules will be modified to reflect a consolidated fee structure. Athletics, Aquatics and Recreation Centers have new fees. Fee increases are needed to continue to provide services at their optimum level and to allow us to provide self-support to off-set operating costs. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve the schedule of fees for the Parks & Recreation Department annually. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution FY19 Parks & Recreation Fee Schedule Resolution approving Parks and Recreation Fees for fiscal year 2018- 2019. Whereas, Section 36-3 and 36-7 of the Code of Ordinances requires City Council review and approval, annually, of the list of parks and recreation department fees; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves rental rates and recreation fees for parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2018-2019. Fees not specifically listed on Exhibit A but which were previously authorized by City Council continue in effect through December 2018. Section 2. This resolution is effective October 1 , 2018. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution 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 resolution. 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 Everett Roy Lucy Rubio Greg Smith Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Section 1.ATHLETICS A. Adult Athletic Events: Includes awards and officials. Volleyball-Regular Season, 1 referee Recreational League Basketball, Softball, Flag Football,etc. $ 450.00 $ 450.00 perteam 0.0% B. Youth Athletic Events: Includes awards,and medical insurance. Middle school and High School girls Volleyball-regular season $ 350.00 $ 350.00 per team per season 0.0% Mini Sports-ages 3-5 yr old (Mini Dribblers, Kickball, Blastball, Indoor Soccer) $ 50.00 per child NEW Late registration fee $ 25.00 per child NEW Basketball Regular Season Athletics age 6 to 18 $ 70.00 $ 80.00 per child 14.3% Scholarship 1st child $ 35.00 $ 40.00 per child 14.3% Scholarship each additional child $ 30.00 $ 35.00 per child 16.7% Late registration fee $ 25.00 $ 25.00 per child 0.0% High School Varsity Bos&Girls Basketball League $ 350.00 $ 375.00 per team 7.1% City Basketball registration fees may be adjusted based on the cost to the City for gymnasium rentals. No post season tournament Girls Fast pitch Regular Season,w/ la off $ 350.00 $ 375.00 per team per season 7.1% Late registration fee $ 25.00 $ 25.00 per team per season 0.0% Youth Baseball Summer season,with top 50%in each division playoffs $ 525.00 $ 550.00 per team per season 4.8% Late registration fee $ 25.00 $ 25.00 per team per season 0.0% Fall season $ 300.00 $ 550.00 per team per season 83.3% C. Tournament Events Basketball $ 150.00 $ 175.00 per team 16.7% Basketball-Multiple teams $ 125.00 $ 150.00 per team 20.0% Baseball-18&u $ 375.00 $ 400.00 per team 6.7% Baseball-16&u $ 375.00 $ 400.00 per team 6.7% Baseball-14&u $ 300.00 $ 325.00 per team 8.3% Baseball-12&u $ 250.00 $ 275.00 per team 10.0% Baseball-10&u $ 200.00 $ 225.00 per team 12.5% D. Athletic Field Rentals Dick Runyan/Paul Jones Youth Rental fee per field $ 50.00 $ 40.00 per hour -20.0% Youth Baseball Field Tournament Rental Fee $ 350.00 $ 250.00 per field per da -28.6% Adult Rental fee per field $ 75.00 $ 50.00 per hour -33.3% Adult Tournament/Camp Rentals fee per da $ 50.00 $ 50.00 per hr per field 0.0% Adult Tournament/Camp Rentals fee per da $ 350.00 $ 250.00 per field per da -28.6% Staff Utility and Building Fee $ 20.00 $ 25.00 per hour,when lights are used 25.0% Greenwood Softball Complex Youth Rental fee per field $ 40.00 $ 40.00 per hour 0.0% Adult Rental fee per field $ 50.00 $ 50.00 per hour 0.0% Youth/Adult Tournament Rentals fee $ 250.00 $ 250.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 $ 200.00 per day per field 33.3% Multiple teams/multiple tourney rental fee with more than 40 teams $ 200.00 $ 150.00 per day per field -25.0% Security Deposit-Non Refundable $ 50.00 $ 50.00 per rental 0.0% Staff Utility and Building Fee $ 20.00 1 $ 25.00 1per hour,when lights are used 25.0% Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Salinas Multipurpose Complex Pavilion Rental $ 120.00 $ 120.00 per 4 hours 0.0% Youth Rental fee per field $ 40.00 $ 40.00 per hour 0.0% Adult Rental fee per field $ 50.00 $ 50.00 per hour 0.0% Football Youth/Adult Tournament Rentals fee less than 40 teams $ 250.00 $ 250.00 per day per field 0.0% Soccer Youth/Adult Tournament Rentals fee less than 40 teams $ 250.00 $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 teams $ 150.00 $ 150.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 200.00 $ 200.00 per day per field 0.0% Staff Utility and Building Fee $ 20.00 $ 25.00 per hour,when lights are used 25.0% E. Gymnasiums Rentals 4 hrs or more Hourly Rate $ 40.00 $ 40.00 per hour 0.0% Security Deposit per gym $ 50.00 $ 50.00 per rental,per gym 0.0% Staff Utility and Building Fee $ 75.00 $ 75.00 per rental 0.0% F. Court practice Ben Garza Gym Hourly rate $ 40.00 $ 40.00 per hour 0.0% Corpus Christi Gym Hourly rate $ 40.00 $ 40.00 per hour 0.0% G. Court Rental @ Outdoor Facilities(Tennis&Basketball Courts) Full Court $ 25.00 $ 25.00 per hour/3 hour Min. 0.0% Security Deposit Rental $ 50.00 $ 50.00 per rental 0.0% H. Youth Sports Cams Instructor/Citportions) Volleyball $ 65.00 $ 70.00 per child 7.7% Football $ 65.00 $ 70.00 per child 7.7% Basketball $ 65.00 $ 70.00 per child 7.7% Soccer $ 65.00 $ 70.00 per child 7.7% Nina $ 65.00 $ 70.00 per child 7.7% Baseball $ 65.00 $ 70.00 per child 7.7% Speed&Agility $ 65.00 $ 70.00 per child 7.7% Cheer $ 65.00 $ 70.00 per child 7.7% Sports&Splash(M-F; 9-4pm) $ 100.00 $ 100.00 per child 0.0% I. Athletics class fees lit Instructor/Cit split) Section 2.AQUATICS A. General Admission Youth 17&under $ 1.25 $ 2.00 each 60.0% Adults 18-59 $ 4.00 $ 5.00 each 25.0% Seniors 60&over allpools) $ 3.00 $ 4.00 each 33.3% Doggie Dip $ 6.00 $ 8.00 per dog&owner 33.3% B. Punch Card(11 admissions) Youth $ 20.00 $ 25.00 each 25.0% Adult $ 40.00 $ 45.00 each 12.5% Senior $ 25.00 $ 30.00 each 20.0% Annual Swim Passes Youth $ 200.00 $ 225.00 each 12.5% Adult $ 375.00 $ 435.00 each 16.0% Senior $ 300.00 $ 335.00 each 11.7% Seasonal Swim Passes(Spring, Summer&Fall*) Youth $ 75.00 $ 90.00 each 20.0% Adult $ 200.00 $ 230.00 each 15.0% Senior $ 175.00 $ 210.00 each 20.0% Family minimum of 4 members $ 300.00 $ 345.00 each 15.0% 2 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 unit %increase U.S. Swim Team Member(per season-short&long course) Youth $ 125.00 $ 150.00 each 20.0% Adult $ 175.00 $ 200.00 each 14.3% Spring:January 1 to April 30 Summer: May 1 to August 31 Fall: September 1 to December 31 C. City Swim Leagues City TAAF Swim League $ 60.00 $ 60.00 each 0.0% City TAAF Scholarship fee per session per child $ 30.00 $ 30.00 each 0.0% TAAF Regional Swim Meet $ 10.00 $ 10.00 each 0.0% TAAF Regional Swim Meet(relay) $ 20.00 $ 20.00 each 0.0% City Championship Swim Meet $ 5.00 $ 5.00 each 0.0% City Championship Swim Meet(relay) $ 20.00 $ 20.00 each 0.0% TAAF State Swim Meet Entries fee is set by TAAF D. Visiting Leagues Red&Green league $ 5.00 $ 5.00 each 0.0% Blue&Gold league $ 5.00 $ 5.00 each 0.0% E. Family Night Swim Five person family $ 8.00 $ 10.00 Per family 25.0% F. Splash Parties-2 hours All Pools 1 -: Number ofpersons) $ 300.00 $ 350.00 per party 16.7% additional 1 -50 people $ 50.00 $ 60.00 per party 20.0% during General Swim (up to 25 people) $ 150.00 $ 175.00 per party 16.7% G. Swimming Pool Reservation Agreement Fees(swim teams/instruction) Lane rental 25 and/meters per lane per hour $ 6.00 $ 7.00 per lane per hour 16.7% 25 and/meters pool per hour $ 45.00 $ 55.00 per hour 22.2% 50 meters per lane per hour $ 12.00 $ 15.00 per lane per hour 25.0% 50 meters pool per hour $ 90.00 $ 100.00 per hour 11.1% H. Special Usage Fee(training room $ 35.00 $ 50.00 per event 42.9% I. Deposit refundable cleanup deposit) $ 275.00 $ 300.00 per event 9.1% J. Additional City Staff(fees do not include set up or additional lifeguards) Facility set u $ 55.00 $ 100.00 per event 81.8% Lifeguards $ 20.00 $ 25.00 per staff 25.0% Computer Operator $ 20.00 $ 25.00 per staff 25.0% Timing Operator $ 20.00 $ 25.00 per staff 25.0% Laptop usage fee for swim meets $ 175.00 $ 200.00 per event 14.3% K. One Timing System (for out-of-city teams) One da $ 450.00 $ 450.00 per rental 0.0% Two days $ 650.00 $ 650.00 per rental 0.0% Three days $ 850.00 $ 850.00 per rental 0.0% L. Two Timing Systems(for out-of-city teams) One da $ 575.00 $ 575.00 per rental 0.0% Two days $ 800.00 $ 800.00 per rental 0.0% Three days $ 950.00 $ 950.00 per rental 0.0% M. Swimming Pool Instruction Fees Swim lessons $ 42.00 $ 50.00 per session per child 19.0% Special Needs Aquatics $ 50.00 per session per child NEW Private swim lesson'4-pack' $ 80.00 $ 100.00 per session per child 25.0% Scholarship fee $ 37.00 $ 50.00 per session per child 1 35.1% Water Aerobics/Aqua Fit 1 $ 5.00 1 $ 6.00 per person 20.0% Water Aerobics/Aqua Fit punch card 1 $ 25.00 $ 30.00 per person 20.0% 3 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Red Cross Classes Jr. Lifeguard Camp $ 75.00 $ 75.00 per person 0.0% Red Cross CPR/First Aid/AED Certification Class $ 65.00 $ 65.00 per person 0.0% Lifeguard Certification Classes $ 175.00 $ 200.00 per person 14.3% Lifeguard Re-Certification Course $ 50.00 $ 50.00 per person 0.0% Water Safety Instruction Training $ 185.00 $ 200.00 per person 8.1% Lifeguard Instructor Training $ 200.00 $ 200.00 per person 0.0% Section 3. RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 80.00 $ 125.00 Per rental,non-refundable 56.3% Additional hour rate for all facilities $ 55.00 $ 75.00 Per hour 36.4% Deposit for all facilities $ 150.00 $ 150.00 Per rental,refundable 0.0% Non-Profit Organizations 501(C)(3)or other community organizations $ 55.00 $ 75.00 Per hour 36.4% NOTE: Fees will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof of non-profit status required. A. Oak Park Recreation Center Entire Facility $ 180.00 $ 250.00 4 Hours 38.9% B. Joe Garza Recreation Center Entire Facility $ 200.00 $ 300.00 4 Hours 50.0% C. Oso Recreation Center Entire Facility $ 300.00 $ 425.00 4 Hours 41.7% D. Lindale Recreation Center Entire Facility $ 300.00 $ 425.00 4 Hours 41.7% E. Recreation Center Leagues Micro Soccer $ 50.00 $ 65.00 per child 30.0% Micro Soccer with late fee $ 70.00 $ 85.00 per child 21.4% F. Recreation Special Events Spring Break Fishing Cam $ 25.00 $ 30.00 per child 20.0% G. Recreation centers class fees lit: Specialist/City -65/35% Section 4. OSO BAY WETLAND PRESERVE A. Summer Cam -M-F 9a-12p, 5-15 year olds $ 99.00 $ 99.00 per person 0.0% Winter Cam -M-Th 9a-12-, 5-11 year olds $ 99.00 $ 99.00 per person 0.0% B. School Field Tris 1 -25 people) $ 75.00 $ 75.00 per group 0.0% School Field Tri 26-50 people) $ 150.00 $ 150.00 per group 0.0% School Field Tri 51 -75 people) $ 225.00 $ 225.00 per group 0.0% Private/Guided hike, 1 hour $ 75.00 $ 75.00 per group 0.0% Yoga classes 4 classes $ 40.00 $ 40.00 per person 0.0% Nature&Crafts $ 5.00 $ 5.00 per person 0.0% Birthday Parties $ 190.00 $ 190.00 per party 0.0% Family Field Investigations $ 5.00 $ 5.00 per person 0.0% Girl Scout Programs $ 10.00 $ 10.00 per person 0.0% Section 5. PARK AND FACILITY RENTALS A. Pavilions,Watergarden and Amphitheater Rentals West Guth Pavilion $ 160.00 $ 160.00 per rental 0.0% Key deposit $ 25.00 $ 25.00 per rental 0.0% Parker Pavilion $ 105.00 $ 105.00 per rental 0.0% Watergarden $ 220.00 $ 220.00 4 hours 0.0% Artesian Park $ 100.00 $ 100.00 4 hours 0.0% 4 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Amphitheater-For profit rate $ 425.00 $ 425.00 4 hours 0.0% Non-profit rate $ 270.00 $ 270.00 4 hours 0.0% Additional hours(Watergarden,Artesian,Amphitheater) $ 55.00 $ 55.00 per hour 0.0% Bayfr7ont Park $1,000 deposit) $ 2,500.00 $ 2,500.00 4 hours 0.0% Each additional hour $ 250.00 $ 250.00 per hour 0.0% B. Cultural Services Room Rentals(Galvan House) Regular Business Hours are Monday-Thursday, 9:00 to 5:00 p.m. Friday, 9:00 a.m.-2:00 p.m., Saturday, 11:00 a.m.to 2:00 p.m. Non-Business Hours are Monday-Thursday, 5:30-midnight Friday,2:00 p.m.to midnight; Saturday, 8:30-11:00;2:00-midnight and all day Sunday Items marked*require an additional charge of$75 during Holiday Season for decorations.The Holiday season lasts from Thanksgiving through the first week in January. First floor of Galvan House $ 420.00 $ 500.00 4 hours 19.0% Meeting Rooms $ 110.00 $ 110.00 4 hours 0.0% Bridal Suite $ 110.00 $ 110.00 4 hours 0.0% Kitchen $ 420.00 $ 420.00 4 hours 0.0% Rose Garden $ 420.00 $ 450.00 4 hours 7.1% Courtyard $ 625.00 $ 750.00 4 hours 20.0% The Plaza $ 400.00 $ 400.00 4 hours 0.0% Non-business hour rentals $ 105.00 $ 105.00 event/rental 0.0% Full package: First floor,Courtyard, Rose Garden Plaza&Kitchen $ 1,275.00 $ 1,500.00 /8 hrs 17.6% Partial package: (Courtyard,Rose Garden&Kitchen $ 850.00 $ 975.00 /5 hrs 14.7% Partial package: (Courtyard,First Floor&Kitchen $ 960.00 $ 1,100.00 /5 hrs 14.6% Partial package: First Floor, Rose Garden&Kitchen $ 745.00 $ 850.00 /5 hrs 14.1% Cultural Services Room Rentals Additional Hours for Rental $ 105.00 $ 105.00 per hour 0.0% Change of Date Fee $ 80.00 $ 80.00 per change 0.0% Change during final two weeks $ 105.00 $ 105.00 per change 0.0% Rehearsal Fee $ 100.00 $ 100.00 each 0.0% Run/walk-Heritage Park(Plaza Only) $ 265.00 $ 265.00 /4 hrs 0.0% Each additional hour $ 50.00 $ 50.00 per hour 0.0% C.The Water's Edge McCaughan Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% McCaughan Park-Multi Purpose Slab $ 50.00 $ 65.00 5 hours 30.0% Additional hour $ 10.00 $ 15.00 per hour 50.0% Non profit rate $ 40.00 $ 50.00 5 hours 25.0% Non profit additional hour $ 8.00 $ 10.00 per hour 25.0% McCaughan Park-Parkin Lot $ 75.00 $ 95.00 5 hours 26.7% Additional hour $ 15.00 $ 20.00 per hour 33.3% Non profit rate $ 60.00 $ 75.00 5 hours 25.0% Non profit additional hour $ 12.00 $ 15.00 per hour 25.0% The Great Lawn $ 500.00 $ 650.00 5 hours 30.0% Additional hour $ 100.00 $ 130.00 per hour 30.0% Non profit rate $ 400.00 $ 520.00 5 hours 30.0% Non profit additional hour $ 80.00 $ 105.00 per hour 31.3% The Great Lawn Parkin Lot $ 200.00 $ 250.00 5 hours 25.0% Additional hour $ 40.00 $ 50.00 per hour 25.0% Non profit rate $ 160.00 $ 200.00 5 hours 25.0% Non profit additional hour $ 32.00 $ 40.00 per hour 25.0% 5 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Sherrill Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% Old Shoreline Road Bed $ 500.00 $ 650.00 5 hours 30.0% Additional hour $ 100.00 $ 130.00 per hour 30.0% Non profit rate $ 400.00 $ 520.00 5 hours 30.0% Non profit additional hour $ 80.00 $ 105.00 per hour 31.3% McGee Beach $ 200.00 $ 250.00 5 hours 25.0% Additional hour $ 40.00 $ 50.00 per hour 25.0% Non profit rate $ 160.00 $ 200.00 5 hours 25.0% Non profit additional hour $ 32.00 $ 40.00 per hour 25.0% McGee Beach Pier $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% Entire Park $ 1,500.00 $ 2,000.00 5 hours 33.3% Additional hour $ 300.00 $ 400.00 per hour 33.3% Non profit rate $ 1,200.00 $ 1,600.00 5 hours 33.3% Non profit additional hour $ 240.00 $ 320.00 per hour 33.3% Old City Hall Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% D. Festival Fees Heritage Park $ 2,100.00 $ 3,000.00 per day 42.9% Heritage Park[non-profit festivals $ 1,050.00 $ 1,500.00 per day 42.9% Commercial Photographic Session $ 105.00 $ 105.00 4 hours 0.0% Non-refundable reservation deposit (applied to invoice if event is held $ 210.00 $ 210.00 per event 0.0% E. Historical tour fees Adults $ 7.50 $ 10.00 per person 33.3% Children under 12 $ 2.50 $ 5.00 per person 100.0% F. Cooking Demonstrations $ 10.00 $ 10.00 per person 0.0% G. City percentage of gallery sales 25% 25% 0.0% H. City percentage from caterer 10% 10% 0.0% Section 6. SENIOR CENTER RENTALS Facility rental fees below include staff supervision and cleanup 'Entire Facility'rate includes a 10%discount Additional hour rate for all facilities $ 60.00 $ 60.00 per hour 0.0% Set up Fee one-time non-refundable $ 75.00 $ 75.00 per event 0.0% Deposit(required for all recreational facilities $ 160.00 $ 160.00 per event 0.0% A. Non-profit Organizations-501(C)(3)or other community groups. Meeting space-per room $ 60.00 $ 60.00 per hour 0.0% Fee will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof on non-profit status required. B. Ethel Eyerly Senior Center Small Social Hall $ 195.00 $ 195.00 4 hours 0.0% Large Social Hall $ 265.00 $ 265.00 4 hours 0.0% The Large Social Hall will be made available to the general public only when not in use by senior citizens groups. Senior citizens groups have priority. Entire Facility-(excluding pool room $ 450.00 $ 450.00 4 hours 0.0% 6 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase C. Lindale Senior Center Large Community Room $ 265.00 $ 265.00 4 hours 0.0% Small Multipurpose Room $ 175.00 $ 175.00 4 hours 0.0% Entire Facility(excluding pool room $ 530.00 $ 530.00 4 hours 0.0% D. Greenwood Senior Center Large Community Room $ 265.00 $ 265.00 4 hours 0.0% Small Multipurpose Room $ 175.00 $ 175.00 4 hours 0.0% Entire Facility(excluding pool room &Rm#2 $ 456.00 $ 455.00 4 hours -0.2% E. Garden Senior Center Bluebonnet Room $ 310.00 $ 310.00 4 hours 0.0% Pecan Tree Room $ 181.00 $ 180.00 4 hours -0.6% Crepe Myrtle Room $ 125.00 $ 125.00 4 hours 0.0% Pecan Tree&Crepe Myrtle Room combined $ 223.00 $ 225.00 4 hours 0.9% (openpartition) Entire Facility(excluding Wellness Room/Saera Loeb) $ 550.00 $ 550.00 4 hours 0.0% Resource Center F. Zavala Senior Center(Wellmed) G. Broadmoor Senior Center Community Room $ 265.00 $ 265.00 4 hours 0.0% Entire Facility(excluding Library Room $ 300.00 $ 300.00 4 hours 0.0% H. Oveal Williams Center Community Room $ 300.00 $ 300.00 4 hours 0.0% Entire Facility-(Excluding Card Room&Arts&Crafts Room $ 475.00 $ 475.00 4 hours 0.0% I. Northwest Senior Center Activit Room $ 310.00 $ 310.00 4 hours 0.0% Meeting Room $ 134.00 $ 135.00 4 hours 0.7% Entire Facility(excluding Arts&Crafts and Wellness Room $ 496.00 $ 495.00 4 hours -0.2% J. Senior centers class fees lit: Specialist/City -65/35% Section 7. YOUTH PROGRAM A. Summer Recreation Program (drop in) Monday-Friday, 11a-4 8 weeks $ 25.00 $ 25.00 Per child 0.0% Scholarship fee per child per week $ 10.00 Per child NEW Scholarship each additional child per week $ 5.00 Per child NEW Late child pick-up(per 15 minutes)per family $ 5.00 Per family NEW Daily Drop In Fee $ 10.00 Per child NEW Section 8. LATCHKEY FBISD&CISD A. School Year(from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 99.00 $ 99.00 monthly per child 0.0% Monthly fee,each additional child $ 84.00 $ 84.00 monthly per child 0.0% Prorated months- 1st child x 3 months $ 87.00 $ 87.00 monthly per child 0.0% Prorated months-additional child x 3 months $ 77.00 $ 77.00 monthly per child 0.0% June charged as daily rate per child Registration involving 10 school days or less $ 50.00 $ 50.00 per child 0.0% Scholarship fee $ 60.00 $ 60.00 monthly per child 0.0% Daily drop in fee $ 15.00 $ 15.00 per child 0.0% Late childpick-up $ 10.00 $ 10.00 per 15 minutes per family 0.0% Late payment fee after the 1st $ 20.00 $ 20.00 per family 0.0% B. Summer Latchkey Program Week) fee $ 89.00 $ 89.00 1weekly per child 0.0% Scholarship $ 60.00 1 $ 60.00 1weekly per child 0.0% Late payment fee after 1st business day of week $ 20.00 1 $ 20.00 1 per family 0.0% 7 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Daily drop in fee $ 20.00 $ 20.00 daily per child 0.0% Vacation Station $ 20.00 $ 20.00 daily per child 0.0% Vacation Station Scholarship $ 15.00 $ 15.00 daily per child 0.0% CCISD C. School Year(from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 109.00 $ 109.00 monthly per child 0.0% Monthly fee,each additional child $ 94.00 $ 94.00 monthly per child 0.0% Prorated months- 1st child x 3 months $ 97.00 $ 97.00 monthly per child 0.0% Prorated months-additional child x 3 months $ 87.00 $ 87.00 monthly per child 0.0% June charged as daily rate per child Registration involving 10 school days or less $ 60.00 $ 60.00 per child 0.0% Scholarship fee $ 70.00 $ 70.00 monthly per child 0.0% Daily drop in fee $ 25.00 $ 25.00 per child 0.0% Late childpick-up $ 10.00 $ 10.00 per 15 minutes per family 0.0% Late payment fee after the 1st $ 20.00 $ 20.00 per family 0.0% D. Summer Latchkey Program Week) fee $ 99.00 $ 99.00 weekly per child 0.0% Scholarship $ 70.00 $ 70.00 weekly per child 0.0% Late payment fee after 1st business day of week $ 20.00 $ 20.00 per family 0.0% Daily drop in fee $ 30.00 $ 30.00 daily per child 0.0% Vacation Station $ 30.00 $ 30.00 daily per child 0.0% Vacation Station Scholarship $ 25.00 $ 25.00 daily per child 0.0% Section 9. SPECIAL SERVICES A. Permits and Miscellaneous Special Event Application Fee non-refundable $ 50.00 $ 50.00 per permit 0.0% Small Special Event Permit 0-500 attendees $ 100.00 $ 100.00 per permit 0.0% Small Special Event clean-up deposit $ 1,000.00 $ 1,000.00 per event 0.0% Medium Special Event Permit 500-1000 attendees $ 200.00 $ 200.00 per permit 0.0% Medium Special Event clean-up deposit $ 2,000.00 $ 2,000.00 per event 0.0% Large Special Event Permit (greater than 1,000 attendees $ 400.00 $ 400.00 per permit 0.0% Large Special Event clean-up deposit $ 4,000.00 $ 4,000.00 per event 0.0% Beach/Park wedding $ 100.00 $ 100.00 per event 0.0% B. Vendor Permits Skatepark $ 350.00 $ 350.00 per month 0.0% Gulf Beach Vendor(Fixed) $ 225.00 $ 225.00 per month 0.0% CC Beach and McGee Beach(Fixed) $ 150.00 $ 150.00 per month 0.0% CC Beach and McGee Beach(Mobile) $ 50.00 $ 50.00 per month 0.0% Vendors for Special Events $ 150.00 $ 150.00 per day 0.0% Inflatable games vendor $ 220.00 $ 220.00 Permit 0.0% Security Deposit $ 250.00 $ 250.00 Permit 0.0% Water's Edge Food&Beverage $ 400.00 $ 400.00 month) Mar-Oct 0.0% $ 150.00 $ 150.00 month) Nov-Feb 0.0% Water's Edge Rentals $ 200.00 $ 200.00 month) Mar-Oct 0.0% $ 75.00 $ 75.00 month) Nov-Feb 0.0% C. Labonte Park-3-day camping ermit for designated holidays $ 25.00 $ 28.00 3-day permit 12.0% Easter, Memorial Day,4th of July, Labor Day $ 50.00 $ 55.00 3-day permit(RV) 10.0% Only 2 consecutive permits or 6 days/month D. Daily vehicle entry fee $ 2.00 $ 3.00 /vehicle/day 50.0% Entry to community arks for Holiday weekends orspecial events $ 5.00 $ 6.00 /vehicle/weekend 20.0% Section 10. PILOT PROGRAMS The Parks and Recreation Department is authorized to implement pilot programs based on community requests and trends. Cost recovery will not exceed 40%for youth programs(excluding Latchkey). Section 11.SCHOLARSHIP FEES Scholarships as shown are provided to youth based on financial need for program activities. Eligibility criteria is the same as used by school districts for the free/reduced-cost lunch program. 8 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit /increase Section 12. REFUND POLICY Refunds for all Parks and Recreation fees will be processed for a period up to thirty(30)days from the date of payment. This schedule of fees and charges has been submitted to the City Council for review and approval effective October 1,2018. APPROVED: E. Jay Ellington, Director of Parks and Recreation Date 9 SC F U conpoRN I AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6001 Crosstown Expressway (State Highway 286) (3/4 Vote Required) CAPTION: Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (3/4 vote required) PURPOSE: The purpose of this item is to allow for the construction of a medical office building. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 8, 2018)and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1 . Deny the request. 2. Approval of the "CN-1" Neighborhood Commercial District (3/4 vote required) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "CN- 1" Neighborhood Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Joshua Kosarek ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Joshua Kosarek ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357) (the "Property"), from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District (Zoning Map No. 049037), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 3 of 5 Exhibit A MURMAY HASs,1k.,P-P,0.P.LS IUS4 S At_ARAZDA,If?79404 Ntx0M M. w01.111,P.6.R.P.LS. 361 64:.!321—VAX 361 982.1263 "W,E811-7ttt4D,.lIlff e•tssll:aturrsrirdosoLCUM c•arul.D,jmrfd oaf cum BASS & WELSH ENGINEERING 7'X Registration No. F-52 Surrey Rettistratloo No. 100027.00 P.O.Boa 6397 Corpus Christi.TX 74466.6397 .Arlt'14.2016 Field Nob Descrlpdon Tract"A" Being a tract situated In Corpus Christi,Nueras County,Texas.a portion,of that 3894 acre tract described In the feet MY of Amo W.Behmann,Cause No 282154 of the Probate Records,County Clerk st Law,No. 4,and bung more pallculary described by metes and bounds as follows: BEGINNING at a TxiHT Brass disc eat In ocncrste found for the rxxtPeast corner of the 38.94 acre bad,said polm being also the southeast comer of he remalnder portion of Lot 1,Block 2,Cabardas Acres,as shown on the map thereof recorded In Volume 10 at Page 2A of be Map Records of Nueces County.Texas,said polifl lying in the west dight-of-way the of Slate HtWvw y 286; THENCE S29'50'121N a lorg the west right-cf-way line of State Highway 288,a dstanoe of 440.77 feet to a 5.8 Inch Imn rod set for the southeast coater of trtis tract; THENCE N81'5320'W a distance of 1280.89 feet to a 518 Inch ion rod sat for the souihwast corner of this "cl,said point lying In the"al boundary of a 0 486 sae vast ocdkxted for atrest rlghl-ol-wet',es doscrtbed rn Document No.2018014152.of the 01Aclel Public Records of Nuecas County.Texas; THENCE N28'38'63'E stoup the east boundary of uld 0.488 acre tract at 351.22 feet pass the rmtheast comer of the 0.488 acre Nast altd the southewt comer of a 25 loot by 89 foot tract that was saved-snd- eccepted from the 38.94 acre tact to s 1/2 Inch ton rod found for the^otftwest comer of this tract,said poem being the souOm"cornu of Lot 12,Block 2 of the heretofore referenced Cabanas Acres floor the norlhwsst comer of this tract, THENCE 681'61'45E along the north boundary of l^e 38.94 acres and the south boundary of Block 2 Cabsrwss Acma a distance of 127028 feet to the POINT OF BEGINNING for►ring a tract embracing 12.809 soros �URBAY��HASS�JfI � ...2ir2s IA rfay Pane,fr.,R P L 3 dole:Basta of Bsairtil;Is Stats or Toxas,Lsrttasrt Gid.SxM Zone,NAC t 927 MB.ltsa6 03061-tivM Notes-Troaktice EXHIBIT "A' Peon'of 1 Page 1 of 4 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 4 of 5 Exhibit B Ram ,.� rl- III! �� � t► w►FAi lr11EEi i B Esm NUl pip t qj!. —..4w 41V---- PARTITION Q PARTITION GAJMV PORTION Of LOT S.•ECTION T •+ a! OONONAN COl ONT LAWN awn C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE4F9A\@BCL@3COE4F9A.docx Page 5 of 5 Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Joshua Kosarek ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Joshua Kosarek ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357) (the "Property"), from "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District (Zoning Map No. 049037), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 3 of 5 Exhibit A MURIMAY BAtt,JR.,PJ3,R-P.LS 3054 5 ALAMaOA,It?72404 P N1xoR M. WBL7N, .66RA.L5- 361 182.3321—►Ax 361 682.1265 fYir enLversh.ro� s-mall:Muff RlirdonatCom t.Mall:o:�w•r aor.aum BASS & WELSH ENGINEERING 7X Registration, No. F-52 Survey Registration No, 100017.00 P.O.Dor 6197 Corpus Christi,TX 78466.6391 July 14,2018 Field Nob Descrilidan Tract"A" Being a tract situated in Corpus Christi,Nueces County,Texas,a ponbor,of that 38.94 ave tract described In the tart wig of Arno W.Behmanin,Cause No 26215-4 of the Prooate Records,Cotnty Clark sl Law,No. 4,and being more pallata^y described by metes and bounds as follows: BEGINNING at a TxDOT Brass disc set In tcncrae found for the northeast comer of the 38.04 acre trad,said point being also the southeast comer of be remainder pareen of Lot 1,Block 2,Catunbe Acres,as shown on the map thereof reco*ded In Volume 10 at Page 210 of the Map Records of Nueces Canty,Texas,said point lying In the west AaM-of-way line of Slate Highway 2013; THENCE S20'50'12'W alorg tha weal right-cf-way line of State Highway 266,a dsfance of 440,77 lost to a 5!8 Inch tron rod set for the southeast co'ner or anis trod; THENCE N81*53'20'W o distance of 1280.80 feet to a 518 Inch iron rod sal for the sout rwast corner soar this VaCt SM poNd tying In the east boundary of a 0 488 acre tract do6celad for street rightof-way,as doscrbed In D11c1m1ent No.2011110114152.of the Official Pc.Ocrc Records of Nueces County,Texas: THENCE N28'38'63'E along the east boundary of sold 0.488 acre tract of 35122 fee!pees the r<niheast coma of lho 0.488 acre tract and the socthewt comer of a 25 toot by 80 fool tract that was saved-and- exuptod from the 38.64 acre tract to a 112 Inch Ion rod four#for the"o.Vwmat comer of this tract,Mid po+M being the southwest carne+of Lot 12.Block 2 of the heretofore referenced Cabaniss Acres Nor Via rlorYtwest comer of this tract, THENCE 681.61'45E along the north bounds-y W to 38,r64 acres and the south boundary of Block 2 Cabsniss Acres a distance of 1270 28 feet to the POINT OF BEGINNING fonring a tact embradng 12.800 acres. .. .. SASS,. �.. 2t�9 'y� IA rcsy Base,Ir.,R.P.L.S. Note:Bei orasahnp a GWA or Terea,Lsr t l Gid S:xah Zoon,NAC•a2r wai'sab 03061-tieW Nolow"f aNLCLC EXHIBIT "Aa' Pepe'or t Page 1 of. 4 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 4 of 5 Exhibit B If K. I CROMO MJ QPWT III lip , Y M PARTITION SJAV" �,�• PORTION OF LOT R ACTION 7 o S J soR �AN coLo«r LANo� oo.u.aw.n rwu y_ ==i— C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@3COE9133\@BCL@3COE9133.docx Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0818-01 INFOR No. 18ZN1017 Planning Commission Hearin Date: August 8, 2018 Owner: Joshua Kosarek = Applicant: Orthopedic Associates of Corpus Christi, PA aM Location Address: 6001 Crosstown Expressway (State Highway 286) Legal Description: Being 12.809 acres out of a 38.94 acre tract Section 7, Lot Q2, Bohemian Colony Lands, located on the west side of the Crosstown o Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357). From: "RS-6" Single-Family 6 District ._ = To: "CN-1" Neighborhood Commercial District io Area: 12.809 acres Purpose of Request: To allow for the construction of a medical office building. Existing Zoning District Existing Land Future Land Use Site "RS-6" Single-Family 6 Vacant Medium Density = Residential ca a� Low and Medium and High •o ? North "RS-6" Single-Family 6 Medium Density Density Residential 0 Residential = Medium Density South "RS-6" Single-Family 6 Vacant N Residential LU East "IL" Light Industrial Public/Semi- Public Light Industrial West "RS-6" Single-Family 6 Public/Semi- Medium Density Public Residential Area Development Plan: The subject property is located within the boundaries W of the Westside Area Development Plan and is planned for commercial uses. M o The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q Map No.: 049037 Zoning Violations: None = Transportation and Circulation: The subject property has approximately 440 ° feet of street frontage along the Crosstown Expressway (State Highway 286) which is designated as an "F1" Freeway/Expressway and has approximately ° 440 feet of street frontage along Martin Street which is designated as a "Cl" CL N Minor Collector Street. According to the Urban Transportation Plan, "Cl" Minor L Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type South Padre "F1" Freeway/ 400' ROW 405' ROW Island DriveN/A Expressway Varies paved 288' paved SH 358 N60' ROW 60' ROW Martin Street "Cl"Minor Collector N/A 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District to allow for the construction of a medical office building. Development Plan: The subject property is 12.809 acres in size. The owner is proposing the construction of a medical office building. South Texas Bone & Joint plans to continue a 40+ year commitment to advanced, subspecialty surgical care by expanding to the property located along the Crosstown Extension between Holly Road and Saratoga Boulevard. Development plans include an 80,000 square foot, 3-story medical office building bordered by a 24-hour Emergency Room The property will house South Texas Bone & Joint which will provide sub-specialty orthopedic physical therapy, rehabilitation, and diagnostic imaging and musculoskeletal ultrasound care represented by nine surgeons, two primary care sports medicine physicians, seven mid-level physician assistants, and orthopedic nurse practitioners. The practice has nearly one- hundred support staff members. Included in the building will be a full service state-of- the-art outpatient surgery center with advanced robotic and digital technologies. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday, with late evening and lunch-hour appointments available on select days as well as Saturday morning options. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of vacant land, and has remained undeveloped since annexation in 1962. To the north and south along the Crosstown Expressway (State Highway 286) vacant tracts to the south or older single-family residences (Cabaniss Acres, 1946) to the north zoned "RS-6" Single-Family 6 District. To the east and across Martin Street are vacant properties zoned "RS-4.5" Single-Family 4.5 District and the new Los Encinos Elementary School. To the west and across the Crosstown Expressway are vacant properties zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial ("CN-1" Neighborhood Commercial) and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood in regards to noise. • The rezoning would encourage future commercial development of vacant lands to the south and further develop the extension of Martin Street to the rear of the properties. Staff Report Page 4 • The limited hours of operation of 8:00 a.m. to 5:00 p.m. would reduce any potential negative impacts from occurring. • While the "CN-1" District does not allow more intense commercial uses such as Mini- Storage, Bars, and Night Clubs. However, the "CN-1" District has no restriction on the size of restaurant uses or retail development. • Staff has concluded that the adjacent neighborhood would be better protected by the "ON" Neighborhood Office District versus the "CN-1" Neighborhood Commercial District. • The "ON" District would act as a buffer between future development of the medical campus to the south and the remaining single-family residences. The "ON" District has increased side setback requirement of 20-feet vs. 10-feet as required by the "CN-1" District. The "ON" District also allows a height of 45 feet, however, the 2:1 setback protection as per section 4.2.8 of the UDC is still applicable. • The "ON" District allows some limited retail/restaurants uses but they must be clearly secondary and accessory to the primary use of the medical office building. • Additionally, a Type B buffer yard will be required for the northern property line adjacent to the Cabaniss Acres Subdivision and on the southern property line where the remainder tracts are zoned "RS-6" District. A Type B buffer yard consists of a 10-foot wide buffer and at least 10 points. Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 10 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-01 Joshua Kosarek\Council Documents=Report_0818-01 Joshua Kosarek.docx Staff Report Page 5 �r RS-r �s Q s � ly As ri 16 1 2 12 ra fo Rm-} a 22 RS-a.5 r7 i8 5 N /SUBJECT - 22 PRO ERTY/ 13 Q� 0 k � �C. fL m6 C— d a7 WMI pp rvn 0 By: nrr dot' 8 Feer fA rari]evelopnw.Rrsarvwss CASE. 0818-01 ZONING & NOTICE AREA Ra-, Ydranlp1 IL ugtlnm iul �{^ Ra-s xvMr.nlcs w xrrvY Mnv[mr a Rll-E NrdFanlry a ruo Funn•o Uel mv.aveNeY aN Rmb[conal a[RP• Rf-,• >MOrsFxm iy 10 M1-Ai x�aYaml}r AT Ri-0 awrMFaIFY B CII-1 Ne�M1bbrMotl Comma mxl Ri-0b>brlFFai�4.E d1-3 N•YJM1Gb�Motl Camma mYl RiTF Tela-Hn� CR-, R•wN Commaml•3 Ra-1a NnplsFa��1G cR-P R•[aA cammamxl en4ie dr• Co.1 9,n•rr Comrne rc,r RS Tx TVYN RRRIN� W-Y V•n•Yr Comrne rcdr fF 6PePir hrmF a d rl.nawaomme[w.l Ru Fll— .AV•Mcb Pak !� d SUBJEC ceo c•wnlowa commeml•i ; 1'RO Y FAIR Manuleol u�etl Han• dR-a MwA Commem]•1 RY Fa ml Rv�al x N[lorba wrlp �� /�V MBPP MUR�� �hi4�ty /�V �{Tyry`�' ..xr1 1.�cf 4anvs M2 .0 ktln v Oren LOCA ION M4 L'0."v'tl onicr95W 9!h /,h[�nilTFl Staff Report Page 6 Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incapacidades, que limen la intention de asistir a ester julta V qua requieren servicios especiales, se les suplica que den aviso 48 horas antes oe la junta Ilarnando al departamento do serviaos de desarrollo.at numoro(361)826-3240. If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Sr usted desea dirigirse a la commission durance la iunta v su ftlds es lirrwtado, favor de Ilamar al departamento de servicios de de5arrollo al numero(361)826-3240 al mens 48 horas antes de la junta para soliatar un interprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0818-01 Joshua Kosarek has petitioned the City of Carpus Christi to consider a change of zoning frorn the"RS-6" Single-Family 6 District to the"CN-1"Neighborhood Commercial District.resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 6001 Crosstown Expressway(State Highway 286) and being 12.809 acres out of a 38.94 acre tract Section 7, Lot 2, Boherrian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Raad, and north of Saratoga Boulevard(State Highway 357). The Planning Commission may recommend to City Council approval or donial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public Clearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT 5FRVICES DEPARTMENT, P O BOX 9277.CORPUS CHRISTI TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal.either at home or office,or in parson, by telephone call or by letter.. I Q Printed Name: �;t-� Addre 1 l I O City/State �a V` ' ( IN FAVOR ) IN OPPOSITION Phone:3bi — `O —2--b 0 0 REASON: N,/ 1 04 Signature SFE,WAP ON REVERSE SIDE Case No.0818-01 INFOR Case No:187NI017 Project Manager Andrew Dimas Properly Owner ID:0 Email andTewd2acc:texas.com Zoning Case #0818-01 Joshua Kosarek Rezoning for a Property at 6001 Crosstown Expressway (SH 286) City Council Presentation September 18, 2018 �O�pu9 CyR� i r J y l85 ,fir , �Q) -`• `. S., - ' �Na ti Aerial Overview L psi,-✓ 1 �� � #: no Hca .`'�•. °:,E Yt Subject Property at 6001 Crosstown Expressway Fs ItS .�,� LrIrS.:ArL7r311 L! � 4 .t- Vicinity h(ap. g � : ��Sbr.;k fapa d ,F�ntr ib to , orz n " ,,,y 'CCEsfrve C'mmare Sh Alk. aou zoap.. Lire e�CC BY-SC) 3 a Zoning Pattern FIN4 ��CI 19773 losi 1@03Qat e� _ s 10@2 Q obloss OL 4 Planning Commission and Staff Recommendation Denial of the "CN-1 " Neighborhood Commercial District in lieu thereof Approval of the "ON" Neighborhood Office District GO F v N�PnRP11 AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 4441 South Alameda Street CAPTION: Case No. 0818-02 Texas Star Investments, Inc: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. (3/4 Vote Required) PURPOSE: The purpose of this item is to allow for the construction of an automated car wash. RECOMMENDATION: PlanningCommission and Staff Recommendation (August 8, 2018)and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Approval of the "CG-2" District. (3/4 Vote Required) OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0818-02 Texas Star Investments, Inc.: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Texas Star Investments, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Texas Star Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 042038), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 2 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 3 of 4 CG-2 RM- CG-2 R15l-3 ry SUBJECT PROPERTY 2 i} 1 0 4 � 18 9 fl ro rs y 6 r2 co S{ r� rs r`� a s 14 3 Q� 47 -Y � fl mN�clea�:.�rzaaals pR ,rRu}6 17:H oa $OF'PP C ❑p fNCpfr6l C9f�Yd11pJxRr9hCS9fVfc9d CASE: 0818-02 ZONING & NOTICE AREA Fad-I M.a..rawly I IL Llgjltl.d.flaal `. PoA-E Mu^Yarnly2 G Neairy imm�[Mtl RM-b Mum Ymmiyb "D Aon nemumi Oexpn-4} pgl 4roftr FFbntl offbo- R4-1e a4pla-iamb l4 WA-AT NpAliunly AT R3-0 pnplo-Fambe "b FRIn Negnaornoam comnerca.f RS4.E�plo-Famb 4-d 5!/ ECT col-s NtrgF6orinae ComntrrolFl R3-TF iVno-Farn$ OFiNTY qR-1 Re roH C©mmere4l R3-16 SMpY}Famb 1# Sm-g RewH Commere4l y� Rtr FoiewllFl E[iaitr Fm-� Oantrrtl Comntrrsltl ftl TH ibwl aeauee `tg, W-2 otrntrrN oommtrrmltl �n #eeotel Permp fi mbnravncenn.rme.! fSW fbaeatlpnal ven c P Bart SS9 oowngcwa Fommtrrc4l MH NarrupaoYuretl Home [ iXt-t RewH cernmere4l TR Fa lm Rprtl H N1[IorbO�e Am 6P qua Mtr[FFSA. LL . FAAV .tt�_xr}.R• M 0.a• �. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EB103\@BCL@340EB103.docx Page 4 of 4 Case No. 0818-02 Texas Star Investments, Inc.: Ordinance rezoning property at or near 4441 South Alameda Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Texas Star Investments, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Texas Star Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 042038), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall only be permitted daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 2 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 3 of 4 CG-2 RM- CG-2 R15l-3 ry SUBJECT PROPERTY 2 i} 1 0 4 � 18 9 fl ro rs y 6 r2 co S{ r� rs r`� a s 14 3 Q� 47 -Y � fl mN�clea�:.�rzaaals pR ,rRu}6 17:H oa $OF'PP C ❑p fNCpfr6l C9f�Yd11pJxRr9hCS9fVfc9d CASE: 0818-02 ZONING & NOTICE AREA Fad-I M.a..rawly I IL Llgjltl.d.flaal `. PoA-E Mu^Yarnly2 G Neairy imm�[Mtl RM-b Mum Ymmiyb "D Aon nemumi Oexpn-4} pgl 4roftr FFbntl offbo- R4-1e a4pla-iamb l4 WA-AT NpAliunly AT R3-0 pnplo-Fambe "b FRIn Negnaornoam comnerca.f RS4.E�plo-Famb 4-d 5!/ ECT col-s NtrgF6orinae ComntrrolFl R3-TF iVno-Farn$ OFiNTY qR-1 Re roH C©mmere4l R3-16 SMpY}Famb 1# Sm-g RewH Commere4l y� Rtr FoiewllFl E[iaitr Fm-� Oantrrtl Comntrrsltl ftl TH ibwl aeauee `tg, W-2 otrntrrN oommtrrmltl �n #eeotel Permp fi mbnravncenn.rme.! fSW fbaeatlpnal ven c P Bart SS9 oowngcwa Fommtrrc4l MH NarrupaoYuretl Home [ iXt-t RewH cernmere4l TR Fa lm Rprtl H N1[IorbO�e Am 6P qua Mtr[FFSA. LL . FAAV .tt�_xr}.R• M 0.a• �. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE44CC\@BCL@5COE44CC.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0818-02 INFOR No. 18ZN1018 Planning Commission Hearin Date: August 8, 2018 = Owner: Texas Star Investments, Inc. m M � Applicant: Todd Morgan (CARisma Car Wash) Location Address: 4441 South Alameda Street Qm Legal Description: Lot 1B, Block 1, Windsor Park, located on the south side of o South Alameda Street, east of Everhart Road, and west of Airline Road. From: "CN-1" Neighborhood Commercial District _ To: "CG-2" General Commercial District io Area: 0.52 acres Purpose of Request: To allow for the construction of an automated car wash. Existing Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Commercial Commercial = Medium Density High Density North "RM-3" Multifamily 3 Residential Residential N "CN-1" Neighborhood cSouth Commercial Public/Semi-Public Government "CN-1" Neighborhood w East Commercial Public/Semi-Public Government West "CN-1" Neighborhood Commercial Commercial Commercial Area Development Plan: The subject property is located within the boundaries 06 of the Midtown Area Development Plan (ADP), formerly known as the CL r_ Southeast Area Development Plan (ADP) and is planned for commercial uses. M ° The proposed rezoning to the "CG-2" General Commercial District is a o inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the aproposed use. Map No.: 042038 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 182 feet of street frontage along South Alameda Street which is designated as an L ° "A2" Secondary Arterial Street. According to the Urban Transportation Plan, a N "A2" Secondary Arterial Divided Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type }' South "A2" Secondary 100' ROW 105' ROW 15,572 ADT Alameda Street Arterial Street 54' paved 65' paved (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the construction of an automated car wash. Development Plan: The subject property is 0.64 acres in size. The owner is proposing the construction of a 2,400 square foot automated car wash. The automated car wash will have between 3 and 5 employees. The hours of operation will be from 8 am to 8 pm. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and was formerly Gill's Nursery. The subject property is zoned "CN-1" Neighborhood Commercial District, annexed in 1941, and is platted. To the north, across South Alameda Street is a multifamily apartment complex (Alameda Apartments) zoned "RM-3" Multifamily 3 District. Additionally, to the northwest there are other commercial properties along South Alameda Street zoned "CN-1" Neighborhood Commercial District (Restaurants) or "CG-2" General Commercial District (H-E-B). To the south is a mostly vacant 60-foot wide lot with a telecommunication antenna. South of this property is a single-family residential subdivision (Windsor Park Subdivision) zoned "RS-6" Single-Family 6 District. To the east and west are commercial properties zoned "CN-1" Neighborhood Commercial District and consist of a restaurant, insurance office, and a hospice center medical office. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. The following policies should be considered: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Lighting from non-residential uses should be directed away from residential areas (Southeast ADP, Policy Statement B.2) • Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect. (Southeast ADP, Policy Statement B.2) • Placing low intensity activities next to single family uses. (Southeast ADP, Policy Statement B.2) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use • The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood in regards to noise. • Existing commercial properties to the south, east and west are zoned "CN-1" Neighborhood Commercial District. • A 60-foot wide commercial property to the south with a telecommunication antenna will act as a buffer between the subject property and the single-family residential subdivision (Winsor Park). • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 8 a.m. to 8 p.m. would reduce any potential negative impacts from occurring. • As in previous car wash projects a question of noise has arisen. This proposed automated car wash will have vacuums. However, the latest trends in car vacuums is typically a single underground unit that has multiple access points to parking stall stations for use versus the traditional individual vacuum unit at each use area. • If the "CG-2" General Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 19 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 1 inside notification area o — 0 outside notification area z In Opposition — 5 inside notification area a — 0 outside notification area Totaling 13.57% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 5 B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-02 Texas Star Investments,Inc\Council Documents=Report_0818-02 Texas Star Investments,Inc.docx Staff Report Page 6 CG-2 Rm- CG-2 RM-3 ro 4114, SUBJECT PROPERTY 4 0 4 �J H Q f0 i6 � ZFr 6 12 CD 5th ra rs 0 a ra _3 s-c i Q� PO SOL" ce�.aroren:ar oeva�Dprnen,SCR^,t CASE: 0818-02 ZONING & NOTICE AREA f RM-1 Runvanirpt IL l9gIt ntiui YlY :F FAI-g Nual'aT1yY N 14-r lndacWY iM-1 NwAFama�r E FUDlo- F ..d DY9 D.O—Mr �X Fre leir.bnY Dniom R3-10 �rGimFanb lO 31n ' AA1-Ai MLisr AT R36 pFam■}! cri-1 awlnAIlr—b nlb aaroa a;o..�.ru.l Ri�.s Hind ECT r-Fam�4d c� 5L+ M2 wldnnorlwda D&sine rcYl R3-rF Two-FmrnW _ ©PRTY M-1 Ra MCmmmare4l R3-15 Mg.—k 1. CR-gRm wA Cemnnro4l RE ReaidenWEMA* CD-1 DanmFYCansnm Mm Rf TH TO'Mnnome Po; C6-Y DeRerY CnnnardY �. ipeM De'T el 46n Mva Cmsinerc4l � I�creat7Dnai venZB Park CBD Dawnlmwn Connere4l pls Menulaoiuretl Horne M., ft—1 Cennerc4l Fit Fa.—R—Y M —4—Dv MC Bp Bu cinmcc Pas. A . �M FI-21 ===4 O rd 4 n.==-hnm� =— X ,„ne, ZDCATIdAf Ad4� w'm•tl"p Sih.�e Fe'pmi'�n Staff Report Page 7 ,p 125-00' _- 0 1':i0 li II � I ■ l i l I I I I i I I I pm di caul o aol I I rn o o o° g � I IIII � 3 I III I Tl� I I I I �-- T I I I I I I I I I I I T 130'-0" r III � � III T Ir I I I I I I I I I I 30'-0" --- ------ --- -I-----� 125.00' Staff Report Page 8 Persons will isabilities planning to attend this meeting. who may require special services,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incaoacidades. cue lienen la intenci6n de asistir a esta iunta y we rewieren servicios esoegales,se les suclica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrolto,al r0mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting, Si listed d_ es6ra die a la Commission durante la ''junta Y su indAs es liriitado, favor de liam,7--o deoartamento de serv' 'os de desarrollo ai nstmero_1361)826-3240 al menos 48 horas antes de la Junta Gara solir i tar un int6rprete ser presente durantela'un,a CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning 'rom the'CN-1" Neighborhood Commercial District to the "CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as. 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road. The Pianning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OIJf,SIGNED BY THE CURRENT PROPERTY OW NER(s)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O.BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by talephom call or by letter. Printed Name:�e Address: Y-01/ 1n1F 5 Le Y Cly/State: ' ✓ cgwirT 1�G1�f'-.� tom. ( ) IN FAVOR (.,TK OPPOSITION Phone: 3L/ 9Yxl y��p REASON: LI"i t4//iR /�i` STy�cJ vp /fly }end �.-,7 Signatu SEE MAP ON REVERSE SIDE Case No,0818-02 INFOR Case No.:187-N1018 Project Manager:Andrew Dimas Property Owner ID.5 Email-andrewd2@cclexas corn Staff Report Page 9 Persons wrlh disabilkies planning( attend this meeting,who may require spl I services, are requested to conimit the Development Services Department at least 48 hours in advance at(361)820-3240.Personas cqn incepi001deka. Sure tiener la_intencion de asistir a_Uta iunta v clue reguierertserv,cios eso?isles_ se Ie5 512ca clue den aviso 48 horas antes de la junta Ilamando al depanamento de servicios de desarrollo,at humero(361)826.3244. If you wish to address the Commission during the meeting and your English is limited.please call the Development Services Department at(361)826-3240 at least 48 fours in advance to request an interpreter be present during the meeting. Si usted desea dirroirse a la commission durance la 1unta v su inches es limilado_ favor do hamar a1 departamento de servicios de desarrollo al numero(361)826-3240 at menos 48)oras antes de(a junta para sol char un lrriArorete ser presents durante Ia lunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1,Windsor Park, located on the south side of South Alameda Street, east of Everhart Road, and west of Airline Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TUBE ON R— ORD,TMIST BLED S BY THE CURRENT PROPERTY OWNERf 5)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O.BOX 9277,CORPUS CHRISTI,TEXAS 78489- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission iy.Laws,norNscuss On sha�Ftie-hold—by a member or members o this Commission with an applicant or appellant concerning an application or appeal,ekher at home or office,or In person, by telephone call or by kticr. Printed Name: - Address: I L I r G II 4J City/State: / r,� IN FAVOR ( }IN OPPOSITION Phone: 70 72% �aj 2 REASON: Signature SEE MAP ON REVERSE SIDE Case No 0818-02 INFOR Case No.:18ZN1018 Project Manager:Andrew Dimas Property Owner ID:13 Emall.andrewrd2Qcctexas com Staff Report Page 10 Persons with disabilities planning to attend this meeting.who may require special services,:ire requested to cortact the Development Services Department at least 48 hours in advance at(361)826-3240 Personas con incapacidades, qJe tienen la intengign de psJ$Iir a esta juntay sue re•-uieren serviaos esoecinJes se les su9lica sue den aviso 48 horas antes de la junta Mamando al departamento de servicios de desarro0o,al numero(361)826-3240 if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826.3240 at least 48 hours in advance to request an interpreter be present during the meeting. 51ysted desea d ngirse a la commission duranle la iunta v su ingles es limitado. favor de Ilamer al deRElamen1g de servicios de desarrollo al numero(361)826-3240 at menos 48 horas antes de la junta para solicitar on inl$rorete ser presente durante la lunla. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the-CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. T he Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the Cily's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Councjl Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD.THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PKOPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name: Address: Yy�0 Gr��</h�i City/State:� K�r` -�i,' ( ) IN FAVOR ( 1114N OPPOSITION Phone: REASON: le- /`7 C 11&-%)o g 0 r.( o `��/ 0— �l rf�rl rf�l4 . 177 A y G E /� elol�ji�,q ..�1 �1,aT.t. ��>S�ii� �co r'y S/v� C'an,.�fi ��o✓�-i �il �5 �a f;`7 Signature SEE MAP ON REVERSE SIDE Case No.0818-02 INFOR Case No.:18ZN1018 Project-Manager.Andrew Dimas Property Owner ID+7 Email andrewd2@cctexas.com Staff Report Page 11 Persons with disabilities planning to attend this meeting,who may require special services,are requested to oontact the Development Services Department at least 48 hours in advance at(361)8263240 Personas con incaoaWades. gue tienen la intencrvn de asistir a esta junta y qVV r_Vquierryn servicios esppc,ales, se les suolica due den aviso 48 horas antes de la iunta Ilamando al dlepartamento de�5ervicros de desarrollo,at numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usled desea diricirse a la eommisslor durance la iunta v so Inoies es hm tado, favor de Hamar at deaartemento de semcios_dedesarrollo at numero 1361)826-3240 at meso_s 48 horas antes de la junta Dara solicitar un"6rprete ser presence duranle la junta. i CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc. has petitioned the C ty of Corpus Christi to consider a change of zoning from the"CN-1"Nelahlo9rhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, If inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 a.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O.BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. 1 Printed Name:R'4�►Ct� �e�syr, l�l t xr� �4-et eh, Address: City/State- Ch ,I r- I -!I- ( ) IN FAVOR (UIN OPPOSITION Phone: .>U S Ll REASON: -W-A �,DOv5-P--. Willy &LJ Signature SEE MAP ON REVERSE SIDE Case No,0818-02 INFOR Case No: 18ZN1018 Project Manager:Andrew Dimas Property Owner ID 10 Email andrevrd2@cctexas.com Staff Report Page 12 Persons with disabilities planning to attend this meeting,who may require specW services,are requested to contact the Development Services Department at least 48 hours In advance at(361)826.3240. Personas oon Incaoacidades, aue tienr3n la intention de asistir a esta junta v aue reauleren servic"esoeciales.se les sutalica aue den av*o 48 horas antes de la wnta Ilamando all departamento de servicios de desarrollo,al numero(361)826.3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted dgsea dirigirse a la commission durance la iurta v su inoles es limitado favor de Ilamar al tiepartemenlo doservicios de desarrollo at numero(361)826-3240 al menos 48 horas antes de la junta para soliciler un lntbrlxete ser oresente durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments, Inc.has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street, east of Everhart Road,and west of Airline Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.0.BOX 9277,CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Plann-69 Comnhission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter Printed Name: all,l i/ 5"Iy4*/VO Address: S, AZ-4wW.4 Sz- Cdy/State: ( ) IN FAVOR I IN OPPOSITION Phone:—IV —.2377 REASON '� W!t`ld� 6r-�r /aort o� C' miGrrr h /r . nal re SEE MAP ON REVERSE SLOE Case No.0818-02 INFOR Case No-: 18ZNIOIB Project Manager:Andrew Dimas Property Ovmer 10:11 Email:andrewd2@cclezas.com Staff Report Page 13 Persons with disabilities planning to attend this meeting, who may require sl l services,are reqLestec to contact the Development Services Department at least 48 hours in advance at(361)826.3240.Personas con incapacidades, clue bonen la intention de aststir a esta junta v sue reauieren servims esoeciales,se les suplica pue den aviso 48 hhoras antes de la junta tlamando at deparlamento de servicios de desarrollo.at nbrtxero(3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361)828.3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la juntay su inat6s es limitado. favor de hamar al depanamenlo de servicios de desarrollo al numero(361) 8263240 at menos 46 horas antesde la wrilla vara solicitr un inlbrorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-02 Texas Star Investments.Inc. has peri,oned the City of Corpus Christi to consider a change of zoning from the"CN-1"Neighborhood Commercial District to the"CG-2"General Commercial District,not resulting in a change to the Future Land Use Mao.The property to be rezoned is described as: 4441 South Alameda Street and Lot 1B, Block 1, Windsor Park, located on the south side of South Alameda Street,east of Everhart Road,and west of Airline Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification ardlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have t-e effect o`amending the Comprehensive Plan to reflect the approved zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8.2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers. 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. 0 BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0. BOX 9277, CORPUS CHRISTI,TEXAS 784M 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by o member or members of Ills Commission with an applicent or sppeMent concerning an app;lcation or appeal,either at home or office,or in person, by telephone call or by latter. Printed Name: � r— Addmss-. -t. Je. City/State: .,4a v C- 1���. c �' { ) IN FAVOR („}fKt OPPOSITION Phone:_., REASON: fGda�i, A- Cra.c-Gc1,o sA 1t .17 Siynatur SEE MAP ON REVERSE SIDE Case No.0818-02 INFOR Case No.:18ZN1018 Project 6lanager:Andrew Dimas Property Owner ID:1 Email andrewd20cclexas corn Zoning Case #0818-02 Texas Star Investments, Inc. Rezoning for a Property at 4441 South Alameda Street City Council Presentation September 18, 2018 opus ti - �� 4th � ••� . Aerial Overview 17 Jp r � as lip . e . �`� p���F JFK '.�' ,' "�• •r� - . -• � � ' s' �11 �� op�R�T •� O i ' Subject Property at - 4441 South Alameda Street 41, It �i.y • �. �r � � n k r N <pN 3A �^ � wap �• Y ti r a; ichity Map . r �..� ,., ,,tt{{� � � nye °'•� ''*� e' m tributm, •;-:9 fP ^71r. J } ,•+ ,1 i• _F _ rea tFue Cvr rG Share Al Re lice a(C¢�v-SA)� - 3 Zoning Pattern Ir �7 �LIVII�LI CO-12 4F IOU RH-S V IBM lam �a X1050 4 Planning Commission and Staff Recommendation Denial of the "CG-2" General Commercial District in lieu thereof Approval of the "CN-1 /SP" Neighborhood Commercial District with a Special Permit (SP). IV-I'll r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the rear property line. A 6-foot solid screening fence shall be built along the rear property line. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. i Site Plan - - - - - - - - - - - - - - - 25 5 I I I 9 Vac-Boom(11'_W) o f 9 Vac-ii(11'_H� t o NI � ♦ � to I 16'-4' 60'Conveyor I I I �� --- _ --- --J �10' Setba— __ ck '"� _ _ _ � 86'-8" 41'-0" 8 Public Notification 19 Notices mailed inside 200' buffer �G V 5 Notices mailed outside 200' buffer aM CG qM-} 4� o 4d'qQ Notification Area SUBJECT PROPERTY _ �b a� Opposed: 5 (13.57%) cFQTfFST agsT - yf � WFS, s iz eS In Favor: 1 6� UDC Requirements _f Buffer Yards- N/A �V n,. • i 41, Setbacks- Street- 20 feet P Side/Rear. 0 feet S'q'4 Parking- 2 per car wash bay as h Landscaping, Screening, and Lighting Standards Frog Uses Allowed- Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, Car Washes, and Multifamily Uses. S Com` Ok F NOFPORATEO AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of September 18, 2018 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 1804 Buford Avenue (3/4 Vote Required) CAPTION: Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit. (3/4 Vote Required) PURPOSE: The purpose of this item is to allow for a social service use and the construction of a 35,000 square foot transitional housing facility. RECOMMENDATION: Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS- 6/SP" Single-Family 6 District with a Special Permit. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Approval of the "CG-1/SP" District. (3/4 Vote Required) OTHER CONSIDERATIONS: The original "RS-6/SP" Single-Family 6 District with a Special Permit was issued on May 30, 2016 (Ordinance #030862). It has been over two years since the approval and there has been no action on the Special Permit. Therefore, the Special Permit has expired. The original application for a Special Permit is exactly the same as this application and continues to be for a 35,000 square foot transitional housing facility. The property was previously zoned "RS-6" Single-Family 6 District. Staff recommended denial of the change of zoning to the "CG-1/SP" General Commercial District with a Special Permit on the original zoning case as the Future Land Use is for medium density residential uses. Therefore, staff has recommended keeping the base zoning district of "RS-6" Single- Family 6 District and utilizing the ability of the Special Permit to grant the construction of the transitional housing facility. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is generally consistent with the adopted Comprehensive Plan (Plan CC), however, it warrants an amendment to the Future Land Use Map. Staff recommends the "RS-6/SP" Single-Family 6 District with a Special Permit which is consistent with the medium density residential land use designation. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Salvation Army ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP)with conditions and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 R, Block 6, Bay View No. 3, located on the north side of Buford Avenue, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 046043), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F4OD8CBD.docx Page 2 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F40D8CBD.docx Page 3 of 4 Exhibit A COLEMAN AVE C z COLEMANAVE c 4 ry - � r � � U uf6 s Ilk 22 2 hoUANCO SAVE x 43AWf61/u14.AVE .n 3 � 4 C. gyp 1 //0 23 f3 { suBrF.cr 12 PROPER 2 i8 8 20 R -T ,er+'ti g0FOR9-AVE fl J x BUV-ORI)AVM x O 2G 17 25 11 7 �a 6 - '{ m IG SY ON Lei rfAa[atl:7.252018 d CRAIG 400 $ddb !Aae Ya.k W rC'L�AMAIPpmen[SArvnnBb CASE: 0898-03 ZONING & NOTICE AREA ran-1 uaaTemlp' 'L ugrlma.ilal Pu_a m.t,:-. . _ _ - .,.r�r SUBJECT ON Prcfe[[:,:�Offbe _ _ PROPERTY 9 All-Ri Nwt:":- AT - cw.i llnu,: on con 4Yi-s 11nG,:,--.]^'an-.•-.• _C f: [ - CAI'dIL'b CIYKit Par Cltyof FM 0 H lac:ar__ V -1' RAAV 4 Gvnerswe PDC,hMm oM LOCATION MAP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40D8CBD\@BCL@F4OD8CBD.docx Page 4 of 4 Case No. 0818-03 The Salvation Army: Ordinance rezoning property at or near 1804 Buford Avenue from "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Salvation Army ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 8, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP)with conditions and on Tuesday, September 18, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Salvation Army ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 1 R, Block 6, Bay View No. 3, located on the north side of Buford Avenue, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard (the "Property"), from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with conditions (Zoning Map No. 046043), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 2 of 4 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 3 of 4 Exhibit A COLEMAN AVE 2 CO LE MAN Alf E � r � g G c k � z16 9 m 3 o ro r 2& t72 }9 -e — IJANCO DAVE tG �, 13AblC()c4+AVt M 4 d 0 23 13 sVsJ G.cr 12 Iry/ii BJ z as PROPEL[!/7 is _$ 22 27 f4 rr.YEN!naA .1, B�EpRI]nAVE. � p' 1311E(WE)AVE + 17 R-S G ti T T5 ro `— 7 N 6 � IN !Y! IG SY � OIV Lam Crsa:ad:7r7S�241& a (gAIG SI 400 S00 7eAa ed ey:YiH �*�r1 �//�']/��{ ]/1r(� �1 LBW�I?N iQ'CJaW91QRma.Ri$ArYIOSd CASE. 0818-D3 � AYV1 ZONING & NOTICE AREA mr-y Murranlb 1 IL ll�lt lntlwilal la-s Yurranlys x wave Yea aMe� SUBJECT lal-a Yurranly a wu rl.re•m ��_�.:-._. pM weYaiwer on•r rtina aYr1.Te-. PROPERTY 9 )fl1-AT Mrrranlp AT Ri-0 iY9MFe" - CN-1 w1lFherbe•a Cener Mal Ri<W5>MyMFsn I i 5 �.+c fix,, CN-Y wllaetra¢•m C•nn•iHal RI_TF Tw•-Hn>k pt.y R•w1A C•nnw•YI Ri_15 iYrlsF•m Id 16 CM-Y I4awAC•nnw•YI pE watl•n$alEai•ie Spat W-y u•n•rr c•nn•F•Ir ifi ill TmN nnaueB CO-Y men•rr cenn•mr ip yeblal PorrnN p lnlanrM C•nn�relal Ry f6CIBatlCllal YBnCIB Park CBC LbwnlaWe C•nntvYI N.IH Menufeoiurem Mome CR-b RewA CanntuaYl �,� Bt�A+crmvmL' A Cityq� y``` �`� eLh Y�Ludh• �/h^ar�a• 4 CAT107 MAP 20 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40DDD78\@BCL@F40DDD78.docx Page 4 of 4 Zoning Case #0818-03 The Salvation Army Rezoning for a Property at 1804 Buford Avenue City Council Presentation September 18, 2018 �pUS cN r k J�y aasz N Aerial Overview owl � Hancock Avenue Hancock Avenue ' � L SUBJECT �' r ► r - .n.=,• W PROPERTY � J INS- f ,� _,••V' _ " V � � .- ., ` I,�.•' .f' �• -� :moi - Subject Property at 1804 Buford Avenue J, � JLJ �cdfl MAt�AVE coLErnArd AVE f S 1 It a Vicinity Map r YJ B(iFORQ AVE �fl —T`� Cer+Ral Cary P w� CRAIC 9penShegPAapEend trihutcrs, r» � -:-restive C�rnumors-�aherAlke u CINAIG 51 <-- ; Li reuse(CC-OY-SF,} 3 Zoning Pattern RHS , %47Hmcock oa Pf30OPC�L�`ir ( � �' � O O L P Lf�S��� o OPd Q�IOli�ll�l0 cm QN 19770a 9971° nor's 2M Staff Recommendation Denial of the "CG-1 /SP" General Commercial District with a Special Permit in lieu thereof Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP). 'I' Special Permit Conditions 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 15th Street. Special Permit Conditions Ir 5. Building Design: The exterior facade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's facade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification LJ 28 Notices mailed inside 200' buffer COLEMAN AVE z coLEM"NAVE 5 Notices mailed outside 200' buffer � x { g v O a 4 Notification Area b zfo jA dAt1C0 AVE m y .H)ANCOCK.AVE�`?.,,' `{ - t Opposed: 2 (2.91%) - ° susrEer 2 rz a PRO FERT,Y 22 =4 rt` � BF1FORfAf VE � � .�j� In Favor: 0 6UEOR9 AVE F M IG 5Y rt� CRAIG 8 Site Plan ow - - =- - - LYe - (� PARKING(49 VAC ES) r `T �a.c� �w •I 6 �d �ra o i b 9 UDC Requirements A Buffer Yards: N/A g Setbacks: Street: 20 feet � ~� hfAEJ[OCK AVE - E Parking: 1 -Per Employee }— 1:250 sq. ft. GFA(Office) .: Landscaping, Screening, and Lighting Standards BUFCRI)AVE IF6RD AlF - I I L Uses Allowed: Retail, Offices, Apartments, Hotels Restaurants Storage, Bars, and Nightclubs S, PLANNING COMMISSION FINAL REPORT Case No. 0818-03 INFOR No. 18ZN1016 Planning Commission Hearin Date: August 8, 2018 = Owner: The Salvation Army r 0 Applicant: Urban Engineering .� Location Address: 1804 Buford Avenue Q N Legal Description: Lot 1 R, Block 6, Bay View No. 3, located on the north Q °a o side of Buford Street, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard. From: "RS-6" Single-Family 6 District c a To: "CG-1/SP" General Commercial District with a Special Permit -Es Area: 2.41 acres N Purpose of Request: To allow for a social service use and the construction of a 35,000 square foot transitional housing facility. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Public/Semi-Public Medium Density Residential c=a "ON" Neighborhood Public/Semi-Public Medium Density N North Office and "RM-3" and Low Density Residential -E ? Multifamily 3 Residential 0 N C Low Density Medium Density M South "RS-6" Single-Family 6 Residential Residential LU East "RS-6" Single-Family 6 Low Density Medium Density Residential Residential West "RS-6" Single-Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the ,a boundaries of the Downtown Area Development Plan and is planned for 0- medium density residential uses. The proposed rezoning to the "CG-1/SP" M ° General Commercial District with a Special Permit is generally consistent with a o the adopted Comprehensive Plan (Plan CC) and warrants an amendment to athe Future Land Use Map. Map No.: 046043 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 280 feet of street frontage along Buford Street to the south and along Hancock Street to the north, approximately 375 feet along the frontage road N of the 16t" Street/Crosstown Expressway (SH 286) to the west, and 15t" = Street to the east. The Urban Transportation Plan identifies all four streets as ca local residential streets. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type Buford Local/Residential 50' ROW 60' ROW N/A Avenue 28' paved 30' paved O Hancock Local/Residential 50' ROW 55' ROW N/A Avenue 28' paved 32' paved m 15th Street Local/Residential 50' ROW 55' ROW N/A 28' paved 30' paved Crosstown 50' ROW 50' ROW Expressway Local/Residential 28' paved 30' paved N/A (16th Street) p p Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit to allow for a social service use and the construction of a 35,000 square foot transitional housing facility. The proposed transitional housing facility that includes residences for families and veterans, a family service center with playground, a veterans work therapy program, and other care and training services. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and is considered a Social Service Use. Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Development Plan: The applicant is proposing to construct 35,000 square foot facility that will house intact families. In total, the facility will have 220 beds, a dining and kitchen area to serve only those enrolled in the non-profit's transitional housing program, an open-air courtyard, multi-purpose classroom, administrative offices, parking and a playground. The Center will have 40 staff members and staff will be on-site to monitor the facility 24 hours a day. Of the beds planned for the new facility, they are expected to be used for the following groups: approximately 73 percent for families, 18 percent for veterans, and 7 percent for work therapy, and 2 percent for emergency situations. The Center accepts new residents (single-men) under a 14-day assessment period before they can be enrolled in the transitional housing programs. Existing Land Uses & Zoning: The subject property is zoned "RS-6" Single-Family 6 District and consists of a public/semi-public use (chapel, ball fields, and recreational facility). To the northwest is land zoned "ON" Office District and occupied by a day care Staff Report Page 3 facility and to the northeast are low density residential uses zoned "RM-3" Multifamily 3 District. To the south is zoned "RS-6" Single-Family 6 District and consists of a vacant lot and low density residential uses. East and west of the subject property is zoned "RS-6" Single-Family 6 District with low and medium density residential to the east and an expressway to the west. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies are applicable: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • The applicant intends to improve the property by constructing a new social service facility that will replace existing structures. • Development of the site advances policies pertaining to infill development. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. • The original "RS-6/SP" Single-Family 6 District with a Special Permit was issued on May 30, 2016 (Ordinance #030862). It has been over two years since the approval and there has been no action on the Special Permit. Therefore, the Special Permit has expired. • The original application for a Special Permit is exactly the same as this application and continues to be for a 35,000 square foot transitional housing facility. The property was previously zoned "RS-6" Single-Family 6 District. Staff recommended denial of the change of zoning to the "CG-1/SP" General Commercial District with a Special Permit on the original zoning case as the Future Land Use is for medium density residential uses. Therefore, staff has recommended keeping the base zoning Staff Report Page 4 district of "RS-6" Single-Family 6 District and utilizing the ability of the Special Permit to grant the construction of the transitional housing facility. Planning Commission and Staff Recommendation (August 8, 2018): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist families and veterans with their transition into permanent housing. The facility shall not exceed 220 beds. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living within 24 months, but the time limit could be longer. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting outdoors occurs. 3. Security,: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall be in compliance with standards for development as outlined in the UDC, except that the landscaping requirement of the street yards shall be met at 100% along 15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60% along 16th Street. 5. Building Design: The exterior fagade of the building(s) may contain metal elements, however, metal elements shall not exceed 50% of a building's fagade. The Owner shall incorporate windows and doors or other architectural enhancements on elevations that face the abutting residential development. 6. Building Height: The height of the building(s) shall not exceed 35 feet. 7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 8. Parking: Driveways shall be prohibited from being located on 15th Street. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: Staff Report Page 5 For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 28 within 200-foot notification area = 5 outside notification area 0 As of August 3, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 2 inside notification area a — 0 outside notification area Totaling 2.91% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Original Staff Report, Ordinance, and Application D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0818-03 The Salvation Army(SP Renewal)\Council Documents=Report_0818-03 The Salvation Army.docx Staff Report Page 6 Lj COLEMAN AVE C4LEMANAVE c m. N L �{ z ~ { Q U JL�j � ifi 9 29 .r O }Q t x i Z 72 }9 I3AN 0 V-AVE m '- l4ANCOCY-AVE a S � 4 0 23 Q sua�Fer ,2 FROPERT,Y � + q r wifrORD-AW ..� 13,jf0R[3 AVE O }T s R-S 'i 25 rn e. 25 7 I...N 21 os rn IG ST ^n a as n r7ZONING RAIG 5f m■crsalae:�r��zale d00 800 WratlH,. �I IE rar�oauWopirsererswvioas E. 0818-03 & NOTICE ARE IL 1191tlrkdMtl2l +�-P NVRAfemlp Y u slmevr tl—W. SUBJECT Rr-a x.er.mra a a.,uow,t.l off Prew[elnnr oenoe einax-F��b to PROPERTY 4 NI-Ai HdRf�ld Ai Rldo lln Olo-FsmiY 6 - INIdFdmdood CenmeroLi R6>.6 AlnO bfsnb li ..dc CM-4 INIpFbmFead Conn�rNal RE.iF ixo-Fmm� CR-1 IbwryComm�mLl np lo-Fre�id CR-P Rawrl ComrneroN1 RE16 Re[tlenWlE[AtA� Qa.V CB-t Omerci�ornnemicf R$7ry Tbdnhouee CO-4 OMerti Commerolal !P CI kiln Yvm Cemmerole: Hy Fi-atonii Veh"Pmt CBC Cnrelewe Cennerokl PA1M Hbnuleaiuretl Nome M "m2Connrrc4i fR Fam Rdiy 1!' H HMImb OIf llq' � dI � Bua Yreaa Pard W V w^µ.V r2+.Au slab• �eP nA[m y " l x n — LOCATION MAP .awe avners[m vne en Staff Report Page 7 Persons wllh disabilities planning to attend this meeting,who may require special servkm,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.PvAonas con incaoacidades. *A tienen la intencibn de as sUr a esla junta y qua requieren servr 4o especiales-fet les 1Ugoioa que den aviso 48 horas antes de la iunta Ilamando al departamento de ser:icios de desarrollo.al nlimero(381)826-3240. I If you wish to address the Commission during the meeting and your English is limited, please cak the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si_usled desea dirigirse a Is commission durante Is Junta V su ingl@s es limitado, favor de hamar dl cielzartamento de servicios de desarrollo al numero(361)826-3240 al mens 48 horas antes de 1a junta para solicitar un InI6rPr@le ser prgsente duranle la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0818-03 The Salvation Armv has petitioned the City of Corpus Christi to consider a change of zoning from the 'RS-6"Sinule-Family 6 District to the"CG-1/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map.The properly to be rezoned is described as: 1804 Buford Avenue and Lot 1R.Block 6, Bay View No.3,located on the north side of Buford Street,east of Crosstown Expressway(State Highway 286), south of Agnes Street,and west of South Brownlee Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday,August 8,2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O BOX 8277,CORPUS CHRISTI,TEXAS 784M 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In aeeordance with the Planning Commission By-Laws,no discussion shall behold by s member or members of this Commisslon with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone Call or by letter. Printed Name: Address: /.� S� .s r-� L�nYn,.c� c�, City/State: ( } IN FAVOR (x)IN OPPOSITION Phone: REASON: 6 9®nattre SEE MAP ON REVERSE SIDE Case No.0918.03 INFOR Case No-18ZN1016 J Project Manager:Andrew Dimas Property Owner ID.1 Email andrewd2@acterascom Staff Report Page 8 Persons with disabilities planning to attend this meeting,who may require special services.are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240.Personas con incapacidades,. oue_lleyen la inlencidn de asislir a esta juntay oue reauieren servicios especiales,se les sllnlica nue den aviSo 48 horas antes de la junta Ilamando al departamento de servigjgs de desarrollo at numero(361)826-3240 It you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826.3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dingirse a la commission duranI!! Je_tjnta y su m4ies es lunitado, favor de Ilamar11111! deoanamento de servicios de desarro±l0_al numero(361)826-3240 at menos 48 h aras antes de to lunia para solrQur un interprete ser presente.durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0818-03 The Salvation Army has petitioned the City of Corpus ChnsL to consider a change of zoning from the -RS-6" Single-Family 6 District to the"CG-1/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Mao.The property to be rezoned is described as: 1804 Buford Avenue and Lot 1R,Block 6,Bay View No. 3, located on the north side of Buford Street, east of Crosstown Expressway (State Highway 286), south of Agnes Street, and west of South Brownlee Boulevard, The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit- Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan.will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on YedtebdaY,August 8.2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O.BOX 9277,CORPUS CHRISTI,TEXAS 78469• 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a mr✓nbar or members of this Commission with an applicant or appeltant concerning an application or appeal,either at home or office,or In person, by telephone calf or by letter. Printed Name:. I P a,fin tN (S1'o!V z-0- Address Address 11_04,- 161h ST City/State;' I-17G15 Nr1J0y. 1 x ( ) IN FAVOR (>�IN OPPOSITION Phone: REASON- 44W,"21"L_,4 Signature SEE MAP ON REVERSE SIDE Case No 0818-03 INfOR Case No.:taZN1016 Project Manager Andrew Dimas Property Owner ID.25 Email:andrewd9acctacas.com se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 18, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, CPM, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Ordinance Adopting the Fiscal Year 2019 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.626264 per $100 valuation which is effectively a 6.63% increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the Tax Code states that a governing body of a taxing unit shall adopt a property tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit. This agenda item is in compliance with the Tax Code and will set the tax rate at $0.626264 per $100 valuation, which is an increase of two cents from the prior year's property tax rate with the additional two cents to be used for residential streets as approved by the citizens on November 8, 2016. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. This vote was taken on August 14, 2018. Subsequently, two public hearings were held — one on August 28, 2018, and the second on September 11, 2018. This agenda item is required to set the property tax rate for fiscal year 2018-2019. Since the property tax rate of $0.626264 per $100 valuation exceeds the effective tax rate of $0.587321 per $100 valuation, specific wording is required in the ordinance to adopt the tax rate. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the percentage change between the total proposed tax rate ($0.626264) and the total effective tax rate ($0.587321). The second amount listed in the body of the ordinance represents the percentage change in the maintenance and operations portion of the proposed tax rate ($0.406806) to the maintenance and operations portion of the effective tax rate ($0.359160). This is in compliance with the specific wording outlined in the Tax Code. In addition, Chapter 26.05(b) of the Tax Code specifies that for a taxing unit other than a school district, the vote on the ordinance setting a tax rate that exceeds the effective tax rate must be a record vote and at least 60 percent of the members of the governing body must vote in favor of the ordinance. The motion to adopt the ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form (customized with the City of Corpus Christi's property tax information): "1 move that that the property tax rate be increased by the adoption of a tax rate of$0.626264 per$100 valuation, which is effectively a 6.63% increase in the tax rate." Therefore, at the September 18, 2018 City Council meeting, prior to the vote on the tax rate being taken, a City Council member will need to make the motion noted above using the exact wording. Once the motion is seconded, then at least 6 members of the City Council and Mayor will need to vote in favor of the motion for the motion to pass. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Staff is requesting an emergency reading because the Nueces County Tax Office has informed us that September 18th is the last day they will accept property tax rates from taxing jurisdictions to be included in one consolidated tax statement to be mailed out to property owners in October. Any approvals after September 18th would require a separate tax statement to be mailed with the entire cost for the separate mailing to be borne by the taxing jurisdiction adopting their tax rate after the deadline. DEPARTMENTAL CLEARANCES: • 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 - - $ 120,873,385 $ 120,873,385 Encumbered/Expended amount of(date) - - - - This item - $ 120,873,385 $ 120,873,385 BALANCE - - $ - $ - FUND(S): General Fund$74,656,296 Debt Service Fund$42,356,947 Residential Street Fund$3,860,142 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance setting a property tax rate of $0.626264 per $100 valuation which is effectively a 6.63% increase over the effective tax rate; and declaring an emergency. WHEREAS, this tax levy is in accordance with the Fiscal Year 2019 operating budget adopted on September 18, 2018; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2018 as follows: $0.406806 for the purpose of maintenance and operation 0.219458 for payment of principal and interest on debt $0.626264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 13.27 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1001000 HOME BY APPROXIMATELY $47.65. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2018 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of$0.406806 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Two cents of the maintenance and operation ad valorem tax shall be dedicated for residential street reconstruction in accordance with Article VIII, Section 1(c), of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. If the tax rate is reduced to the rollback tax rate by the results of an election pursuant to Texas Tax Code § 26.07, then the reduction shall decrease the aforementioned residential street reconstruction portion of the tax rate and dedicated fund. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2018 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of$0.219458 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2018-2019 Principal Interest & Fees Total 2009 General Obligation $380,000 $9,500 $389,500 2010 General Obligation $620,000 $359,563 $979,563 2010 Certificates of Obligation $135,000 $84,326 $219,326 2010 Combination Tax & Surplus $250,000 $229,275 $479,275 Airport Certificates of Obligation 2012 General Obligation $2,070,000 $1,629,344 $3,699,344 2012 Public Property Contractual $620,000 $78,229 $698,229 Obligation 2012 Combination Tax & Surplus Airport Certificates of Obligation $200,000 $196,850 $396,850 (AMT) 2012A General Improvement $835,000 $104,844 $939,844 (Airport) AMT 2012B General Improvement $50,000 $311,481 $361,481 (Airport) Non-AMT 2012C General Obligation $3,190,000 $553,950 $3,743,950 2012D General Obligation $9,250,000 $2,171,747 $11,421,747 2013 General Obligation $3,305,000 $3,307,100 $6,612,100 2014 Public Property Contractual $710,000 $144,936 $854,936 Obligation 2014 Tax Notes $1,165,000 $46,008 $1,211,008 2015 General Improvement $0 $2,977,900 $2,977,900 Refunding Bonds (2007A and 2009) 2015 General Obligation $3,295,000 $3,646,900 $6,941,900 2015 Certificates of Obligation $400,000 $315,902 $715,902 (Taxable) Page 2 of 4 Principal Interest & Fees Total 2016 Certificates of Obligation $80,000 $61,263 $141,263 2016A General Improvement $5,745,000 $433,500 $6,178,500 Refunding Bonds 2016A General Improvement $690,000 $131,009 $821,009 Refunding Bonds - TMPC 2016A Certificates of Obligation - $610,000 $571,350 $1,181,350 Streets 2017 Certificates of Obligation $225,000 $65,935 $290,935 (Taxable)— Landfill 2018 General Improvement Bonds $0 $992,658 $992,658 2018A Certificates of Obligation $0 $829,572 $829,572 2018A Certificates of Obligation $195,000 $371,083 $566,083 (Taxable) Total required for FY 2019 debt $34.020.000 $19.624.225 $53,644,225 service Less: Amount paid from ($1,409,508) unencumbered fund balance Less: Transfers for self- supporting debt ($11,313,731) Total to be paid from taxes in FY $40.920.986 2019 In addition to the ad valorem tax levy for debt service totaling$40,920,986,the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2018 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1 , 2019, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional byfinaljudgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 3 of 4 SECTION 6. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 18th day of September, 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of , 2018 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel Page 4 of 4 se GO O AGENDA MEMORANDUM NCORROP pEO 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha cj�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Ambulance Repair for Fire Department CAPTION: Resolution authorizing a service agreement with Knapp Chevrolet of Houston, Texas, for the purchase and installation of an ambulance chassis for $83,825. PURPOSE: The purpose of this agreement is to get the emergency vehicle back into service. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department EMS Division was involved in a no-fault accident that TML has deemed a total loss on the chassis only. Frazer Ltd., has proposed to remount the module on a brand new Chevrolet chassis that will be purchased from Knapp Chevrolet. This module, which is only 2 years old is in great condition and was unscathed in the accident. The cost to remount this unit is $83,825.00. Furthermore, when Frazer, LTD remount's modules they extend and renew the full warranty on the module. This includes the installation and integration of equipment into the structure. This purchase would allow the Corpus Christi Fire Department to place a front line ambulance back in service at Fire Station #14 for reliable and efficient response. The Purchasing Division is recommending the award to Knapp Chevrolet as a Buyboard cooperative to preserve or protect the health and safety of the City's residents and as the provider for ambulance parts and repairs for the Corpus Christi Fire Department. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: Emergency DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $210,792.22 .00 $210,792.22 Encumbered / Expended Amount $122,432.20 .00 $122,432.20 This item $83,825.00 .00 $83,825.00 BALANCE 4,535.02 $4,535.02 Fund(s): General Fund Comments: The contract value is not to exceed $83,825.00 and are reflected as an expense for FY2018. RECOMMENDATION: Not Applicable LIST OF SUPPORTING DOCUMENTS: Resolution Price Schedule Service Agreement City of Corpus Christi Price Sheet Purchasing Division Ambulance Repair for CCFD Buyer: Minerva Alvarado Knapp Chevrolet Houston, TX ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Module $43,975.00 1 $43,975.00 2 Chassis $38,750.00 1 $38,750.00 3 Delivery $2.75 200 $550.00 4 Customer Travel $750.00 1 $750.00 5 Buy-Board $800.00 1 $800.00 6 Discount $1,000.00 1 -$1,000.00 TOTAL $83,825.00 Resolution authorizing a service agreement with Knapp Chevrolet of Houston, Texas, for the purchase and installation of an ambulance chassis for $83,825. WHEREAS, an ambulance was involved in a no fault accident in which the chassis was damaged beyond repair, but the module was unscathed and can be remounted to another chassis; WHEREAS, Knapp Chevrolet, through its subcontractor Frazer, Ltd., has proposed to remount the module to a new chassis; 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 or protect the 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 authorized to execute a service agreement for the purchase and installation of ambulance chassis by Knapp Chevrolet of Houston, Texas at not to exceed cost of $83,825. 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 63822 U Ambulance Repair for CCFD bO RPOR Af� 1852 THIS Ambulance Repair for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Knapp Chevrolet ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Ambulance Repair 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 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 four 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 $83,825.00, 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: Ernie Villarreal Fire Department 361-826-8424 ErnieV@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. (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, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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: Ernie Villarreal Title: Captain 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Fax: 361-826-4451 IF TO CONTRACTOR: Knapp Chevrolet Attn: Bob Flanders Title: Director of Fleet and Commercial P.O. Box 4179 Houston, Texas 77210 Phone: 713-331-3013 Fax: 713-334-3034 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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; C. the bid solicitation document including any addenda (Exhibit 1 ); then, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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: r✓ ' a Title- Date- CITY itle:Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date.- Attached ate: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 l : REB/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 1 . Shall replace chassis with new 2018 Chevrolet C3500 chassis 2. Shall remount module on the new chassis to include the installation and integration of equipment into the structure 3. Shall perform a full electrical check 4. Shall Deliver ambulance upon completion of repairs to 1501 Holly Road, Corpus Christi, Texas 78417 Page 1 of 1 �ERe=a Frazer- AttachmentCustomer Quote B: Bid/Pricing Schedule Defining the future of Mobile Healthcare" Order No: Q921-00001 Quote Date: 9/4/2018 Expiration Date: 11/10/2018 Invoice To: Attention: Salesperson: Kasey Gillum Corpus Christi Fire Department Captain kgillum@frazerbilt.com City of Corpus Christi Ernie Villarreal 1501 Holly Rd. EmieV@cctexas.com Corpus Christi TX 78417 Ir TO No. Item Quantity U/M Unit Price Net Amount 1 MODULE 1.000 EA $ 43,975.00 $ 43,975.00 Type I 12'Remount E-2804 2 CHASSIS 1.000 EA $ 38,750.00 $ 38,750.00 2019 Chevy C3500 gasoline Aluminum Wheels 3 DELIVERY 200.000 M $ 2.75 $ 550.00 Deliver To Corpus Christi Fire Rescue 5 CUSTOMER- 1.000 EA $ 750.00 $ 750.00 TRAVEL Final Trip-2 people(1 day,0 nights) BUY-BOARD 1.000 EA $ 800.00 $ 800.00 Ambulance#492-15 Frazer,Ltd.,7219 Rampart Street,Houston,TX,77081, P: 713-772-5511 www.frazerbilt.com Page 1 of 2 Frazer- Customer Quote A AZEA Defining the future of Mobile Healthcare- Order No: Q921-00001 Quote Date: 9/4/2018 Expiration Date: 11/10/2018 Remit To: Per TMVCC,we are quoting this through our licensed franchise dealer,Knapp Chevrolet. Sale Amount: 84,825.00 Knapp Chevrolet Order Disc(1.1789%): -1,000.00 PO box 4179 Sales Tax: 0.00 Houston TX 77210 Total Amount: 83,825.00 Payment Terms: Net 30 Days Special Instructions: Email this quote along with your PO to sales@frazerbilt.com. Graphics pricing includes two hours'design time in the base price. More extensive graphics or multiple changes will be billed at$100/hr. Frazer,Ltd.,7219 Rampart Street,Houston,TX,77081, P: 713-772-5511 www.frazerbilt.com Page 2 of 2 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract 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 domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 Pagel of 4 GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles COVERAGE including: While in Care, Custody or Control 1 . Physical Damage on a Direct Primary Basis GARAGE LIABILITY including: $1 ,000,000 COMBINED SINGLE LIMIT 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal Injury 8. 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 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 Page 2 of 4 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 hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 3 of 4 2018 Insurance Requirements CCFD Vehicle Body Shop and Mechanic Repairs and Vehicle Delivery 09/04/2018 sw Risk Management Valid Through 12/31/2018 Bond is not required for this service. Page 4 of 4 Attachment D: Warranty Requirements The warranty for this service is the warranty provided by Frazer, Ltd as described below. Knapp Chevrolet shall take any actions necessary to ensure that the warranty from Frazer, Ltd is provided to the City as the ultimate purchaser of the vehicle. Frazer, Ltd. warrants a new module against failure or malfunction due to design, construction, or installation errors, defective workmanship, and missing or incorrect parts for the life of the module, as long as it is in the possession of and not repaired or modified by or on behalf of the original owner. Frazer, Ltd. warrants a remount module against failure or malfunction due to design, construction, or installation errors, defective workmanship, and missing or incorrect parts for 2 years, as long as it is in the possession of and not repaired or modified by or on behalf of the original owner. Frazer, Ltd. warrants components and equipment furnished by others and installed on the module for the period designated by the component or equipment manufacturer provided the components and equipment and any related installation mounts are not repaired or modified by or on behalf of the original owner. Frazer, Ltd. warrants the electrical system wiring against defects, shorts, and malfunctions for 5 years as long as it is in possession of and not repaired or modified by or on behalf of the the original owner. This warranty specifically excludes electrical system components beyond one year unless a longer warranty is provided by the component manufacturer. Bulbs, fixtures, switches, relays, all truck related electrical systems, generator set, and other components are not covered beyond the warranty provided by the original equipment manufacturer. This warranty does not cover abuse, neglect, accident damage, normal adjustments, tampering, modifications, and unauthorized hookups for radios and various charging equipment. �QS C GO Oda F U „ogpogpEo AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting of September 18, 2018 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 5, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police Mikem�cctexas.com 886-2603 Appropriating funds from the Recovery on damage claims CAPTION: Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71 PURPOSE: Appropriate the funds for use by the Police Department for purchase of vehicles and equipment. BACKGROUND AND FINDINGS: The special revenue fund "Recovery on damage claims" are subrogation recovery funds remitted to the City of Corpus Christi for damages to Police vehicles. The appropriated funds will be used to purchase 3 police vehicles and related equipment. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 92,437.71 921437.71 BALANCE Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $92,437.71 from damage claims into General Fund to purchase police vehicles; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $92,437.71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $92,437.71 from damage claims is appropriated in the General Fund No. 1020 to purchase three police vehicles and related equipment. SECTION 2. That the FY 2017-2018 Operating Budget adopted by Ordinance 031255 is changed to increase revenues and expenditures by $92,437.71 in the General Fund No. 1020. 1 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 se GO O Va. U AGENDA MEMORANDUM 111 Reading Ordinance for the City Council Meeting September 18, 2018 NORROPPE2nd Reading Ordinance for the City Council Meeting September 25, 2018 1852 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Interim Assistant City Manager FROM: Robert Rocha, Fire Chief rrochaCa)-cctexas.com 361-826-3932 Accepting and appropriating $1,000 grant from NuStar Energy L.P. CAPTION: Ordinance authorizing acceptance of $1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. in the No. 1062 Fire Grant Fund. PURPOSE: This grant will be used to support community outreach, fire department equipment, training or supplies. BACKGROUND AND FINDINGS: The NuStar Energy L.P. giving program has forwarded a check to the Corpus Christi Fire Department in the amount of $1,000. No application was required. This grant will be appropriated in the 1062 Fire Grant Fund. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000.00 $1,000.00 BALANCE $1,000.00 Fund(s): Comments: None. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $1,000 grant from NuStar Energy L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $1 ,000. SECTION 2. That $1 ,000 is appropriated in the No. 1062 Fire Grant Fund to be used for community outreach, fire department equipment, training or supplies 1 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 2 vs c� 0 � H U AGENDA MEMORANDUM "nwPaRa=° First Reading Ordinance for the City Council Meeting of September 18, 2018 zs52 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the grant contract amendment for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant CAPTION: Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Acceptance of contract amendment results in a decrease in funding of $142,418.00 for the contract period October 1, 2017 through September 30, 2018; and an increase in grant funding for the contract period October 1, 2018 through September 30, 2019 in the amount of $857,934.00, and appropriation of the funds for the contract period October 1, 2018 through September 30, 2019. Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1 st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑x Operating 0 Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $857,934.00 $8571934.00 BALANCE $857,934.00 $857,934.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. Health Human Services 2017-049800-001 (Amendment No. 2) Ordinance Ordinance authorizing an amendment to the Women, Infant and Children's Nutrition Program (WIC) grant contract from the Health and Human Services Commission. 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 Am e n d m e n t N o. 2 of the Health and Human Services Commission Grant Contract No. 2017-049800-01 . Section 2: The amendment will result in a decrease in funding of $142,418.00 for the period October 1 , 2017 through September 30, 2018 and an increased grant amount of $857,934.00 for the period October 1, 2018 through September 30, 2019 and said amounts are appropriated in the No. 1066 Health Grants Fund to continue the WIC program in the Health District (City). Section 3: The amendment also includes revisions to: the references of DSHS to HHSC to reflect the change in to reflect the consolidation of the entities; Section III, Duration; Section IV, Budget; Section I(H), Attachment A, Statement of Work; Section I(M), Attachment A, Statement of Work; Section I(N), Attachment A, Statement of Work; Section I(R), Attachment A, Statement of Work; Section I(S), Attachment A, Statement of Work; Section I(BB), Attachment A, Statement of Work; Section II(A), Attachment A, Statement of Work; Section III(A), Attachment A, Statement of Work; Section III(B), Attachment A, Statement of Work; Section III(D)(3), Attachment A, Statement of Work; Section 2.03, Financial Status Reports (FSRs) in Attachment D, Supplemental and Special Conditions; Section 4.03, Submission of Audit is added to Attachment D, Supplemental and Special Conditions; and Section 1.16 Child Abuse Reporting Requirement of Attachment D, Supplemental and Special Conditions. Section 4: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 5: Each fiscal year, should funding be awarded, upon execution of the grant agreements, that the grant funds awarded by Health and Human Services Commission for the WIC program shall be deemed appropriated in the No. 1066 Health Grants Fund for the WIC program and said funds may be spent by the Corpus Christi Nueces County Public Health District for their intended purposes upon receipt of funding. Section 6: That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a)carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State or Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. Section 7: A copy of the executed grant shall be filed in the office of the City Secretary. 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 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT NO.2017-049800-001 AMENDMENT NO.2 The HEALTH AND HUMAN SERVICES COMMISSION("HHSC"or"System Agency")and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("Grantee"),who are collectively referred to herein as the "Parties" to that certain Women, Infant and Children's Nutrition Local Agency grant contract effective October 1, 2016 and denominated HHSC Contract No. 2017- 049800-001 ("Contract"), as amended, now desire to further amend the Contract. RECITALS WHEREAS, the Department of State Health Services ("DSHS") was an original party to the Contract; WHEREAS, all functions associated with the Contract were transferred from DSHS to HHSC by operation of law in accordance with Senate Bill 200, 84'h Legislature (requiring consolidation of the Health and Human Services System) and Texas Government Code Chapter 531; WHEREAS,the Contract provides that DSHS may assign,pledge or transfer the Contract to another State agency(see Attachment B, Uniform Terms and Conditions, Section 9.06, Assignments); WHEREAS, System Agency has elected to extend the Contract through Fiscal Year ("FY") 2019 (October 1, 2018 through September 30, 2019) in accordance with Section III of the Contract. WHEREAS, the Parties desire to revise the Budget for FY 2018 (October 1, 2017 through September 30,2018) and FY 2019; WHEREAS; the Parties desire to revise the Statement of Work; and WHEREAS, these revisions will result in a decrease in funding of ONE HUNDRED FORTY-Two THOUSAND FOUR HUNDRED EIGHTEEN DOLLARS($142,418.00) for FY 2018 and an addition of EIGHT HUNDRED FIFTY-SEVEN THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($857,934.00)in federal grant funds for FY 2019. Now,THEREFORE,the Parties hereby amend and modify the Contract as follows: 1. References in the Contract to "DSHS"are hereby changed to "HHSC". 2. SECTION III of the Contract, DURATION, is hereby amended to reflect a new termination date of September 30, 2019. 3. SECTION IV of the Contract, BUDGET, is deleted and replaced in its entirety with the following: System Agency Contract No.2017-049800-001 Page 1 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 IV.BUDGET The total amount of this Contract will not exceed Two MILLION SEVEN HUNDRED FORTY THOUSAND SEVEN HUNDRED SEVENTY-EIGHT DOLLARS ($2,740,778.00), of which $1,012,631.00 is allocated to FY 2017 (October 1, 2016 through September 30, 2017), $870,213.00 is allocated to FY 2018 (October 1, 2017 through September 30, 2018) and $857,934.00 is allocated to FY 2019 (October 1, 2018 through September 30, 2019). All expenditures under the Contract will be in accordance with Attachment A, Statement of Work. 4. SECTION I(H) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: H. Conduct outreach to potential participants and implement strategies to retain existing participants. 5. SECTION I(M) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: M. Allow System Agency or its agent to configure all desktop, laptops, and tablets purchase with WIC funds for access to the Texas Integrated Network ("TXIN") Management Information System ("MIS") at all Grantee WIC clinics and administrative offices. Grantee will notify System Agency in writing not less than forty-five(45) days prior to the relocation of a site, and the deployment of a new site. Grantee is responsible for all desktop, laptops, and tablet maintenance and hardware support. 6. SECTION I(N) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: N. Grantee is required to immediately address,or facilitate internal access to all its clinics to the System Agency or its agent to facilitate the resolution of any issues restricting valid food benefit issuance to eligible WIC participants. Grantee is required to notify the System Agency of any issues resulting in the interruption of services for a period of four(4) hours or more. 7. SECTION I(R) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its entirety and replacing it with the following: R. Omitted. 8. SECTION I(S) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: S. Implement special projects according to System Agency-approved plan related to nutrition education, outreach or breastfeeding and submit any required deliverables in a format approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee's plan for the special project. System Agency Contract No.2017-049800-001 Page 2 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 9. SECTION I(BB) of ATTACHMENT A,STATEMENT OF WORK,is deleted and replaced in its entirety with the following: BB. Submit to System Agency or maintain the following deliverables in a format designated by System Agency: 1. Monthly WIC Local Agency Performance Measure Report submitted by the 15th calendar day of the following month; and 2. Monthly Extended Hours Summary Report submitted by the 15th calendar day of the following month. 10. SECTION II(A) of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Grantee shall ensure: 1. An average of 95°0 of families each quarter who participate in the WIC Program by receiving food benefits also receive nutrition education classes or individual counseling; 2. Each quarter an average of 2000 or greater of all pregnant women who enter the WIC Program are certified as eligible; 3. Each quarter an average of 800 o of clients who are enrolled in the WIC Program, excluding dual participants and transfer locked and/or migrant clients, participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care are referred to at least one (1) source of health care at certification of eligibility. 11.SECTION IH(A)of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form 4116) at littus: hhs.texas.t:ov/laws-re.=ulations forms 4000-4999 form-411x`• state-texas-plll-chase-voucher and submit with any supporting documentation by electronic mail to System Agency at WicVouchers@hhsc.state.tx.us. Grantee shall indicate separately on the face of the State of Texas Purchase Voucher, the costs associated with nutrition education,breast-feeding,and other administrative costs. 12. SECTION III(B) of ATTACHMENT A, STATEMENT OF WORK, is amended by modifying and replacing it with the following: B. Grantee will submit Financial Status Reports("FSR")by electronic mail to the System Agency at WicVouchers@hhsc.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. System Agency Contract No.2017-049800-001 Page 3 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 13. SECTION III(D)(3)of ATTACHMENT A,STATEMENT OF WORK, is deleted and replaced in its entirety with the following: 3. Administrative costs will be reimbursed based on actual costs,but not to exceed the "maximum reimbursement" based upon the sum of the participants who were issued WIC EBT cards each month plus infants who do not receive any WIC EBT cards whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the same fiscal year. 14. The Parties agree to revise the supplemental condition for Section 2.03,Financial Status Reports (FSRs) in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS to provide as follows: Except as otherwise provided in these Uniform Terms and Conditions or in the terms of any Attachment(s) that is incorporated into the Contract, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five(45) calendar days following the end of the applicable Fiscal Year. 15. The Parties agree to add the following supplemental condition to ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS: Section 4.03, Submission of Audit, of the Health and Human Services Commission Uniform Terms and Conditions—Grant,Version 2.13 is deleted and replaced in its entirety with the following: 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program-Specific Audit to the System Agency as directed in this Contract and another copy to: single—audit—report@hhsc.state.tx.us. 16. SECTION 1.16, Child Abuse Reporting Requirement of ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS,is deleted and replaced in its entirety with the following: Section 1.16 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall comply with System Agency WIC Program Child Abuse policy. 17. This Amendment No.2 shall be effective as of May 1, 2018 or upon the date this Amendment is signed by both Parties, whichever occurs later. System Agency Contract No.2017-049800-001 Page 4 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 18. Except as amended and modified by this Amendment No. 2 all terms and conditions of the Contract, as amended, shall remain in full force and effect. 19. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No.2017-049800-001 Page 5 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 SIGNATURE PAGE FOR AMENDMENT No.2 HHSC CONTRACT No.2017-049800-001 HEALTH AND HUMAN SERVICES CORPUS CHRISTI-NUECES COUNTY COMMISSION PUBLIC HEALTH DISTRICT(CITY) By: Name: Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 FFATA Approved as to form:9 q ssistant City Attorney For City Attorney System Agency Contract No.2017-049800-001 Page 6 of 6 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section Signor must provide written notice to DSHS detailina which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name,Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:8E56170E-2106-480E-A10E-A710555F4DE2 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor)of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B.Certification Regarding Amount of Annual Gross from Federal Awards Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is "Yes" to both question "A" and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is "Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 Docu a$acueto Certificate Of Completion Envelope Id:8E56170F2106480FA10FA710555F4DE2 Status:Sent Subject:Amending$2,740,778;2017-049800-001;Corpus Christi-Nueces County A-2;HHSC/WIC Source Envelope: Document Pages:13 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.14 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign August 6,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Greta Rymal Completed Sent:August 6,2018 Greta.Rymal@hhsc.state.tx.us Viewed:August 6,2018 Texas Health and Human Services Commission Signed:August 6,2018 Security Level:Email,Account Authentication Using IP Address: 107.77.210.37 (None) Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriquez Sent:August 6,2018 annetter@cctexas.com Viewed:August 16,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray Karen.Ray@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cecile Young cecile.young@hhsc.state.b(.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amy FitzGerald C 0 PI E� Sent:August 6,2018 amy.fitzgerald@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Wright COPIED Sent:August 6,2018 cynthia.wdght@hhsc.state.tx.us Viewed:August 6,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathrine Galvan COPIED Sent:August 6,2018 KathrineG2@cctexas.com Viewed:August 6,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pam Wells pam.wells@hhsc.state.b(.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted August 6,2018 Payment Events Status Timestamps SC �o v AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2018 NOfl VOPPT E� 1852 Second Reading for the City Council Meeting of September 25, 2018 DATE: August 30, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P. E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Construction Contract Laguna Shores Road Force Main Replacement Capital Improvements Program (CIP) CAPTION: Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing to execute a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$4,425,112.50 for the Base Bid, plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). PURPOSE: This project replaces an existing wastewater force main (FM) and lift station along Laguna Shores Road and provides upgrades to four additional lift stations in Flour Bluff Area. BACKGROUND AND FINDINGS: This project is critical to the Laguna Madre Wastewater Treatment Plant (WWTP) collection system that services all of Flour Bluff Area. The collection system is comprised of the WWTP near Naval Air Station (NAS) Corpus Christi with thirteen City owned lift stations. Eleven of the thirteen lift stations service the area south of South Padre Island Drive (SPID) and were designed to convey all the wastewater flows through an 18-inch FM and parallel 10-inch FM along Laguna Shores that cross under SPID and continue north to the Laguna Madre WWTP. Project No.:L10054 1 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 The 10-inch FM was constructed in 1975 and removed from service due to age and deterioration. Currently, only the 18-inch FM is in service and prevents proper maintenance, plus it is inadequate to meet peak flows, resulting in overflows. Additionally, Gateway Lift Station is out of service due to age, severe corrosion and deterioration. Four other lift stations will also receive minor improvements and flow meters to better monitor flows and peak demands to improve TCEQ permit compliance. This project replaces the existing 10-inch FM with a new 24-inch FM along Laguna Shores Road from Graham Road north across SPID to the WWTP, it includes a new Gateway lift station on Laguna Shores near SPID and improvements to 4 additional lift stations. The project was developed with a Base Bid and two Additive Alternatives as follows: BASE BID: The Laguna Shores Road FM Replacement Project for a new 24-inch FM from Graham Road, along Laguna Shores Road to Laguna Madre Wastewater Treatment Plant for a total length of approximately 5,500 feet. In addition, the existing Gateway Lift Station near SPID will be replaced with a new lift station and associated new gravity infrastructure. ALTERNATE NO 1: Additive Alternative No.1 includes full width pavement reconstruction between Graham Road and new Gateway Lift Station. This allows full pavement restoration to be coordinated with the proposed Bond 2018 Laguna Shores Street Reconstruction — Proposition A. ALTERNATE NO 2: Additive Alternate No. 2 includes minor upgrades and installation of flow meters at the following four lift stations; Riviera, Laguna Shores, Waldron, and Flour Bluff. On July 25, 2018 the City received proposals from six (6) bidders. One bidder was found to be non- responsive and was not considered. A summary of the responsive bids is provided below. BID SUMMARY CONTRACTOR BASE BID ADD. ALT. 1 ADD. ALT. 2 TOTAL BID Ihoheroc $104,407.92 Q_eRStri GtieR 'sti, Texas- $3,863,123.7-5 $354,514.30 Q 277 (1nF D7 �e MAX Underground Construction, LLC. $3,939,741.50 $402,021.00 $83,350.00 $4,425,112.50 Corpus Christi, Texas Person Services Company, LLC Humble, Texas $4,229,113.74 $561,997.39 $134,742.08 $4,925,853.21 CPC Interest, LLC DBA Clark Pipeline Services. Corpus $4,470,531.76 $470,096.10 $137,382.76 $5,078,010.62 Christi, Texas Bridges Specialties Inc. Robstown, Texas $4,589,070.26 $404,316.78 $118,208.00 $5,111,595.04 Spiess Construction Santa Maria, California $4,978,106.00 $373,267.00 $231,500.00 $5,582,873.00 Engineer's Opinion of $4,660,000.00F$388,329.90 $180,300.00 $5,229,071.81 Probable Cost Project No.:E10054 2 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The FM crossing under SPID requires coordination and a utility permit from TxDOT. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2017 CIP Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2017-2018 Expenditures (CIP only) Budget 529,817 5,390,283 5,920,100 Encumbered / 529,817 529,817 Expended Amount This item 4,425,113 4,425,113 Future Anticipated Expenditures This 845,641 845,641 Project BALANCE 01 119,529 1 119,529 Fund(s): Wastewater CIP #25 RECOMMENDATION: Staff and LJA recommend awarding the construction contract to Max Underground Construction, LLC., the Base Bid plus Additive Alternative No. 1 and Additive Alternative No. 2. LIST OF SUPPORTING DOCUMENTS: Ordinance Letter of Recommendation Project Budget Presentation Location Map Project No.:L10054 3 PM/GH Legistar No.:18-1059 Rev.3—08/28/18 Page 1 of 2 Ordinance rejecting the apparent low bid of Jhabores Construction Company, Inc., as non-responsive and authorizing a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $4,425,112.50 for the Base Bid, plus Additive Alternate No. 1 and Additive Alternate No. 2 for the Laguna Shores Road Force Main Replacement project (Wastewater CIP). WHEREAS, six bids were received on July 25, 2018, for the Laguna Shores Road Force Main Replacement project (Project); and WHEREAS, the apparent low bidder for the Project, Jhabores Construction Company, Inc ("Jhabores"), failed to respond to the requirements of the bid documents; and WHEREAS, Section 00 21 13 Invitation to Bid and Instructions to Bidders instructs the Bidder to complete and submit the Bid Form, Bid Bond and Bid Acknowledgement Form with all required documents identified in the Bid Acknowledgement Form and informs the Bidder that a Bid will be rejected if the Bid is not signed by an individual empowered to bind the Bidder; WHEREAS, Jhabores failed to submit a signed Bid Acknowledgement Form, and the Bid is therefore nonresponsive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Jhabores Construction Company, Inc is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Max Underground Construction, LLC of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $4,425,112.50 for the Base Bid plus Additive Alternates No. 1 and No. 2 for the Laguna Shores Road Force Main Replacement project (Wasterwater CIP). Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 PROJECT BUDGET ESTIMATE LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT Capital Improvement Program Project PROJECT FUNDS AVAILABLE: WastewaterCIP......................................................................................................... 5,920,100 TOTAL FUNDS AVAILABLE 5,920,100 FUNDS REQUIRED: Construction and Contingency Fees:.............................................................................. 4,867,624 Construction Estimate(MAX Underground) THIS ITEM 4,425,113 Contingency(10%)............................................................................... 442,511 Construction Inspection and Testing Fees:...................................................................... 179,880 Construction Inspection(Est)................................................................. 154,880 Materials Testing Services(Est) ............................................................. 25,000 DesignFees:........................................................................................................ 529,817 Original A/E Consultant Contract(LJA).................................................... 49,840 Amendment No 1 (LJA)........................................................................ 479,977 Reimbursements:....................................................................................................... 223,250 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) .............. 88,500 Engineering Services(Project Mgt) ........................................................ 132,750 Misc. (Printing,Advertising, etc.)............................................................ 2,000 TOTAL 5,800,571 ESTIMATED PROJECT BUDGET BALANCE 119,529 eq p �Ok/ 286 Q M°RG °O 0 9� °O z 3 s'�9 Fgti CORPUS CHRISTI BAY 6" ti N v Q 9 h� SCALE: N.T.S. Q oar c�RO� <<iyq� LAGUNA SHORES ROAD FORCE MAIN TEti H RSITY REPLACEMENT CORPUS CHRISTI h 358 2 O 4i Q� ,t�gTOcg3�0 MCA�O�f o CABANISS4y i OSO BAY a CORPUS CHRISTI FIELD J Q NAVAL AIR STATION 4� ?° FLOUR BLUFF 358 286Q w FQ z J F O 0 or H 361 P22 b LAGUNA ''ACKE MADRE E� GULF OF MEXICO Corpus Chir sti Engineering Laguna Shores Road Force Main Replacement Council Presentation September 18, 2018 Project Location Corpus Chr sti Engineering CORPUS CHRISTI BAY n SCALE:N.T.S. RT LA5LJNA SHORES ROAD FORCE MAIN ohwaa REPLACEMENT °mac��pa e 050 BAY —R—wx 11 FLOUR BLUFF �o LAGUNA MADRE GULF OF MElIC0 Project Vicinity J ✓ Corpus Chrsti Engineering -1 7-11 LAGUNA SHORES ROAD FORCE MAIN SCALE: N.T.S. REPLACEMENT LAGUNA SHORES WASTEWATERTREATMENT PLANT Locations: 1. Riviera Lift Station(Upgrades) 2. Laguna Shores Lift Station(Upgrades) 3. Waldron Lift Station(Upgrades) 4. Flour Bluff Lift Station(Upgrades) 5. Gateway Park Lift Station(Replacement) Project Scope Corpus cry sr. Engineering This project provides for replacement of existing 10-inch wastewater force main along Laguna Shores Road from Graham Road to Laguna Madre WWTP. The new 24-inch force main will convey partial Flour Bluff wastewater flows from the Laguna Shores Lift Station to the Laguna Madre WWTP. The scope of work will include the following major elements: - Construct a new force main paralleling Laguna Shores Road from Graham Road to Laguna Madre WWTP; - Construct a new Gateway Lift Station and associated new gravity wastewater infrastructure necessary to take offline the existing siphon wastewater line beneath SPID; - Install flow meters at the following lift station (LS) locations: Riviera LS, Laguna Shore LS, Waldron LS, Flour Bluff LS and new Gateway LS. - Reconstruct the full width of Laguna Shores Road from Graham Road to New Gateway Lift Station. to Project Schedule 1 Corpus Chr SO Engineering i 2019 JUN JULY AUG SEP OCT NOV DIC JAN FEB MARAPR MAY JUN JUL AUG Bid/Award Construction Projected Schedule reflects City Council award in September 2018 with construction completion in August 2019. Ili 820 Buffalo Street,Corpus Christi,Texas 78401 LJA ENGINEERING t 361.887.8851 f 361.887.8855 LJA.com TBPE F-1386 TBPLS 10016600 August 9, 2018 City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. JH Edmonds, PE Director of Engineering Services Re: Laguna Shores Road Force Main Replacement Project No. E10054 RECOMMENDATION OF AWARD LJA Project No. C007-12047 Dear Mr. Edmonds: We have reviewed the six (6) bids received on July 25, 2018 for the Laguna Shores Road Force Main Replacement Project("Project"). The project includes installation of a new 24" force main from Graham Road, along Laguna Shores Road and E. Lakeside Drive, to the Laguna Madre Wastewater Treatment Plant, a total length of approximately 5,500 feet. In addition, the existing Gateway Lift Station will be replaced with a new lift station, flowmeter, and associated new gravity wastewater infrastructure necessary to take the existing siphon wastewater line beneath Park Road 22 offline and abandon in place. Additive Alternate No. 1 includes Full Width Pavement Reconstruction between Graham Road and the new Gateway Lift Station. Additive Alternate No. 2 includes the installation of flowmeters at the following locations: Riviera Lift Station, Laguna Shores Lift Station, Waldron Lift Station and Flour Bluff Lift Station. The bidders were Max Underground Construction, LLC. ("MAX")', Person Service Company, LLC. ("Person"), CPC Interests, LLC, DBA Clark Pipeline Services ("CPC"), Bridges Specialties, Inc. ("Bridges"), Spiess Construction Co. Inc. ("Spiess") and Jhabores Construction Co.. Inc. ("Jhabores"). All six (6) bids were reviewed by City legal and the Jhabores bid was deemed nonresponsive. The remaining five (5) bids were deemed complete and responsive. The five (5) bids have been evaluated and a Bid Tabulation (attached) has been prepared. The bids from MAX, Person, and CPC contained minor math errors. The bids from Bridges and Spiess contained no math errors. The math errors did not change the relative bid status. In addition to the Bid Proposal, MAX has submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed the MAX Statement of Experience and found it to be complete. LJA has also reviewed that Statement of Experience by Person and found it to be complete. LJA will review the statement of Qualifications from CPC upon receipt and will forward to the City. All five responsive bidders have significant construction experience in the type of work proposed by this project. MAX is a local contractor with successfully completed projects for, and in, the City of Corpus Christi. Mr.JH Edmonds, PE August 9,2018 Page 2 of 2 The bid was composed of the following combinations: Base Bid, Base Bid + Alternate Bid No. 1 or Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The bids were evaluated based on the availability of funds and on the following three (3) bid combinations. 1. Total Base Bid or 2. Total Base Bid + Alternate Bid No. 1 or 3. Total Base Bid + Alternate Bid No. 1 +Alternate Bid No. 2 After review and evaluation of the bids, the City has directed that the contract be awarded on the basis of Total Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2. The contract documents stipulate that the project shall be substantially complete within 270 days from the Notice to Proceed and establishes the liquidated damages amount of $1,200 for each day that expires after the substantial completion time. After review of the bid proposals and requisite additional documentation, LJA acknowledges that MAX Underground Construction, LLC. is the lowest bidder on the Project and meets the requirements for award of the Project. MAX Underground submitted a Base Bid in the amount of $3,939,741.50 an Additive Alternate Bid No. 1 of $402,021.00 and an Additive Alternate Bid No. 2 of $83,350 for a total of Base Bid + Additive Alternate Bid No. 1 + Additive Alternate Bid No. 2 of$4,425,112.50. Based on the staff's confirmation that the budget is sufficient, LJA recommends that the City award the Project to MAX Underground Construction, LLC. for the following amount: Base Bid + Alternate Bid No. 1 + Alternate Bid No. 2 $4,425.112.50 If you have any questions, or require any additional information, please contact our office. Very truly yours, Don Rehmet, PE, RPLS Vice President cc: Pablo Martinez, PE, Project Manager, City of Corpus Christi Attachments: - Bid Tabulation - Bid Proposal from Each Contractor (6 Total) - Section 00 45 16 Statement of Experience Documentation from MAX Underground TABULATION OF BIDS DEPARTMENT OF END IN EF_ CITY OF CORPUS CHINSI TABULATED BY: eENR9en mein 9P.E^CR.P.L.9. ESTIMATE:$4,660,000 IS Bi0) BID DATE: 5$016 LAG OergN. Construction,LLC ompany,LLC kNPepe�line Bervcg 1111 Bpecialtiez,Inc. Bpigz CenziructieN Co.,Inc. haler ompany,Inc. NCO-JAE o0f Coypus ClrsO PCojenlNo.E10054EMENT A%D PO.Box2]1106 Pe teTey Drive 229 P.O.Bex 60069 ngineering,Inc.Preject Ne.000]1204] Corpuz Chnzti,T%]642] Leopar0 Street Corpuz ChIl T%]6466 Corpuz Clnzti,T%]6409 ITS" PTION R DDANTItt D RTA ja GENER Alon(Max 5%) 6195 DDpDD 8 0 8 885258] 8 ] 82➢542500 8 0 812000000 8 0 822000200 8 0 81820]300 8 -7300 8 3 0 8 0 8 112366.11 8 1 8 8 0 8 0 $ 4000000 8 0 8 14000000 8 0 8 6500000 865 000 00 8 2 0 8 0 8 4 4 8 4 $ 1 5 8 5 8 1600000 8 0 8 5000000 $ 0 $ 3500000 8 35 00000 8 0 8 0 8 is 046.14 8 4 8 1 0 8 0 8 250000 8 0 8 1 0 8 0 $ 2450000 8 24 500 00 PDoal4tlon $ 0 8 0 8 4696]3 8 5 8 5 8 5 8 0 8 0 8 0 8 0 8 0 8 1 750d) L6 28 5 0 8 0 8 5000000 8 0 8 5 0 8 0 8 50000.00 8 0 8 5 0 8 0 8 50000.00 8 OU JJU 00 8 2 0 8 0 $ 2500000 6 0 $ 2 0 8 0 $ 2500000 8 0 $ 2 0 8 0 $ 2500000 8 25 000 00 $ 5 8 465 00 8 1 075 545 00 8 536 113 $ 124013x.34 8 467 75 8 1 d3l 905 75 8 630 00 8 1 457 19000 $ 0 8 0 8 0 8 1 112 55300 LF 437 8 0 8 0 8 6 8 2 8 5 8 5 8 0 8 0 8 0 8 0 8 0 8 5nally Drlllletl 360Fuslble 0905(DR-18)PkVCnCasing 8 17500 8 31237500 87 8 9 8 5 8 5 8 0 $ 0 8 0 8 0 8 0 8 353 97000 atety 8 0 8 0 $ 6324.93 6 37 949 SO $ 13 675 00 8 112 050 00 $ 12000.00 8 72 000 00 8 1 000 00 8 6 000 00 8 500 00 8 3 00000 8 220 00 8 239 51SO 00 8 140 64 8 153 156 96 8 263 33 8 B36 766 37 8 230 00 8 250 470 00 8 2913 00 8 324 522 00 8 139 54 8 206 40906 8 250 00 8 272 500 00 8 142 06 8 154 345 40 8 263 33 8 B37 029 70 8 23Y 00 8 259 420 00 8 00 8 335 720 00 8 206 73 8 225 33-0 1 212LF 96 8 0 8 0 8 ] 8 2 8 3 8 3 8 0 8 0 8 0 8 0 8 1 8 19 613 76 905(2111)PVC F once Maln(10'102) 8 31500 8 976500 8 145 36 8 4 521 66 8 B34 013 8 3 306 413 8 250 00 8 7 75000 8 35300 8 1094300 8 230 12 8 7 13372 US LF 215 8 315 00 8 67 725 00 8 142 47 8 31 921 05 8 325 513 8 69 999 70 8 315 00 8 67 725 00 8 403 00 8 36 645 00 8 4 8 60 574 10 8 345 00 8 63 135 00 8 151 32 8 27 7S3 06 8 339 41 8 62 112 03 8 315 00 8 57 645 00 8 433 00 8 79 239 00 8 436 60 8 79 397 ISO 8 0 8 0 8 9 8 6 8 3 8 2 8 0 8 0 8 0 8 0 8 0 8 27 040 00 W,PSntln9 o 8 23 50 8 63 544 00 $ 23 42 8 63 429 92 8 43 513 8 117 340 32 8 20 00 8 54 U30 00 8 25 00 8 67 600 00 8 20 53 8 55 513 12 sung 13"FM(Incl.All Req'tl 11 FM Plpe-Appurtenances 1 (Esd utll ng TeeaRed cerEantl Plug Valve 6Do a),Llne Stop wOh Dypass,6 Coo,d,natlon wIN 1 6 36 000 00 8 36 000 00 6 66779 92 8 60 779 92 6 57 002 33 8 57 002 33 6 7000000 8 70 000 00 6 40000 00 8 40 000 00 6 4139005 8 41 390 35 City Operating Department) 8 0 8 0 8 0 $ 0 8 0 8 0 8 0 8 0 8 0 8 0 8 503061 8 5 U30 61 8 0 8 0 $ ]5]1.91 8 1 1 1 0 8 0 8 1050.00 8 0 8 0 8 0 8 0 8 5 44030 8 3 025 00 8 3 025 00 8 321732 8 3 B37 32 8 3 8 3 160 53 8 750000 8 7 500 00 8 2 500 00 8 2 50700 8 2610.0] 8 2 910 07 B17 13 Plug Valve aDos EA 1 8 6 575 00 8 6 575 00 $ 9091.14 8 9 391 14 8 3 B31 33 8 3 Y31 33 $ 2500000 8 25 000 00 $ 10 000 00 8 10 000 00 8 6 137 29 8 6 137 29 8 2 425 00 8 0 $ 260971 8 2 609 71 8 2 5513 413 8 2 5513 413 $ 1200000 8 12 000 00 8 4 500 00 8 4 500 00 8 2 126 91 8 2 126 91 8 1 0 8 0 $ 21021.11 8 6 $ 1 5 8 0 $ 3500000 8 0 $ 1 0 8 0 $ 1 5 8 36 362 90 8 272500 8 1907500 $ 2513 37 8 20 39709 8 2 332 313 8 19 326 66 $ 530000 8 37 10000 8 300000 8 21 00000 8 2 7513 00 8 1730600 B21 24 22 5-Bend EA 3 8 2 725 00 8 3 175 00 $ 251292 8 6 8 2 332 313 8 3 497 14 6 530000 8 15 900 00 8 3 000 00 8 9 000 00 8 2759 00 8 3 277 00 B22 24 45-Bend EA 17 8 2 950 00 8 50 150 00 $ 2765 44 6 1 8 4 8 1 $ 530000 8 0 8 0 8 0 8 00 8 47 447 00 8 0 8 0 $ 10595.5 8 0 $ 1 0 8 030 676 00 $ 2500000 8 150 000 00 $ 10 000 00 8 60 000 00 $ 1253].21 8 75 223 60 EA 6 8 0 8 0 $ 201104 8 4 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 1 500 00 Adjust Manhole Ringeanh Cover EA 28 0 8 0 6 1635 46 8 0 8 0 8 0 6 1500.00 8 0 8 0 8 0 6 0 813 730 00 B26 Connect New 24 18 0 8 0 8 56360] 8 7 8 0 8 0 8 100000 8 0 8 1 0 8 0 8 14$92.09 814 592 09 8 5 00 8 14 590 00 8 10 27 8 29 967 36 8 12 45 8 36 329 10 8 10 00 8 29 1IYO 00 8 17 00 8 49 606 00 8 3 90 8 11 3YO 20 8 3 50 8 10 213 00 8 2 01 8 5 365 113 8 4 913 8 4 8 5 00 8 14 590 00 8 1 00 8 0 8 3 36 89 304 42 P 8 0 8 0 8 6 $ 1 8 2 8 6 8 2 8 6 8 0 8 0 8 6 811 263 42 yp eD n ase per TxDOTStd Spec tem No.24](-de 2 913 $ 0 8 0 $ 6 6 1 $ ] 8 6 6 0 6 0 6 0 8 0 6 3 8 Rep75 U30 14 a r Lm Beyond E.O.P) oat(0.20 GallonsSV) 8 0 8 0 8 1 8 4 8 6 8 4 8 0 8 0 8 0 8 0 8 5 8 3 650 00 3°Type'D'HMAC SY 2 747 8 23 50 8 64 554 50 8 33 513 8 92 244 26 8 26 62 8 73 125 14 8 30 00 8 32 410 00 8 25 00 8 613 675 00 8 B3 51 8 713 316 97 B33 Reflect-PY,eld LF 3 092 8 1 00 8 3 092 00 8 3 65 8 11 B35 ISO 8 1 00 8 3 092 00 8 1 00 8 3 092 00 8 1 00 8 3 092 00 8 0 90 8 2 7S2 ISO 8 1 00 8 140 00 8 10 05 8 1 407 00 8 1 00 8 140 00 8 1 00 8 140 00 8 1 00 8 140 00 8 0 90 8 126 00 8 0 8 0 8 1 8 3 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 974 70 B36 RN,ed Reflect-P—Dent rking,JVII--)Yellow 0 mil EA 53 $ 11 0 8 0 8 34 61 8 4 424 33 8 12 45 8 659 35 8 12 00 8 636 00 8 100 00 8 5 300 00 8 11 20 8 593 60 B37 AID Fence LF 4 320 8 2 20 8 10 604 00 8 2 64 8 12 724 ISO 8 4 36 8 21 015 20 8 3 00 8 14 460 00 8 2 00 8 9 640 00 8 3 64 8 17 544 ISO 8 205 00 8 1 435 00 8 573 01 8 4 011 07 8 311 25 8 2 1713 75 8 175 00 8 1 225 00 8 100 00 8 700 0 0 $ 2 8 8 0 8 0 8 6 $ 1 8 ] 8 1 8 0 8 0 8 0 $ 0 8 3 8 SUBTOTAL PART B NEW FORCE MAIN 8 8 6 3"S 925.95 8 8 8 PART C N EW GATEWAY LIFT 37ATION 8 2 0 8 0 8 256]603 8 3 8 3 ] 8 ] 8 1200000 8 0 8 3 0 8 0 8 113]2 34 8113 37234 8 215,000.00 8 0 1 26554/0/ 8 1 8 2]5,9]4.1] 8 ] 6 24]4]200 8 0 8 666000.00 8 0 8 30/14204 814204 C3 Open T,ench 6 C900(DR ll3)PVC FoDe Call, LF 1 10 8 0 8 0 $ 1 8 0 8 2 8 0 8 0 8 0 8 0 8 0 8 ] 85 430 70 110 00 8 0 8 0 8 9 8 0 8 5 8 0 8 0 8 0 8 0 $ 0 8 0 8 Win 8 0 8 0 8 1 8 0 8 5 8 0 8 0 8 0 8 0 8 0 8 0 8 2 530 00 EA 1 8 0 8 0 8 4 8 4 8 0 8 0 8 0 8 0 8 0 $ 0 8 2 8 8 0 8 0 $ 4309.]4 6 1 8 4 8 1 $ 3200.00 8 0 8 0 8 0 8 1314.30 82 76260 6 45-Bend(on ROD 6 C900 PVC F iU.TOTALPARTC NEW GATEWAY LIFT 37ATION Ute.s ON t;4IU CIN 8 0 $ 0 8 1 8 4 8 1 $ 4 8 0 $ 0 8 0 8 0 8 0 8 8 323,5]5.00. 8 8 8 8 8 LNG .ePgroun. .1to,6.Ol ,LLC 1431S ..p..:y,LLC knPepallne OLD" Brl.gg 3peclalilez,Inc. 9plgz Conzirucilon Ce.,Inc. .a.or ompany,Inc, �C.y o�Cospus C.rs�PCojenlNo.Et.05aEMENT N%V ...6.x2]11.6 Pe torey.rlI 229 CP0,6 x16089 LOA Englneering,Inc.Project No.C..]12.a] Corpuz C.nzil,T%]e42] Leopard StreetTX 783 Corpuz C.nzil,T%76466 Corpuz C.nzik T%]ea.9 ITS R GIINNTItt V PART D GRAVITY WAST AT�E UP 0V Dl GPD P11 Ld Ab,Id sung 4N FM LF 21 8 0 8 0 8 94 59 8 1 98639 8 21 17 8 ] 8 0 8 0 8 0 8 0 8 9 827699 D2 GPD P11 Ld Ab, LF 22 8 0 8 0 8 3 8 6 8 0 8 0 8 0 8 0 8 0 8 0 8 9 8 18 8 0 8 0 8 5 8 44 D12 8 9 8 5 8 0 8 6025.00 8 0 8 0 8 5 8 500.25 ewagea trout nanbaAbanbonnln�Place Eslsling l2"wwL 8 0 8 0 8 ] 8 3052070 8 ] 8 0 8 0 8 1005000 8 0 8 0 8 4 8 9164 40 ewage an b Grout Fl 11 Bottom of EslstOg 4Manbo le to F 1­1 EA 1 8 2 100 00 8 2 100 00 8 2 267 61 8 226761 8 13 906 65 8 13 906 65 8 1 700 00 8 1 700 00 8 2 000 00 8 2 000 00 8 1 234 5D 8 123453 Ring'Cover,Top 2 ­h, and Grout a ntl Abandon-In-Pla se Exlsiing­h,le EA 4 8 1 250 00 8 5 000 00 8 2 267 61 8 90704 8 11 777 70 8 47 110 DO 8 2 000 00 8 BDOD.00 8 2 000 00 8 D 000 00 8 1 09D 45 8 409300 8 625 00 8 625 00 8 591 D3 8 591 D3 8 1 559 99 8 1 559 99 8 750 00 8 750 00 8 1 000 00 8 1 000 00 8 167 1 8 31 DO 12 AD R26 PVC(1 oa12) 8 0 8 0 8 4 8 ]695.60 8 2 8 0 8 0 8 0 8 0 8 0 8 1 8 32$.15 DO 11 AD 26 PVC 1 2 174C"t PO'I LF 106 8 155 00 8 16 430 00 8 36 13 8 3029 GO 8 136 76 8 14 496 56 8 160 00 8 16560.00 8 1 200 00 8 127 200 00 8 142 35 8 15039.10 o 8 2 50 8 927 50 8 9 39 8 3 4D3 69 8 7 47 8 2 771 37 8 15 00 8 556500 8 1 00 8 371 00 8 5 00 8 1 055 00 Dl 1 1­11 nting I LF 1 371 1 8 27 00 8 10 017 00 1 8 23 48 1 8 3 8 3 8 3 8 0 8 0 8 0 8 0 8 0 8 BD3300 8 0 8 0 8 7 8 23026.35 8 0 8 0 8 1 0 8 50000.00 8 2 0 8 0 8 4 8 35 432 20 MT 8 0 8 0 8 9 8 3 8 1 8 ] 8 0 8 2160000 8 0 8 0 8 ] 8 1]335.39 8 0 8 0 8 5 8 4696.775 8 0 8 0 8 1 0 8 5000000 8 0 8 0 8 0 8 250000 EA 5 8 0 8 0 8 1$4.52 8 0 8 ] 8 5 8 0 8 2$0000 8 0 8 0 8 13�B.�6 8 sung WW Service 8 0 8 0 8 5 8 0 8 0 8 0 8 2L00.00 8 0 8 1 81000000 8 ] 8ll�70 8 1 350 00 8 1 350 00 8 1 494 61 8 3 500 00 1 3 000 00 80 8 0 8521 00 8 1500000 8 0 8 3 3 8 3 8 ] 0 8 0 8 750008 8 0 8 5000000 8 0 8 23202.00 8 8 PARTS FLOWMETERS 8 0 8 0 8 4 8 4 8 0 8 0 8 0 8 335200 8 1 0 8 0 8 3 87 795 8 0 8 0 8 3 8 5293.53 8 ] 8 ] 8 0 8 0 8 0 8 0 8 2 8 6551.42 L3 11 L�LeLffi 8 0 8 0 8 2 8 2 8 1 0 8 0 8 0 8 3250.00 8 0 8 0 8 2 8 918452 of ty e 8 0 8 0 8 5 8 5 8 0 8 0 8 0 8 2200 20 8 0 8 0 8 0 8 E5 lAdi,,t Manhole POP and Co­ I EA 1 18 0 8 0 8 6 8 6 8 ] 8 ] 8 0 8 0 8 0 8 0 8 3 8DO 250 00 8 8 8 8 26949.00 8 8 26965... PART F ELECTRICAL 8 15 000 00 8 15 000 00 8 15 000 00 8 15 poo 00 8 15 000 00 8 15 000 00 8 15 000 00 8 15 DO-1 1 0 8 0 8 1 0 8 15 poo 00 F2 Se­e Call, EA 1 8 0 8 0 8 1 6 8 6 8 0 8 0 8 0 8 410 00 8 0 8 0 8 2 8 621062 8 2 50000 8 250000 8 27 11721 $ 27 117 1 8 0 8 0 8 0 8 311600 8 1 0 8 0 8 7 8 2DOD 2] 8 0 8 0 8 2 8 946502 8 2 230 D4 8 2 230 D4 8 2 1 9D 00 8 2 1 9D 00 8 1 000 00 8 1 000 00 8 2 107 01 8 2 107 F5 ­da Panel EA 1 8 6 0 8 0 8 1 9 8 9 8 4 5 8 5 8 4 0 8 41 D20.00 8 6 0 8 0 8 4 3 8 49051.53 F6 MO,Po­lone EA 1 8 7 500 00 8 7 500 00 8 12 430 12 812 2 8 0 8 0 8 0 8 552000 8 0 8 0 8 3 8 529053 8 0 8 0 8 2 9 8 20 D77 8 5 727 00 8 5 727 00 8 5 520 00 8 552000 8 7 000 00 8 7 000 00 8 5 290 53 8 529053 aDo le F 8 0 8 0 8 4 3 ] 8 7 8 0 8 0 8 0 8 503000 8 0 8 0 8 6 8 563556 F9 F too bugnt antl 00411.44 8 0 8 0 8 1 8 6350.31 8 4 506 90 8 4 506 90 8 4 344 00 8 4 344 00 8 3 500 00 8 3 500 00 8 4 163 42 8 42 8 0 8 0 8 9 8 27 557 00 8 6 8 0 8 3 8 1544 00 8 0 8 0 8 7 8 165115.00 8 D 000 00 8 D 000 00 8 D 9D5 56 8 353556 8 D 565 60 8 D 565 60 8 D 256 00 8 325600 8 10 000 00 8 10 000 00 8 7 912 79 8 ]512]9 8 1 0 8 0 8 2 3 8 3 8 5 8 5 8 0 8 310400 8 2 0 8 0 8 6 8 364506 aSopp ort Ra dk EA 1 8 5 500 00 8 5 500 00 8 14 05D 3D 8 14053.33 8 3 735 00 8 3 735 00 8 3 600 00 8 360000 8 6 000 00 8 6 000 00 8 3 450 5 8 8 0 8 0 8 2 7 8 232340] 8 0 8 0 8 0 8 0 8 0 8 0 8 3 8 2300.23 8 0 8 0 8 3 8 900563 8 0 8 0 8 0 8 3640.00 8 0 8 0 8 3 8 323003 8 0 8 0 8 0 8 566140 8 0 8 0 8 0 8 0 8 0 8 0 8 6 8 SUBTOTAL PART F ELECTRICAL Ul DID FISH 8 8 2]0,356.39 8 8 8 8 114993.54 ADDITIVE ALTERNATE NO.1 FULL WIDTH PAVEMENT RECONSTRUCTION 8 1 0 8 0 8 1 4 8 11�B504 8 2 0 8 0 8 1 0 8 1500000 8 1 0 8 0 8 1 0 8 1500000 8 1 0 8 0 8 1 0 8 1605230 8 1 0 8 0 8 0 8 500000 8 0 8 0 8 0 8 ]04000 20D00.00 1 8 20,000.00 1 31 1 ADD St,eet­a 8 0 8 0 8 ] 8 55520.15 8 5 8 5 8 24]1 0 0 8 0 8 0 8 0 8 0 8 2123550 31 2 ADDeobgatl vrepaatlon(1 Beyond E.o P)PART B 1 NEW FORCE MAIN 8 0 8 0 8 1 8 10544 45 8 3 8 0 8 0 8 21235.50 8 0 8 0 8 6 8 iB 295.24 SY 5445 8 6 00 8 3267000 8 5 76 8 31 363 20 8 4 25 8 23 141 25 8 4 32 8 23522 40 8 4 00 8 21 730 00 8 3 DO 8 2101]]0 AA2D 2D 116 Type ArGatlel2nCrusoetl,um estone Base per T m OT std.Sp ec Item N o.24] 8 0 8 0 8 6 8 2030]021 8 2 8 0 8 3 8 14309460 8 0 8 0 8 3 8 140/9905 (1'Beyond E.OP) SY 5445 31 5 ADD P,Pe Coat N 20 GallonISY) GAL 1069 8 6 00 8 6 534 00 8 37 37 8 4069593 8 D 96 8 9 757 44 8 5 52 8 601120 8 5 00 8 5 445 00 8 6 25 8 600625 4503 8 25 00 8 122 700 00 8 33 29 8 16333732 8 26 62 8 130 650 96 8 29 00 8 142 332 00 8 25 00 8 122 700 00 8 24 51 8 12029503 8 1 00 8 64D 00 8 4 79 8 3 103 92 8 0 93 8 602 64 8 1 00 8 64D 00 8 1 00 8 64D 00 8 0 D4 8 544 32 31 8 ADD RefleD­P110 8 1 00 8 110 00 8 11 DO 8 1306.30 8 0 93 8 102 30 8 1 00 8 110 00 8 1 00 8 110 00 8 0 D4 840 rkings TY(N 1 )P()(e)(100m1) 4664 8 0 8 0 8 5 8 1655]21 8 3 8 2 8 0 8 4664.00 8 0 8 0 8 4 8 3591].]6 8 15 00 8 285 00 8 1 16 32 8 2 210 DO 8 9 96 8 1 DO 24 8 12 00 $ 22D 00 8 0 8 0 8 6 8 170 24 MAIN I,—61:1 t.ru 61:10) g g g 6 364916.6 8 353,267.008 332474.30 ADDITIVE ALTERNATE NO.2 FLOWMETERS 8 1 0 8 0 8 3 8 3 8 0 8 0 8 12222 oo 8 0 8 0 8 0 8 450000 84 90000 8 0 8 0 8 133]692 8 2 8 0 8 0 8 0 8 0 8 0 8 0 8 150000 81 50000 8 8 2',5'6.2. 8 8 '39...00 8 8 6400.00 LNG EePgrounE Consirunion,LLC ompany,LLC knPepersline LLC " Bridge 3pecialtiez,Inc. Bpigz Construction CeEE.,lnc. habor ompany,Inc, .b,xCby o�Cospus Chrs�PCojenlNo.E.— A%x .O.Box2]ite6 Pe torey Qrive I CCP1C 229 CPO,B x16089 Engineering,Inc.Project No.Cee]1264] Corpus Chxzti,T%]642] Leopard StreetTX 783 Corpus Chxsti,T%76466 Corpus Chxzti,T%7648 ITE R QxAxTltt x our(4)IJfi Stations(Esdutles Meter Cost 8 0 8 0 8 147033] 8 0 8 0 8 0 8 235200 8 0 $ 2 0 8 0 8 0 8 31 18392 8 0 8 0 8 529053 8 2 8 7 8 0 8 ]50000 8 0 80 8 0 8 6551.42 8 27 80568 8 F OUT UU 3U UUU UU 18 ]264]2 8 0 18 1 ] bIJ Ub JIJ 02 8 50 00 33 00000 2 8 0 8 0 8 950450 8 38 01832 EA I 8 0 8 0 8 5 8 0 8 0 8 0 8 270000 8 0 8 0 8 0 8 0 81 00000 $ 8 BID SUMMARY PART A GEN nL Items All MIT n� 8 0 8 1 8 0 8 0 8 0 8 MAINPART B NEW FORCE Items 31 MIT 339) 8 0 8 ] 8 5 8 a552,io77 8 0 8 2730,120.26 PART C NEW GATEWAY LIFT STATION Items Cl MIT ca) $ 32357500 310741 37 334 345 7 276 0 872996000 339 52230 PART D GRAVITY WASTEWATER IMPROVEMENTS(IRP,0l inru 313) 8 0 8 i 8 0 C33 b2l JU 8I Ol 114 Ob PART FE EFLLE07WM TE 11-1 El thl,E51 8 0 8 0 8 4 8 0 8 0 8 26735.00 PART TF_L__RS8 0 8 9 8 4 8 0 8 0 8114 29354 TOTAL BASE BID PARTSAtB CLD E&F 3939]41.50 4229113.14 44]05312]6 $ 45890]0.26 $ 49]8106.00 3863126.25 2z 222 22 8 2]baF.14 8 0 8 20 poo oo 8 0 8 2274000 8 0 8 5 8 0 8 3 8 0 8332 47430 TOTAL ADDITIVE ALTERNATE NO.I PARTS AI&B1 402021.00 $ 56199].39 $ 410096.10 1$ 404316.]8 1$ 3]3261.00 $ 354514.30 8 0 8 2151320 8 0 8 1a 7oo oo 8 0 8 8 0 8 113223 e3 8 6 8 0 8 0 8 9F'u, 6 40000 PARTE2-FLOW METERS Items E2.i O.E2:4 65,2000 125,5fi5] 1012—ut TOTAL ADDITIVE ALTERNATE N0.2 PARTS A2&E2 83350.00 $ 134]42.08 $ 13]382.]6 $ 118208.00 1$ 231500.001$ 10.140].92 aidelNBz.001 2 tez2aa s x t 4 x E t 2 as o.t l.$t5,059I eaeBid l.$1 5B4I eaea ael.84,a92.46I ee oe o rrors eaeBM 1.'$2.50) Attl b_Alt .$],15o ompany,Inc.Eli is n.n pensive duet.facturet.submit asigned Bid Acknowledgement Form. 2 Th ehighl�ghted Iare s with Eold borders indicate an error in an epenzion which did not affect the low Eid.T e x Quantity.T n updated accordingy. al quantity for Item B31 iz 584.Q he precision setting ofihe cell containing thevalue,pxntedcepes oI th. Id 1—dispIlEdeth a value564,but-prenzonr.und,nigsdId not apply I.th.CIICazt bids,wtlere 583.6—used.All bids Ea%e been co rrected I.the quantity.1564. 4.Base BId Summary for Pax B was incorrect and is shown az corrected. 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications,and Contract Documents,this Bid Proposal is submitted by MAX Underground Construction LLC (type or print name of company)on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No.E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No.E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations,and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences,and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 all additional examinations,investigations,explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: _ MAX Underground Construction LLC (typed or printe ull legal name of Bidder) By. ` (individual's signature) Name: Maximiliano Salinas (typed or printed) Title: President (typed orprinted) Attest: 70 (individual's signature) State of Residency: State of Texas Federal Tax Id. No. 61-1688364 Address for giving notices: P.O Box 271106 Corpus Chisti, Texas-78427(Mailing) 3801 Saturn Suite 103 Corpus Christi, Texas-78413(Physical) Phone: 361-334-2832 Email: MAX Construction 10(aD-yahoo.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: MAX Underground Construction LLC (ty or printed) By: (signature--attach evidence of authority to sign) Name: _ Maximiliano Salinas (typed or printed) Title: President Business address: P.O Box 271106 Corpus Christi, Texas-78427( Mailing) 3801 Saturn Suite 103 Corpus Christi, Texas 78413( Physical) Phone: 361-334-2832 Email: MAX Construction I Oa-vahoo.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY rrV— PURCHASING DIVISION ..... Cf CITY OF CORPUS CHRISTI is of Christi DISCLOSURE OF INTEREST Ciry of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: MAX Underground Construction 11 C P.O.BOX: 9711 OFiCnrpi IS ChriQtl TcYae-7R427( Mailing) STREET ADDRESS: 3$n1 i�rn Si�itc 1,L13 CITY: rnr ins rhricti� TAYnSZEP' 72d1' FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association Ll 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each `official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Title NUNh 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 NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant NONE City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: MaYimilennn Snfi Title: president (type or Prim) Signature of Certifying Date: Person: July 95,20-113 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: MAX Under round Construction LLC (ty ed or printed) By: C&0�� (signature--attach evidence of authority to sign) Name: Maximiliano Salinas (typed or printed) Title: President Business address: PO Box 271106 Corpus Christi, Texas-78427 (mailing) 3801 Saturn Suite 103 Corpus Christi, Texas 78413( Physical) Phone: 361-334-2832 Email: MAX CONSTRUCTION 10(a)_YAHOO.COM END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 01 BID FORM Project Name: Laguna Shores Road Force Mein Replacement Project E10054 Number: Owner: City ofCoM=Christi Bidder: OAR: Des uer: ILIA Engineering,Inc. Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 S 195,00000 S 195,000 00 A2 Bonds and Insurance LS 1 S 36,00000 S 36,00000 A3 Traffic Control LS 1 $ 25,00000 S 25,00000 A4 Storm Water Pollution Prevention Plan LS 1 S 7,50000 S 7,50000 A5 Ozone Action Day DAYS 5 S 27500 S 1,37500 A6 Contingency Allowance for Unanticipated Adjustments LS 1 $ 50,000.00 S 50,00000 A7 Contingency Allowance for Unanticipated Disposal of Ccintaminated Groundwater LS 1 S 25,000.00 S 25,00000 SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S 339,875 00 PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Bl Directionally Dnlled 24"Fusible C905(DR-18)PVC Form Mein LF 2,313 $ 46500 S 1,075,545 00 B2 Encased 24"Fusible C905(DR-18)PVC Force Mein LF 437 S 30000 S 131,10000 B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S 87500 S 382,37500 B4 Bae Pit Trench Safety EA 6 S 3,00000 $ 18,00000 B5 24"C905(DR-18)PVC Face Maur(0'-6) LF 1,089 S 22000 S 239,58000 B6 24"C905(DR-18)PVC Face Main(64) LF 1,090 $ 25000 S 272,50000 B7 24"C905(DR-18;PVC Force Main(8'-10') LF 96 S 27500 S 26,40000 B8 24"C905(DR-18)PVC Face Main(1 Of-]2!) LF 31 S 31500 S 9,76500 B9 24"C905(DR-18)PVC Force Maur(12'-14') LF 215 $ 315 00 S 67,72500 B10 24"C905(DR-18)PVC Face Maur(14 46) LF 183 $ 345 00 S 63,13500 Bl l Trench Safety for Open Cut Pipe Installation LF 2,704 $ 700 S 18,92800 B12 Well Pointing LF 2,704 S 2350 S 63,54400 B13 Camel New 24"FM to Existing 18'FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee,Reducer, end Plug Valve&BoxX Line Stop with Bypass,&Coordination with City OperatingDepartment) LS 1 S 36,00000 S 36,000 00 B14 18"x6'Tapping Sleeve and Valve EA 1 S 4,70500 S 4,70500 B15 24"x6"Tapping Sleeve and Valve EA 1 $ 5,05000 S 5,05000 B16 18"Tee EA 1 S 3,02500 S 3,02500 B17 18"Plug Valve&Box EA 1 S 6,57500 S 6,57500 B18 24"xl8"Reducer EA 1 $ 2,48500 S 2,48500 B19 24"Plug Valve&Box EA 6 $ 14,550 00 S 87,30000 B20 24"11.25°Bend EA 7 S 2,12500 S 19,07500 B21 24"22.5°Bend EA 3 $ 2,725 00 S 8,17500 B22 24"45°Bend EA 17 $ 2,95000 S 50,15000 B23 4"AirNacuum Release Valve in.9 Diameter F G Manhole EA 6 S 9,000 00 S 54,00000 B24 Manhole Trench Safety EA 6 S 88000 S 5,280 00 Bld Form Pagel of 5 Laguna Shores Road Force Main Replacement-Project No E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE ECTENDEDAMOUNT QUANTITY 1325 Adjust Manhole Rug and Cover EA 5 S 1,950.00 S 9,75000 B26 Connect New 24"FbltoExisting Laguna Madre WWTPInfrastructure LS I S 61050.00 S 6,05000 B27 Street Excavation(Inside Trench Repair Lacots&1'Beyond E O P) SY 2,918 S 500 S 14,59000 B28 Subgrade Preparation(Imide Trench Repair Limits&1'Beyond E O P SY 2,918 $ 350 $ 10,21300 B29 TX-5 Geogrid(Inside Trench Repair Limits&l'Beyond E O P, SY 2,918 $ 600 S 17,50800 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std Spec Item No 247(Inside Trench Repair Limits& SY 2,918 S 2350 S 68,573 00 ,'Beyond E.O.P. B31 Prime Coat(0.20 Galloro/SY) GAL 584 S 500 S 2,91800 B32 3"Type'D'HMAC SY 2,747 S 2350 S 64,55450 B33 Reflective Pavement Markings TY 1(Y)(4")(SLD)(100 mill LF 3,092 $ 100 S 3,09200 B34 Reflective Pavement Markings TYl(Y)(4")(BKN)(100 mil) LF 140 $ 100 S 14000 B35 Reflective Pavement Marltings TY 1(W)(4")(SLD)(I OD mil) LF 1,083 S 100 S 1,08300 B36 Raised Reflective Pavement Markings(TYR-A-A)Yellow EA 53 S 11 00 S 58300 B37 Silt Fence LF 4,820 S 220 S 10,60400 B38 Inlet Protection FA 7 $ 20500 S 1,43500 B39 Hydromulch SY 1,183 S 15 50 S 18,336 50 SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU 1339) S 2,879,847 00 PART C-NEW GATEWAY LIFT STATION(per SECTION 01 29 Ol MEASURFdv]ENT AND BASIS FOR PAYMENT) Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS 1 S 20,00000 S 20,00000 C2 Construct New Gateway Lift Station LS 1 S 285,000 00 S 285,00000 C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S 5500 S 6,05000 C4 Trench Safety for Open Out Pipe Installation LF 110 S 500 $ 55000 C5 Well Pointing LF 110 S 2500 S 2,75000 C6 6"Tee(on Prop 6"C900 PVC FM) EA 1 $ 82500 S 82500 C7 6"Plugon Prop.6 0900 PVC Valve( p " FIvT) FA 2 S 1,80000 S 3,60000 C8 6"45°Bend(on Prop.6"C900 PVC FM) EA 4 $ 1,200 00 S 4,800 00 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU CS) S 323,57500 PART D-GRAVITY WASTEWATER II17PROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Dl Grout Fill and Abandon-in-Place Existing 4"FM LF 21 $ 2300 S 483 00 D2 Grout Fill and Abandon-in-PleceExisting 8"WWL LF 22 S 2500 S 55000 D3 Grout Fill and Abandon-in-Place Existing 10"W WL LF 455 $ 4200 S 19,11000 D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"W%VL LF 310 $ 4500 S 13,95000 D5 Remove Sewage and Grout Fill Bottom of Existing T Manhole to Flowline EA 1 S 2,10000 S 2,10000 D6 Remove Ring&Cover,Top T of Manhole,and Grout and Abandon-in-Place Existing Manhole EA 4 $ 1,25000 S 5,00000 D7 12"WW Stub and Cep EA 1 S 62500 S 62500 D8 12"SDR26 PVC(1 U-1 2D LF 265 $ 135 00 S 35,77500 D9 12'SDR26 PVC(12'-14') LF 106 $ 15500 S 16,43000 Dl O Trench Safety for Open Cut Pipe Installation LF 371 S 250 S 92750 DI1 Well Pouting LF 371 $ 2700 S 10,01700 D12 4'Diameter FKl Manhole EA 5 $ 6,50000 S 32,50000 Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDEDAMOUNT QUANTITILY D13 Manhole Extra Depth(>6') VF S 72500 S 19,575.00 D14 Manhole Trench Safety EA S 50000 S 2,500.00 D15 Adjust Manhole Ring and Cover EA 5 $ 1,80000 $ 9,00000 D16 Reconnect Existing WW Service EA 10 S 1,800 00 $ 18,00000 D17 Unanticipated Now WW Service EA 1 S 1,35000 S 1,35000 D18 WW Bypass Operations LS 1 $ 15,00000 S 15,000 00 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMEN'T'S(ITEMS Dl THRU DIS) S 202,892 50 PART E-FLOW METERS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 S 2,5W 00 S 2,50000 E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 1 $ 5,70000 S 5,70000 E3 5'Diameter F/0 Manhole EA 1 $ 6,20000 S 6,200.00 E4 Manhole Trench Safety EA 1 S 300.00 S 300.00 E5 Adjust Manhole Ring and Cover EA 1 S 1,80000 S 1,60000 SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S 16,50000 PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS 1 S 15,000.00 S 15,00000 F2 Service Main EA 1 S 3,60000 S 3,60000 F3 Pump Control Panel EA 1 S 2,50000 S 2,50000 F4 Junction Boxes LS 1 S 6,50000 $ 6,50000 F5 Scada Patel EA 1 S 65,00000 S 65,000.00 F6 Mini Power Zane EA 1 S 7,50000 S 7,50000 F7 Manual Transfer Switch EA 1 S 615W 00 S 6,500 00 FB Scada Pole Foundation and Antenna EA 1 S 5,40000 S 5,40000 F9 Flood Light and Pole EA 1 S 4,50000 $ 4,500,00 F10 Underground Trench LF 300 S 6500 S 19,500.00 FI1 BMI Graphics Programming LS 1 S 8,000 00 S 8,000.00 F12 Conduit and Wiring LS 1 $ 18,000 00 S 18,000.00 F13 Electrical Support Rack EA 1 S 5,50000 S 5,500.00 F14 Miscellaneous Electrical LS 1 S 4,250 00 S 4,250.00 F15 Testingand Commissioning LS 1 S 1,80000 S 1,600.00 F16 O&M Manuals LS 1 S 3,50000 S 3,500 00 SUBTOTAL PART F-ELECTRICAL(ITEMS F1 THRU F16) S 177,050.00 TOTAL BASE BID(PARTS A THRU F) $ 3,939,739.50 ADDITIVE ALTERNATE NO.1-FULL WIDTH PAVEMENT RECONSTRUCTION PART Al-GENERAL(per SEr'IION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT i Al l ADD:Mobilization LS 1 S 17,50000 $ 17,50000 Al 2 ADD:Bonds and Insurance LS 1 S 10,00000 S 10,00000 SUBTOTAL PART Al-GENERAL(ITEMS Al:I THRUAI:2) $ 17,50000 Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01.13.2016 00 30 0181 D FORM Item DESCRIPTION UNIT UNITPRICE EXTENDEDAMOUNT 01 JA INS= PART BI-NEW FORCE MAIN(per SECTION 0129 01 MEASUREMENTAND BASIS FOR PAYMENT) Bl] ADD:Street Excavation(I'Beyond E.O.P) S'*' S;a t s ^[a S 38,11500 Bl 2 ADD:Subgrade Preparation(1'Beyond E.0 P.) SY 5,445 S 400 S 21,780 00 Bl 3 ADD:TX-5 Geogrtd tl'Beyond E.O.P) SY 5,445 $ 600 $ 32,67000 Bl 4 ADD:10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std Spec Item No 247(1'Beyond E O.P) SY 5,445 $ 2700 S 147,01500 Bl 5 ADD:Prase Coat(0 20 Gallons/SY) GAL 1,089 S 600 S 6,53400 B16 ADD:3"Type'D'HIvIAC SY 4,909 S 2500 S 122,70000 Bl 7 ADD-Reflective Pavement Markings TY 1(Y)(4")(SLD)(100 mil) LF 648 S 100 S 64800 B1 8 ADD:Reflective Pavement Markings TY 1(Y)(4")(BKN)(100 mil) LF 110 S 100 S 11000 B1 9 ADD:Reflective Pavement Markings TY 1(W)(4")(SLD)(100 mil) LF 4,664 $ 100 S 4,66400 BI 10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S 1500 S 28500 3 S 369,46200 TOTALADDTTWE ALTERNATE No.1(PARTS Al AND Bl) $ 386,96200 ADDITIVE ALTERNATE NO.2-FLOWMETERS PART A2-GENERAL(per SEC"nON 0129 01 MEASURE MNT AND BASIS FOR PAYMENT) A21 ADD:Mobilization LS 1 S 11,000 00 $ 3,50000 A2 2 ADD-Bonds and Insurance LS 1 S 7,15000 S 2,00000 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S 5,500 00 PART E2-FLOW METERS(per SECPIoN 0129 01 MEASURE CENT AND BASIS FOR PAYMENT) E21 ADD:Install Flow Meter at Four[4)Lift Stations(Excludes Meter Cost) EA q S 2,50000 S 10,00000 E22 ADD:Ult aseauc Flow Meter by Fuji Electric,or Approved Equal EA 4 S 6,00000 S 24,000 00 E2 3 ADD:6'Diameter F G Manhole EA 4 S 7,50000 S 30,00000 E2 4 ADD:Manhole Trench Safety EA 4 S 30000 S 1,20000 SUBTOTAL PART E2-FLOW AIETERS(ITEMS E2:1 THRU E2:4) S 65,200 00 TOTALADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 70,70000 Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRII'TION UNIT UNIT PRICE EXTENDEDAMOUNT QUANMV BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) $ 339,87500 SUBTOTAL PART B-NEW FORCE MAIN(ITEMS Bl THRU B39) $ 2,879,847 00 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU C8) S 323,57500 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU D18) S 202,892 50 SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ 16,50000 SUBTOTAL PART F-ELECTRICAL(ITEMS F]THRU F1 6) S 177,05000 TOTAL PROJECT BASE BID(PARTS A THRU F) S 3,939,739 50 ADDITIVE ALTERNATE NO.I SUBTOTAL PART Al-GENERAL(ITEMS Al 1 THRU Al:2) $ 17,500 00 SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS Bl 1 THRU 81:10) S 369,462 00 TOTALADDrMrE ALTERNATE No.I(PARTS Al AND Bl) S 386,962.00 ADDITIVE ALTERNATE No.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2_i S 5,50000 SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2 4 f S 70,70000 TOTALADDrrM ALTERNATE No.2(PARTS A2 AND E2) S 76,200.00 TOTAL PROJECT BASE BID S 3,939,739.50 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1 S 386,962.00 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S 76,200.00 TOTAL PROJECT BASE BID+ADDnTvE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S 4,402,901.50 Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completion in 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK® NEW YORK BOND NO. CS 2570101 KNOW ALL MEN BY THESE PRESENTS,that we,MAX Underground Construction, LLC PO Box 271106, Corpus Christi,TX 78427 as principal, and the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation existing under the laws of the State of New York, having its principal place of business at 301 E. Fourth Street, Cincinnati, Ohio,as surety,are held and firmly bound unto,City of Corpus Christi 1201 Leopard St,Corpus Christi,TX 78401 as obligee,in the penal sum of 5 Percent of the Greatest Amount Bid DOLLARS($ 5%G.A. B. ),lawful money of the United States of America,for the payment of which,well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. SIGNED, sealed,and dated this 25th day of July 20 18 WHEREAS,the said principal herewith submitting 1 proposal for Project E10054: Laguna Shores Road Force Main Replacement NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract,and shall within(60 )days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the dif- ference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. Principal GREAT AMERICAN INSURANCE COMPANY OF NEW YORK By LIQ F.973813(3/I 1) Monette Davis Attorney-in-Fact GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET - CINCINNATI,OHIO 45202 - 513-369-5000 - FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 14956 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power LARRY D.GROVE ALL OF ALL MONETTE DAVIS CORPUS CHRISTIE, $100,000,000.00 JASON GROVE TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above. IN WITNESS WHEREOF,the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of OCTOBER 1 2016 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK ccnwenF �� Assistant Secretary Drvrsrona!Senror Vie PresidentSenror Vice Presidem DAVID C.KITCHIN(677.377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 17TH day of OCTOBER 2016 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. $1168flaWad Niftry►PIIbIGSWdOhb iter Daar�ittlon�Ifelt Ot~16�0 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED. That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attomeys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14,2009 have not been revoked and are now in full force and effect. c1 Signed and sealed this XOlay of —3�.'A C �r( 4e, 3 S�R Assistant Secretary �— S1165L(06/15) CIV AST Report Created On:7/25/2018 4:19:11 PM PROJECT: E10054 Laguna Shores Road Force Main Replacement BIDDER: Persons Service Company, LLC TOTAL BID: $4,229,097.90 COMPLETION TIME: Not Required BIDDER INFO: 4474 HALLS MILL RD MOBILE,AL 36693 P:2516600132 F: PERsans Since 1918 100100 4414 Halls Mill Road Mobile,AL 36693 sERVtCE CC1rflPFqf"1y Office: 251.660.0132 Fax: 251.660.2084 - Email:ofice@personsservices.com www.personsservices.com Civil Utilities Industrial Piping Plumbing Construction Services BID & BID SECURITY ENCLOSED City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 75401 Attention: City Secretary Bid: Laguna Shores Road Force Main Replacement, Project No. E10054 Due: 2:00 p.m. — Tuesday - July 25, 2018 LOCAL TIME SUBMITTED BY: PERSONS SERVICE COMPANY, LLC 6435 Storey Drive, Humble, Texas, 77396 Phone: 832 777-0416, Fax: 832 777-6364 TX RME-U-1957435 ;F=rRS0nSSince 1978 4474 Halls MillRoad Mobile,AL 36693 RVICE C0IT1lPRf 74+ Office: 251.660.0132 Fax: 251.660.2084 Email:office@personsservices.com www.personsservices.com Civil Utilities Industrial Piping Plumbing Construction Services July 25, 2018 City of Corpus Christi City Secretary's Office City Hall Building, 1 st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Re: Bid— Laguna Shores Road Force Main Replacement, Project No. E10054 Persons Service Company (PSC) is pleased to offer the enclosed proposal for the above referenced project. The required bid documents are enclosed as well as additional information regarding Persons Service Company. The following are included: A. Bid Bond B. Bid Acknowledgement 00 30 00 C. Non-Resident Form 00 30 02 D. Disclosure of Interest Form 00 30 05 E. Non-Collusion Form 00 30 06 F. Letter of Signing Authorization O. Texas Certificate of Fact H. Licenses/Other Thank you for the opportunity. We look forward to working with you on this project and future projects. Below please find my contact information. Regard )aul Stevens Persons Service Company, LLC pstevens r&c personsservices.com (251) 533-3526 Cc: Mr. Bryan Shuford, V.P. 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on:Wednesday,July 25, 2018 at 2:00 P.M.for Laguna Swores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E100S4 All envelopes and packages (including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the fallowing Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3,07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and Bid Acknowledgement Form 003000- 2 Laguna Shores Road Force Main Replacement—Project No. E10054 RevOl-13-2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility, the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: .r� (typed or rin ted full legal name of Bidder By: (individual's signature) i Name: (typed or printed) Title: typed or printed) Attest: try �- (individual's signature) State of Residency: �}r„ Federal Tax Id. No. Address for giving notices: (p rCO- r -7 -7 3SU Phone: a Email: SA -e.JtRS \G C e-S . 0-Z- (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev01-13-2016 ®nS Since 1478 4414 Halls Mill Rand Mobile, AL 36693 Jr3:1=—F;:qvir—Era COmPFiI"14' Office: 251.660.0132 Fax: 251.660.2084 Email:office@personsservices.com www.personsservices.com Industrial Piping Utilities Plumbing Demolition Construction services July 25, 2018 City of Corpus Christi City Secretary's Office City Hall Building, 1 st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Re: Bid— Laguna Shores Road Force Main Replacement, Project No. E10054 To Whom It May Concern: Please be advised that Paul Stevens, Program Manager, has the authorization to sign any and all bids, proposals, bonds, contracts and certifications in regard to above referenced project. Jc ly, P sons Jr. n Director Issued To. License Number Shuford, Bryan J RME-U-1957435 4079 LEIGHTON CT © 'i, Expiration Date: 11-07-2019 MOBI LE AL 36693-5410 r EFFECTIVE DATE 11.07.2014 FIRE INKL t RME - UNDERiGROUND T�X.4S RTAWPT OF 11-WURANCE STA* AL I OFFICE DATE ISSUED: December 27,2017 EXChris Connealy,State Fire Marshal 5F06110116 TEXAS DEPARTMENT OF INSURANCE STATE FIRE MARSHAL'S QFFJCE To receive news and updates from the SFMO concerning faire Industry Bryan � ,Shuford, Br Licensing,sign up for the SFMO Licensing eNews Update at License No; dBr -1957435 hftp://www.tdi.texas.gov/alert/esfmolicensing.html RME - UNDERGROUND Expires: 11-07.2019 D.C.B.W13-1979 Signature Of LicenselPermil dge EFFECTIVE DATE. 11-07-2014 STATE FIFE MARSHAL Shuford, Bryan J 4474 HALLS MILL RD MOBILE AL 36693-5622 Registered Location(s): Registration Number 4474 HALLS MILL RD -- -- SCR-U-1957448 MOBILE AL 36693-5622 a Expiration Date: 11-07-2019 EFFECTIVE DATE. 11-07.2p14 FIRE SPRINKLER CERTIFICATE OF REGISTRATION-UNDERGROUND TEXAS DEPARTMENT OF INSURAI TATE FIRE MARSHAL'S OFFICE Issued To: Persons Service Company LLCM f DATE ISSUED:December 27,2017 - Chris Connealy, State Fire Marshal To receive news and updates from the SFMO concerning Fire Industry Licensing, sign up for the SFMO Licensing eNews Update at http://www.tdi.texas.gov/aiert/esfmolicensing.html Persons Service Company LLC 4474 HALLS MILL RD MOBILE AL 36693-5622 Corporations Section �A�g p�, Hope Andrade P.O.Box 13697 , Secretary of State Austin,Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF Persons Service Co., LLC File Number. 801513447 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign Limited Liability Company (LLC) to transact business in this State has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the authority of the entity to transact business in this State from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Persons Service Co., LLC The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law,the Assumed Business or Professional Name Act, or the common law. Dated: 11/3 0/2011 Effective: 11/30/2011 W Hope Andrade Secretary of State Come visit us on the intern]at http:lhvw,w.sos.state.tx.us/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Corporations Section pRolando B. Pablos P.O.Box 13697 f� F n Secretary of State Austin.Texas 78711-3697 ( �X7 Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for Registration for Persons Service Co., LLC (file number 801513447), a ALABAMA, USA, Foreign Limited Liability Company (LLC), was filed in this office on November 30, 2011. It is further certified that the entity status in Texas is in existence. In testimony whereof, 1 have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 14, 2018. COD Rolando B. Pablos Secretary of State Conte visit us on the Internet at http::,www..sos.state.tx.us, Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS-WEB TID. 10264 Document: 819863970005 C'!,';;,5_ Report Created On:7/25/2018 4:19:11 PM BID TOTALS BASE BID Total PART A-GENERAL(ITEMS Al THRU A7) $355,285.41 PART B-NEW FORCE MAIN(ITEMS B1 THRU B39) $3,043,482.33 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) $310,741.37 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) $230,507.20 PART E-FLOW METERS(ITEMS E1 THRU E5) $18,723.20 PART F-ELECTRICAL(ITEMS F1 THRU F16) $270,358.39 Total $4,229,097.90 ADDITIVE ALTERNATE NO. 1 Total PART Al -GENERAL(ITEMS A1:1 THRU A1:2) $27,638.14 PART B1 -NEW FORCE MAIN(ITEMS B1:1 THRU 131:10) $534,359.25 Total $561,997.39 ADDITIVE ALTERNATE NO.2 Total PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $21,518.20 PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $113,223.88 Total $134,742.08 BASE BID PART A-GENERAL(ITEMS Al THRU A7) No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $88,925.87 $88,925.87 A2 Bonds and Insurance LS 1 $112,366.11 $112,366.11 A3 Traffic Control LS 1 $44,462.94 $44,462.94 A4 Storm Water Pollution Prevention Plan LS 1 $11,046.84 $11,046.84 A5 Ozone Action Day DAYS 5 $4,696.73 $23,483.65 A6 Contingency Allowance for LS 1 $50,000.00 $50,000.00 Unanticipated Adjustments A7 Contingency Allowance for LS 1 $25,000.00 $25,000.00 Unanticipated Disposal of Contaminated Groundwater Sub Total: $355,285.41 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART B-NEW FORCE MAIN(ITEMS 131 THRU B39) No. Description Unit Qty Unit Price Ext Price B1 Directionally Drilled 24"Fusible C905 LF 2313 $536.18 $1,240,184.34 (DR-18)PVC Force Main B2 Encased 24" Fusible C905(DR-18) LF 437 $315.46 $137,856.02 PVC Force Main B3 Directionally Drilled 36"Fusible C905 LF 437 $958.37 $418,807.69 (DR-18)PVC Casing B4 Bore Pit Trench Safety EA 6 $6,324.98 $37,949.88 B5 24"C905(DR-18)PVC Force Main LF 1089 $140.64 $153,156.96 (0'-6') B6 24"C905(DR-18) PVC Force Main LF 1090 $142.06 $154,845.40 (6'-8') B7 24"C905(DR-18) PVC Force Main LF 96 $143.77 $13,801.92 (8'-10') B8 24"C905(DR-18) PVC Force Main LF 31 $145.86 $4,521.66 (10'-12') B9 24"C905(DR-18) PVC Force Main LF 215 $148.47 $31,921.05 (12'-14') B10 24"C905(DR-18)PVC Force Main LF 183 $151.82 $27,783.06 (14'-16') B11 Trench Safety for Open Cut Pipe LF 2704 $9.39 $25,390.56 Installation B12 Well Pointing LF 2704 $23.48 $63,489.92 B13 Connect New 24"FM to Existing 18" LS 1 $68,779.92 $68,779.92 FM(Incl.All Req'd 18" FM Pipe and Appurtenances(Excluding Tee, Reducer,and Plug Valve&Box), Line Stop with Bypass,&Coordination with City Operating Department) B14 18"x6"Tapping Sleeve and Valve EA 1 $6,198.50 $6,198.50 B15 24"x6"Tapping Sleeve and Valve EA 1 $7,578.91 $7,578.91 B16 18"Tee EA 1 $3,287.32 $3,287.32 B17 18"Plug Valve&Box EA 1 $9,891.14 $9,891.14 B18 24"x18"Reducer EA 1 $2,609.71 $2,609.71 B19 24"Plug Valve&Box EA 6 $21,021.11 $126,126.66 B20 24" 11.25°Bend EA 7 $2,913.87 $20,397.09 B21 24"22.5°Bend EA 3 $2,912.92 $8,738.76 B22 24"45°Bend EA 17 $2,765.44 $47,012.48 B23 4"Air/Vacuum Release Valve in 5' EA 6 $10,995.15 $65,970.90 Diameter F/G Manhole B24 Manhole Trench Safety EA 6 $2,818.04 $16,908.24 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART B-NEW FORCE MAIN(ITEMS 1131 THRU B39) No. Description Unit Qty Unit Price Ext Price B25 Adjust Manhole Ring and Cover EA 5 $1,635.46 $8,177.30 B26 Connect New 24"FM to Existing LS 1 $5,636.07 $5,636.07 Laguna Madre WWTP Infrastructure B27 Street Excavation(Inside Trench SY 2918 $10.27 $29,967.86 Repair Limits& 1'Beyond E.O.P.) B28 Subgrade Preparation(Inside Trench SY 2918 $2.01 $5,865.18 Repair Limits& 1'Beyond E.O.P.) B29 TX-5 Geogrid (Inside Trench Repair SY 2918 $5.76 $16,807.68 Limits& 1'Beyond E.O.P.) B30 10"Type A, Grade 1-2 Crushed, SY 2918 $38.36 $111,934.48 Limestone Base per TxDOT Std. Spec. Item No.247(Inside Trench Repair Limits& 1'Beyond E.O.P.) B31 Prime Coat(0.20 Gallons/SY) GAL 583.6 $39.61 $23,116.40 B32 3"Type'D'HMAC SY 2747 $33.58 $92,244.26 B33 Reflective Pavement Markings TY.1 LF 3092 $3.65 $11,285.80 (Y)(4")(SLD)(100 mil) B34 Reflective Pavement Markings TY.1 LF 140 $10.05 $1,407.00 (Y)(4")(BKN)(100 mil) B35 Reflective Pavement Markings TY.1 LF 1083 $4.21 $4,559.43 (W)(4")(SLD)(100 mil) B36 Raised Reflective Pavement Markings EA 53 $84.61 $4,484.33 (TYII-A-A)Yellow B37 Silt Fence LF 4820 $2.64 $12,724.80 B38 Inlet Protection EA 7 $573.01 $4,011.07 B39 Hydromulch SY 1183 $15.26 $18,052.58 Sub Total: $3,043,482.33 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C1 Salvage, Demolish,and Fill In Existing LS 1 $25,676.03 $25,676.03 Gateway Lift Station C2 Construct New Gateway Lift Station LS 1 $265,548.88 $265,548.88 C3 Open Trench 6"C900(DR-18)PVC LF 110 $28.88 $3,176.80 Force Main C4 Trench Safety for Open Cut Pipe LF 110 $9.39 $1,032.90 Installation C5 Well Pointing LF 110 $23.48 $2,582.80 C6 6"Tee(on Prop.6"C900 PVC FM) EA 1 $919.24 $919.24 CIVCAST Report Created On:7/25/2018 4:19:11 PM PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C7 6"Plug Valve(on Prop. 6"C900 PVC EA 2 $4,309.74 $8,619.48 FM) C8 6"45° Bend(on Prop. 6"C900 PVC EA 4 $796.31 $3,185.24 FM) Sub Total: $310,741.37 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) No. Description Unit Qty Unit Price Ext Price D1 Grout Fill and Abandon-in-Place LF 21 $94.59 $1,986.39 Existing 4"FM D2 Grout Fill and Abandon-in-Place LF 22 $96.48 $2,122.56 Existing 8"WWL D3 Grout Fill and Abandon-in-Place LF 455 $98.05 $44,612.75 Existing 10"WWL D4 Remove Sewage, Grout,and LF 310 $99.77 $30,928.70 Abandon-in-Place Existing 12"WWL D5 Remove Sewage and Grout Fill EA 1 $2,267.61 $2,267.61 Bottom of Existing 4'Manhole to Flowline D6 Remove Ring&Cover,Top 2'of EA 4 $2,267.61 $9,070.44 Manhole,and Grout and Abandon-in- Place Existing Manhole D7 12"WW Stub and Cap EA 1 $591.83 $591.83 D8 12"SDR26 PVC(10'-12') LF 265 $29.04 $7,695.60 D9 12"SDR26 PVC(12'-14') LF 106 $36.13 $3,829.78 D10 Trench Safety for Open Cut Pipe LF 371 $9.39 $3,483.69 Installation D11 Well Pointing LF 371 $23.48 $8,711.08 D12 4'Diameter F/G Manhole EA 5 $5,765.37 $28,826.85 D13 Manhole Extra Depth (>6') VF 27 $646.59 $17,457.93 D14 Manhole Trench Safety EA 5 $939.35 $4,696.75 D15 Adjust Manhole Ring and Cover EA 5 $1,541.52 $7,707.60 D16 Reconnect Existing WW Service EA 10 $2,422.65 $24,226.50 D17 Unanticipated New WW Service EA 1 $1,494.61 $1,494.61 D18 WW Bypass Operations LS 1 $30,796.53 $30,796.53 Sub Total: $230,507.20 Report Created On:7/25/2018 4:19:11 PM PART E-FLOW METERS(ITEMS E1 THRU E5) No. Description Unit Qty Unit Price Ext Price E1 Install Flow Meter at One(1)Lift EA 1 $4,101.84 $4,101.84 Station (Excludes Meter Cost) E2 Ultrasonic Flow Meter by Fuji Electric, EA 1 $5,298.53 $5,298.53 or Approved Equal E3 5'Diameter F/G Manhole EA 1 $6,748.02 $6,748.02 E4 Manhole Trench Safety EA 1 $939.35 $939.35 E5 Adjust Manhole Ring and Cover EA 1 $1,635.46 $1,635.46 Sub Total: $18,723.20 PART F-ELECTRICAL(ITEMS F1 THRU F16) No. Description Unit Qty Unit Price Ext Price F1 AEP Electric Service Allowance LS 1 $15,000.00 $15,000.00 F2 Service Main EA 1 $16,733.76 $16,733.76 F3 Pump Control Panel EA 1 $27,117.21 $27,117.21 F4 Junction Boxes LS 1 $9,065.82 $9,065.82 F5 Scada Panel EA 1 $14,416.59 $14,416.59 F6 Mini Power Zone EA 1 $12,430.12 $12,430.12 F7 Manual Transfer Switch EA 1 $20,077.99 $20,077.99 F8 Scada Pole Foundation and Antenna EA 1 $30,711.87 $30,711.87 F9 Flood Light and Pole EA 1 $6,350.31 $6,350.31 F10 Underground Trench LF 300 $93.19 $27,957.00 F11 HMI Graphics Programming LS 1 $8,985.56 $8,985.56 F12 Conduit and Wiring LS 1 $29,702.68 $29,702.68 F13 Electrical Support Rack EA 1 $14,058.38 $14,058.38 F14 Miscellaneous Electrical LS 1 $23,084.07 $23,084.07 F15 Testing and Commissioning LS 1 $9,005.63 $9,005.63 F16 O&M Manuals LS 1 $5,661.40 $5,661.40 Sub Total: $270,358.39 ADDITIVE ALTERNATE NO. 1 ClbVAST Report Created On:7/25/2018 4:19:11 PM PART Al -GENERAL(ITEMS All A THRU A1:2) No. Description Unit Qty Unit Price Ext Price A1:1 ADD: Mobilization LS 1 $11,585.84 $11,585.84 A1:2 ADD: Bonds and Insurance LS 1 $16,052.30 $16,052.30 Sub Total: $27,638.14 PART 131 -NEW FORCE MAIN(ITEMS 131:1 THRU B1:10) No. Description Unit Qty Unit Price Ext Price B1:1 ADD:Street Excavation(1'Beyond SY 5445 $10.27 $55,920.15 E.O.P.) B1:2 ADD:Subgrade Preparation(1' SY 5445 $2.01 $10,944.45 Beyond E.O.P.) 131:3 ADD:TX-5 Geogrid(1'Beyond SY 5445 $5.76 $31,363.20 E.O.P.) B1 A ADD: 10"Type A, Grade 1-2 Crushed, SY 5445 $38.36 $208,870.20 Limestone Base per TxDOT Std. Spec. Item No.247(1'Beyond E.O.P.) B1:5 ADD: Prime Coat(0.20 Gallons/SY) GAL 1089 $37.37 $40,695.93 B1:6 ADD:3"Type'D' HMAC SY 4908 $33.29 $163,387.32 B1:7 ADD: Reflective Pavement Markings LF 648 $4.79 $3,103.92 TY.1 (Y)(4")(SLD)(100 mil) B1:8 ADD: Reflective Pavement Markings LF 110 $11.88 $1,306.80 TY.1 (Y)(4")(BKN)(100 mil) B1:9 ADD: Reflective Pavement Markings LF 4664 $3.55 $16,557.20 TY.1 (W)(4")(SLD)(100 mil) 131:10 ADD: Raised Reflective Pavement EA 19 $116.32 $2,210.08 Markings(TYII-A-A)Yellow Sub Total: $534,359.25 ADDITIVE ALTERNATE NO.2 PART A2-GENERAL(ITEMS A2:1 THRU A2:2) No. Description Unit Qty Unit Price Ext Price A2:1 ADD: Mobilization LS 1 $8,141.28 $8,141.28 A2:2 ADD: Bonds and Insurance LS 1 $13,376.92 $13,376.92 Sub Total: $21,518.20 Report Created On:7/25/2018 4:19:11 PM PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) No. Description Unit Qty Unit Price Ext Price E2:1 ADD: Install Flow Meter at Four(4)Lift EA 4 $14,803.37 $59,213.48 Stations(Excludes Meter Cost) E2:2 ADD: Ultrasonic Flow Meter by Fuji EA 4 $5,298.53 $21,194.12 Electric,or Approved Equal E2:3 ADD:6'Diameter F/G Manhole EA 4 $7,264.72 $29,058.88 E2:4 ADD: Manhole Trench Safety EA 4 $939.35 $3,757.40 Sub Total: $113,223.88 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 7der tement that is correct for Bidder. Y( qualifies as a nonresident bidder whose principal place of business or residency is in State of AU,yo Bidder (includes parent company or majority owner) qualifies as a resident bidder whose --principal place of business is in the State of Texas, The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: 12 . Q.04.-�o LL Q— Company Name: v (typed or printed By: l signature- attach evidence of authority to sign) Name: �n A S V C dl Y*-N 5 (typed or printed) Title: r f— Business address: s s c Phone: SI 5.,, 3 35a (P Ernai1: e.Tins CapZS .ns4 C V I C eS.cC r^ END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Corporations Section lE Rolando B. Pablos P.U.Box 13697 ` �` Secretary of Stale Austin.Texas 78711-3697 Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for Registration for Persons Service Co., LLC (file number 801513447), a ALABAMA, LISA, Foreign Limited Liability Company (LLC), was filed in this office on November 30, 2011. It is further certified that the entity status in Texas is in existence. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 19, 2018. r Rolando B. Pablos Secretary of State Coque visit us on the internet at hup: u,wvv.s0s.Sta1e.1x.Us' Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SUS-WEB TID- 10264 Document: 819863970005 Corporations Section E p Hope Andrade P.O.Box 13697 �, F Secretary of State Austin,Texas 78711-3697 x H Office of the Secretary of State CERTIFICATE OF FILING OF Persons Service Co., LLC File Number: 801513447 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign Limited Liability Company (LLC) to transact business in this State has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the authority of the entity to transact business in this State from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Persons Service Co., LLC The issuance ofthis certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law,the Assumed Business or Professional Name Act, or the common law. Dated: 11/30/2011 Effective: 11/30/2011 c� r 6� 14 4010cwt Hope Andrade co!) Secretary of State Come visit us on the internet or hUp:/fwww.sos.stote.tx.us/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCITY— �_ PURCHASING DIVISION f CITY OF CORPUS CHRISTI Cit of DISCLOSURE OF INTEREST �ti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: fit" Sc�f1 fC -c C 0"c-e Y-N sA P.O.BOX: STREET ADDRESS: y Sj r 1 CITY: � ZIP:--7 FIRM IS; 1. Corporation ® 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other LL-2 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% more of the ownership in the above named"firm." Name fob Title and City Department(if known) 11 14 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 7�� 2�r 003005-1 Disclosure of Interest !!! Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: l Title: (type or Nnl) Signature of Certifying Date: Person: S�'Z G l DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 THE AMERICAN INSTITUTE OF ARCHITECTS is AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Persons Service Company, LLC 4474 Halls Mill Road,Mobile,AL 36693 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 3000 Riverchase Galleria#600,Birmingham,AL 35244 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Corpus Christi,Texas as Obligee, hereinafter called the Obligee, in the sum of Five percent of the total amount bid Dollars($5%of bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Laguna Shores Road Force Main Replacement Project No.E10054 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 25th day of July 207$ Persc rvice Com LLC rincipal} {Sear (Witness) (Title} r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety) (Seal) (Witness O.M.Offs, IV (Title) Attorney-in-fact AIA DOCUMENT A310-BID BOND-AIA 0-FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON, D.C.20006 Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint O.M.Otts,IV of Mobile,Alabama their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 'y%•AqQ moi+ ev twtrOop cow , W i,►�,e State of Connecticut +f h•' By: City of Hartford ss. Robert L.Raney,Se for Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal, a �l My Commission expires the 30th day of June,2021 011��t. C 4,§T 7� >k�* Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 25th day of July 21318 09J��Sv ak0 �� T w4 iv19 d9i0Ai1Q IN fid'' i '4 V� — Kevin E. Hughes,Assistant Secretary To verify the authentidty of Mis Power ofAttomey,please call us at 1&UO-421-3wo. Please referto the above namedAttomey in-Fact and the details of the bond to whidt the power is attadred 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: re V 'k L_e� (typed or printed) By: �y (signature--ottach evidence of authority to sign) Name: �/ Gv�� �)t J e S (typed or printed) Title: Q C b0.C' C""(— Business address: r Phone: 3'J ' �35a lP Email: se END OF SECTION Non-Collusion Certification 003006- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Report Created On:7/25/2018 4:19:12 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Report Created On:7/25/2018 4:19:12 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E10054 Specifications 7/02/2018 7:53:04 AM Plans E10054 Plans 7/02/2018 7:53:04 AM Other E10054 Bidders Worksheet 7/02/2018 7:53:04 AM Bidders Pre-Bid Attendance Roster 7/10/2018 3:19:30 PM 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by CPC!: �, l-c. LLL IL, QAc L`�,,.t A- Sr,,,;tA,, (type or print name of company) on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No.E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt iJ Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 all additional examinations, investigations, explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: n Bidder: C.'YC- `Z..�„csks. LLC (typed or printed full legal name o Bidder) By: individual's signature) Name: ;, �. LL (t ped or printed) Title: �ru,kt-. (typed or printed) Attest: (indiv' s ure) State of Residency: 'TX Federal Tax Id. No. X2-141 -1-1,0.T- Address ZOSAddress for giving notices: („22ti �,r►�-�{1 'C4..y' -7&46, Phone: -W-F16-60b-7 Email: -CJ e rJ 4, (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number- Owner: City of Co us Ch Bidder: l OAR: Designer- ILIA Engineering,Inc Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 S S A2 Bonds and Insurance LS 1 S 3 S "- A3 Traffic Control LS 1 $ $ A4 Storm Water Pollution Prevention Plan LS 1 S O $ 0 �. �� AS Ozone Action Day DAYS 5 S S A6 Contingency Allowance for Unanticipated Adjustments LS 1 S 50,000.00 S A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS 1 S 25,000.00 S D 0.qm� SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S PART B-NEW FORCE MAIN(per SECTION 01 29 Ol MEASUREMENT AND BASIS FOR PAYMENT) BI Directionally Drilled 24"Fusible C905(DR-I8)PVC Force Main LF 2,313 S " , S B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 $ (r"gr S 134131.15 B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S 3 7" s S 31,q43 - B4 Bore Pit Trench Safety EA 6 S -� S B5 24"C905(DR-I8)PVC Force Main(0'-6') LF 1,089 S S tO(Af,57 B6 24"C905(DR-18)PVC Force Main(6'-g') LF 1,090 S B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96S A $174. B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S Q 0 S 0 e 49 B9 24"C905(DR-18)PVC Force Main(12'-14') LF 215 S S BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 181 S 33"1-1141 S L11 I Z BI 1 Trench Safety for Open Cut Pipe Installation LF 2,704 S S B12 Well Pointing LF 2,704 S S Q B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS 1 S S Reducer,and PlugValve&Box),Line Stopwith Bypass,&Coordination with Ci Operating Department) •O OD B14 18"x6"Tapping Sleeve and Valve EA 1 S.714%.66 $ -70,to B15 24"x6"Tapping Sleeve and Valve EA 1 S lidS 'r 1. - B16 18"Tee EA 1 $ S B17 18"Plug Valve&Box EA 1 $ $ B18 24"x18"Reducer EA I S S B19 24"Plug Valve&Box EA 6 Sit C id 5—n B20 24"11.25'Bend EA 7 S $ B21 24"22 5'Bend EA 3 $ S 11 t B22 24"45'Bend EA 17 $.t 7"�� S ✓' B23 4"AirNacuum Release Valve in 5'Diameter FIG Manhole EA 6 S' S D B24 Manhole Trench Safety EA 6 S 1 - S Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT72.918 MATED UNIT PRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA5 S S B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS1 S►� C S -1 G B27 Street Excavation(Inside Trench Repair Limits&l'Beyond E.O.P.) SY S , S B28 Subgrade Preparation(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 S S 1 B29 TX-5 Geogrid(Inside Trench Repair Limits&1'Beyond E.O.P.) SY 2,918 S "0 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec Item No.247(Inside Trench Repair SY 2,918 S $ Limits&I'B and E.O.P.) 115 qdAlf- B31 Prime Coat(0.20 Gallons/SY) GAL 584 S S U31-W B32 3"Type'D'HMAC SY 2,747 $ ` b S t+ B33 Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 mil) LF 3.092 S I"A - S B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 S LosS qO,DID B35 Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 1,083 S -pp- $ B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 S 'z yr S B37 Silt Fence LF 4,820 S S A1.0 t S.Gt/ B38 Inlet Protection EA 7 S $ I 3-15- - B39 Hydromulch SY 1,183 S 1�� S a 0-11 - SUBTOTAL PART B-NEW FORCE MAIN(ITEMS Bl THRU B39) S 3 2 -1 PART C-NEW GATEWAY LIFT STATION(per SECTION Ol 29 01 MEASUREMENT AND BASIS FOR PAYMENT) CI Salvage,Demolish,and Fill In Existing Gateway Lift Station LS I S S qqy C2 Construct New Gateway Lift Station LS 1 $ ii C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S ' S - C4 Trench Safety for Open Cut Pipe Installation LF 110 S S - C5 Well Pointing LF 110 S M $ C6 6"Tee(on Prop.6"C900 PVC FM) EA I S ql S T C C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S S31 q Lt. - C8 6"45°Bend(on Prop.6"0900 PVC FM) EA 4 Is S 3 SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU CS) S 4 � PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D I Grout Fill and Abandon-in-Place Existing 4"FM LF 21 $ S '3, - D2 Grout Fill and Abandon-in-Place Existing 8"W WL LF 22 S 70,1t, S '541. 7 D3 Grout Fill and Abandon-in-Place Existing 10"WWL LF 455 S " S - D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"W WL LF 310 S 9L.1-1 $ Oiljo 2-7 DS Remove Sewage and Gout Fill Bottom of Existing 4'Manhole to Flowline EA 1 $+ D6 Remove Ring&Cover,Top 2'of Manhole,and Gout and Abandon-in-Place Existing Manhole EA 4 $„ S y-1 D7 12”WW Stub and Cap EA 1 S, S 1�rgj.qq D8 12"SDR26 PVC(10'42) LF 265 S D9 12"SDR26PVC(12'-14') LF 106 S 13`��` S D I O Trench Safety for Open Cut Pipe Installation LF 371 DI l Well Pointing LF 371 S S O 2 D12 T Diameter F/G Manhole EA 5 S S 3 1 Bid Form Page 2 of 5 Laguna Shores Road Farce Main Replacement-Project No.E10054 Rev 01-13-2016 AO 30 03 BID FORM Item DESCRIPTION UNITMUNITESTIMATED PRICE EXTENDED AMOUN-I" DO Manhole Extra Depth(>6') VF1314 Manhole Trench Safety EA -141.60-���� SD15 Adjust Manhole Ring and Cover EAZ tIR S r D16 Reconnect Existing WW Service EA 10 $ L S D17 Unanticipated New WW Service EA I S G S4$,3 x"13 D18 WW Bypass Operations LS 1 S -_ SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU 1118) 103.,21 -1 17 PART E-FLOW METERS(per SECTION 01 29 Ol MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 $ E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 1 $I ML S - E3 5'Diameter F G Manhole EA 1 S - E4 Manhole Trench Safety EA 1 $ $ .00 - E5 Adjust Manhole Ring and Cover EA 1 S Z $ .,Z"- SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) S PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS 1 S 15,000.00 S F2 Service Main EA 1 $ ,'���� $ F3 Pump Control Panel EA I S Q $ - F4 Junction Boxes LS I S2 `40. S FS Scada Panel EA 1 S t S 13 Z, - F6 Mini Power Zone EA I S �L.��vp $ � F7 Manual Transfer Switch EA 1S $ F8 Scada Pole Foundation and Antenna EA I S F9 Flood Light and Pole EA I S O S S V O F10 Underground Trench LF 300 $ r S 9► py- F11 HMI Graphics Progranuning LS 1 S six $ F12 Conduit and Wiring LS I S I �l F13 Electrical Support Rack EA 1 $ �r S F14 Miscellaneous Electrical LS 1 $2 S 0 F15 Testing and Commissioning LS Isp S S F16 O&M Manuals LS 1 $ $ ,SAO SUBTOTAL PART F-ELECTRICAL(ITEMS FI THRU F16) S TOTAL BASE BID(PARTS A THRU F) S L, - ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION PART Al-GENERAL(per SECTION O1 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al 1 ADD:Mobtl.tron LS I Al2 ADD:Bonds and Insurance LS I S 14 -QL $ Sp O- SUBTOTAL PART Al-GENERAL(ITEMS Al:I THRU A1:2) $ Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev OS-13-2016 00 30 01 BID FORM Item DESCRIPTION UNITUNIT PRICE I EXTENDED AMOUNT PART Bl-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B 1:1 ADD:Street Excavation(I'Beyond E O.P.) SY 5,445 S $ r 131:2 ADD:Subgrade Preparation(1'Beyond E.O.P.) SY 5,445 S S '' b•10 BI:3 ADD:TX-5 Geogrid(I'Beyond E.O.P.) SY 5,445 S S BIA EDD: 10"Type A.Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No.247(1'Beyond SY 5,445 S d, O BL5 ADD:Prime Coat(0.20 GallonslSY) GAL 1,089 S S B1:6 ADD:3"Type'D'HMAC SY 4,908 $ 62 S 131:7 ADD:Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 648 SAV S OZ r B I:8 ADD:Reflective Pavement Markings TY.1(Y)(4")(BKN)(100 mil) LF 110 $ S Z" - B1:9 ADD:Reflective Pavement Markings TY.I(V)(4")(SLD)(100 mil) LF 4,664 S • - S - 131:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S S SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS 111:1 THRU 1111:10) • S TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) S O �� ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) A2-1 ADD:Mobilization LS i S` S 0 - A22 ADD:Bonds and Insurance LS 1 $ S •�p3 - SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S 1 �� PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E2I ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) EA 4 S t,�r . S E2.2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 S 11- S 3 0 or. E2:3 ADD:6'Diameter F'G Manhole EA 4 S �.- S 5 filo t� E2-4 ADD:Manhole Trench Safety EA 4 S - S SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) S •'lip TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 7� Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTiiMATFD I UNIT PRICE EXTENDED AMOUNT QUANTIw BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS A 1 THRU A7) sD SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B I THRU 13339) $ 3 - SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU Cg) $ 3'3q SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU DIS) s 3 G 3 2 1 STI SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU E5) $ 319r.0-44 -44 SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) $ 9 TOTAL PROJECT BASE BID(PARTS A THRU F) is ADDITIVE ALTERNATE NO.1 SUBTOTAL PART Al-GENERAL(ITEMS Al 1 THRU A1:2) s SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI I THRU 131:10) s 41 EST,(IV TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND Bl) s &4'? Q O ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2 I THRU A2 2) s SUBTOTAL PART E2-FLOW METERS(ITEMS E2.1 THRU E2 4) S -7 TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) s '7 ass Z - TOTAL PROJECT BASE BID S4(jQ .131.36 - TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1 s N;21y T- TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 s12, 4ZD_:) TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completion in 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Y/ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: C2 L ----t,�A, - U—C 'b (t or printe By: (signature--atttalch.evidence of authority to Name: \ ,Iv�Sbr�� C- cu (typed or printed) Title: Business address: Phone: 31,f—X16-(i3Owl Email: Uja..�k2 Ck r.L,,,Al14AIV ,p- END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CrrY— _ PURCHASING DIVISION Ciry of CITY OF CORPUS CHRISTI c;ty of DISCLOSURE OF INTEREST Cch sa City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: DC 5XI-t.,cls r LLC �)6 LL halint 4;�tCc.t P.O.BOX: STREET ADDRESS: ("m "ea 4 r,� CITY: ZIP. 7� � FIRM IS: 1. Corporation 82. PartnersLE hip � 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm:' Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Title N It 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named'firm." Name Consultant City of Corpus Christi 003005-2 Disclosure of interest Rev01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi),Texas as changes occur. Certifying Person: 5�, _ Title: ��E4,CU criw or Print) Signature of Certifying Date: .� Person: /zs, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. p Company Name: l C -r��res�c ��.0 1)6a, Li 3,nc11,.t (typed or printed) By: (signature-- tt vidence of authors Name: (,(.1- (typed or pri ted) Title: �rCLt c.-4 Business address: fo22�i ,��( <_kre� Phone: �[.1—�IG -(Qpa7 Email: Gc�r�,. (�rlCt�i�+.Ge.w END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 A urea, T, �. .h BID BOND KNOW ALL MEN BY THESE PRESENTS,that we CPC Interests. LLC dba Clark Pipeline Services. LLC as principal, hereinafter called the"Principal,"and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the"Surety," are held and firmly bound unto City of Corpus Christi as obligee, hereinafter called the Obligee, in the sum of Five Percent(5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Laguna Shores Road Force Main Replacement, Project No. E10054. NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 25th day of Jam, 2018. CPC Interests, LLC dba Clark Pipeline Services. LLC (Principal) BY: TITLE: Sur6%c Insurance C BY: �11,wqAan Dennis M. Descant, Jr., Attorney-in-Fact Clark Pipeline Services-City of Corpus Christi-Laguna Shores Road Force Main Replacement.doc Rev 1.1.06 POA#: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Jeffrey L.Brady,Dennis M. Descant,Jr.,Cheryl A.Sanders,Alicia Cantavella its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments•or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Ten Million and 00/100 Dollars($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confu-ming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12131/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be It Resolved that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,•contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or ; any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) � ht Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,Andrits corporate seal to be hereto affixed this 25th day of April ,A.D. 2017 , S�yBAN QF SURETEC SURAN C (Lu .oBy: w a John Knox , rest State of Texas ss: c Yl 5 County of Harris «tea On this 25th day of April ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. 4. JACQUELYN JACQUELYN GREENLEAF =f: %rallotary Public,State of Texas a'. ter Comm.Expires 05-18-2021 %%E0 ;��� Notary ID 126903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 25th day of July 2018 A.D. M.Brent Beatyy Assistant Sec etary Any instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number: Owner: Cityqf Corpus Christi Bidder: OAR: Designer: ILIA En 'neering,Inc. Item DESCRIPTION UNIT ESnMATED UNIT PRICE EXTENDED AMOUNT OUANTITY BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max 510) LS I S/to av S A2 Bonds and Insurance LS I s4.woS 4od= A3 Traffic Control LS 1 S S I(V boo A4 Storm Water Pollution Prevention Plan LS I S 00 S 7- Soo A5 Ozone Action Day DAYS 5 S 6i)O- S fjOO A6 Contingency Allowance for Unanticipated Adjustments LS I 5 50,000.00 S D�G A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS I S 25,000.00 S 902 SUBTOTAL PART A-GENERAL(ITEMS Al THRU A7) S 5 mo - PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B I Directionally Drilled 24"Fusible C905(DR-18)PVC Force Main LF 2,313 S S B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 S O- S B3 Directionally Drilled 36"Fusible C905(DR-I8)PVC Casing LF 437 S &. S Vr '78 B4 Bore Pit Trench Safety EA 6 S 2i cob Lo S /� B5 24"C905(DR-18)PVC Force Main(0'-6') LF 1,089 S - SZ T� — 7p— B6 B6 24"C905(DR-18)PVC Force Main(6'-8') LF 1,090 $Z 13 - S A ZD- B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96 f S 2 2 4.n AA B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S - S SO B9 24"C905(DR-I8)PVC Force Main(12'-14') LF 215 S ' S Z - BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 183 S 3115- S 1 4 B I I Trench Safety for Open Cut Pipe Installation LF 2,704 S jj GU S 4 O B12 Well Pointing LF 2,704 S S it B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS I SS Reducer,and PlugValve&Box),Line Stopwith Bypass,&Coordination with Ci Operating Department) d coo If B14 18"x6"Tapping Sleeve and Valve EA l S S OO B15 24"x6"Tapping Sleeve and Valve EA 1 S S oS—Q B16 18"Tee EA 1 $77,60o f7,5 b� B17 18"Plug Valve&Box EA 1 S 25 toe S 15 B18 24"xl8"Reducer EA 1 S 12 Cco S Doo B19 24"Plug Valve&Box EA 6 $ S /L I Q B20 24"1125'Bend EA 7 S Soo S *7 1 D B21 24"22-5°Bend EA 3 $s S S O B22 24"45°Bend EA 17 S-5 S B23 4"Air7Vacuunt Release Valve in 5'Diameter F/G Manhole EA 6 f S �O - an 6 B24 Manhole Trench Safety EA 6 S S Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev OS-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA 5 S I to S 7 TV0 B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS 1 S CDO S CM B27 Street Excavation(Inside Trench Repair Limits&P Beyond E.O.P.) SY 2,918 S /0-00 S 00 - B28 Subgrade Preparation(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 S5.00 S B29 TX-5 Geogrid(Inside Trench Repair Limits&P Beyond E.O.P.) SY 2,918 S 5.D Z S ARZ 7 B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No 247(Inside Trench Repair SY 2,918 S .�o $ 'L - Limits&l'B and E.O.P.) - 1331 Prime Coat(0.20 Gallons SY) GAL 584 S -&o S 79 Te B32 3"Type'D'HMAC SY 2,747 $ qo.co S 2 4 - B33 Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 3,092 S 1.00 $ 09 Z B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 S ,p(j S 4 B35 Reflective Pavement Markings TY.I(W)(4")(SLD)(100 mil) LF 1,083 S S O 3 B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 $ 'Z.Da S B37 Silt Fence LF 4,820 S'3"QQ S - B38 Inlet Protection EA 7 5 -n- S t 2 - B39 Hydromulch SY 1,183 S 1 , O- S -3b SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU B39) S PART C-NEW GATEWAY LIFT STATION(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) ICS Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS 1 $1Z= S 000 C2 Construct New Gateway Lift Station LS 1 ?,74 7 $ C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 S "oo S ?- d C4 Trench Safety for Open Cut Pipe Installation LF 110 S 5"o6 S Sd C5 Well Pointing LF 110 S "M S - C6 6"Tee(on Prop.6"C900 PVC FM) EA I S r $ 9-757 C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S 'zoo 5 C8 6"45'Bend(on Prop.6"C900 PVC FM) EA 4 $ S boo SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS Cl THRU C8) S'Z7 Ct3 PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) DI Grout Fill and Abandon-in-Place Existing 4"FM LF 21 S �- $ D2 Grout Fill and Abandon-in-Place Existing 8"WWL I F 22SI .OQ S 0 D3 Grout Fill and Abandon-in-Place Existing 10"WWL LF ;455 $15.00 S D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"WWL LF 310 S $ lo. Q - D5 Remove Sewage and Grout Fill Bottom of Existing 4'Manhole to Flowline EA 1 S l 00 S 0 O D6 Remove Ring&Cover,Top T of Manhole,and Grout and Abandon-in-Place Existing Manhole EA 4 S D7 12"WW Stub and Cap EA 1 '7-5 0- S D8 12"SDR26PVC(10'-12') LF 265 1& -00 S 25.0 - D9 12"SDR26 PVC(12'-14') LF 106 S 0 S / o O -- D l0 Trench Safety for Open Cut Pipe Installation LF 371 S/6.00 S - DI I Well Pointing LF 371 S .00 S ¢.ZR D12 4'Diameter FEG Manhole y EA 5 %000 S f000 Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT D13 Manhole Extra Depth(,6') VF 27 S900 -- S D14 Manhole Trench Safety EA 5 S D4 wo S 060 D15 Adjust Manhole Ring and Cover EA 5 S OD- $2 . 500 D16 Reconnect Existing WW Service EA 1074 60D S 0 D17 Unanticipated New WW Service EA I 5,600 $ D18 WW Bypass Operations LS 1 $-)15-00 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU D18) SZ PART E-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA 1 $ E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA I (� S 4T F3 5'Diameter FSG Manhole EA l O S S0 E4 Manhole Trench Safety EA I S2-600 E5 Adjust Manhole Ring and Cover EA 1 S S O SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S PART F-ELECTRICAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) FI AEP Electric Service Allowance LS I S 15,000.00 $ /5,000 F2 Service Main EA 1 S 0 S 0 F3 Pump Control Panel EA I S C)I co S F4 Junction Boxes LS I S 1 S" I Q j7 F5 Scada Panel EA 1 SBo0 F6 Mini Power Zone EA 1 S fin, $5 Za F7 Manual Transfer Switch EA I d S Q F8 Scada Pale Foundation and Antenna EA 15—91W $ F9 Flood Light and Pole EA I A-344 F10 Underground Trench LF 300 s&.48 S L `!3 4 - Fit HMI Graphics Programming LS 1 !64 & S F12 Conduit and Wiring LS 1 S o 4 F13 Electrical Support Rack EA 1 53Do S 3 101.10 F14 Miscellaneous Electrical LS 1 S S 4,D F15 Testing and Commissioning LS I S S 4,0 - F16 O&M Manuals LS I $ S SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) S TOTAL BASE BID(PARTS A THRU F) ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION TT PART Al-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) AIA ADD:Mobilization LS 1 S s O A1:2 ADD:Bonds and Insurance LS 1 $ S 5 SUBTOTAL PART At-GENERAL(ITEMS Al:I THRU A1:2) '201000 Bid Form Page 3 0£5 Laguna Shores Road Force Main Replacement•Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT J UNIT PRICE I EXTENDED AMOUNT PART Bl-NEW FORCE MAIN(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) BIA ADD:Street Excavation(P Beyond E.O.P.) SY 5,445 S], - S 2 4-71 131:2 ADD:Subgrade Preparation(l'Beyond E.O.P.) SY 5,445 S■ .0Q $ 23 5 131:3 ADD:TX-5 Geogrid(1'Beyond E.O.P.) SY 5,445 A-32 3a $23,522. q B1,4 ADD: 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No 247(P Beyond SY 5,445 S Zg 1143,04-60 E.O.P.) 131:5 ADD:Prime Coat(0 20 GallonsiSY) GAL 1,089S !'5 7 $ V1 ?,E2- 131:6 ADD:3"Type'D'HMAC SY 4,908 S "00 '142- 3 2 B1.7 ADD:Reflective Pavement Markings TY.1(Y)(4")(SLD)(100 mil) LF 648 $ ,Qb S 4, B 1:8 ADD:Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 110 S S BI.9 ADD:Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 4,664 S - S 4' B 1:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 S .0cr S SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI:1 THRU BI:10) 1'20A-. TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) 7 ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) A2A ADD:Mobilization LS I S 0 VW S D I.00 _ A2:2 ADD:Bonds and Insurance LS 1 $ oo - SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) S` PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) F71 ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) LA 4 '3.3'409'j O S E2:2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 $ S O Wd E2:3 ADD:6'Diameter FO Manhole EA 4 SA Z60 S3 A o0o E2:4 ADD:Manhole Trench Safety EA 4 S S R. SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) S TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S l O Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESGR[P FION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS A 1 THRU A7) S SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B 1 THRU 1339) S 3 Z SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS C I THRU C8) $ 3 7 SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU D18) S f3.-!5&5 — SUBTOTAL PART E-FLOW METERS(ITEMS EI THRU ES) S 49 SUBTOTAL PART F-ELECTRICAL.(ITEMS F I THRU F 16) S , 1 TOTAL PROJECT BASE BID(PARTS A THRU F) -7 0 ADDITIVE ALTERNATE NO.1 SUBTOTAL PART A I-GENERAL(ITEMS A 1:1 THRU A 1:2) S 7-0�000 SUBTOTAL PART B I-NEW FORCE MAIN(ITEMS B 1:1 THRU B 1:10) S '7 g TOTAL ADDITIVE ALTERNATE NO.I(PARTS At AND BI) S . -7 ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2.2) S goo `3 SUBTOTAL PART E2-FLOW METERS(ITEMS E2 I THRU E2.4) S O ig TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 'u TOTAL PROJECT BASE BID S 2� TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.I S IS TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S 0 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 S 1596-00- 1 Contirac 00- Contract Times Bidder agrees to reach Substantial Completion in 270 days Bidder agrees to reach Final Completionin 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(I 1 l-1 A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection(a)tdi.texas.gov E-mail: ConsumerProtection(-a,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCCSTXM0008 10 7022' Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects,A.I.A Documents No.A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Bridges Specialties, Inc. as Principal hereinafter called the Principal, and U.S.Specialty Insurance Company a corporation created and existing under the laws of the State of TX whose principal office is in Houston,TX as Surety,hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5%GAB) for the payment of which sum,well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally, firmly by these presents Whereas,the Principal has submitted a bid for Laguna Shores Road Force Main Replacement City Project No. E10054 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 25th day of July, 2018 Bridges Specialties. Inc. (Princi 1) By I (SEAL) U.S.Specialty Insurance Company (Surety) By (SEAL) Robert G. Kanuth Attorney-in-fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beck, Robert G.Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *********************Ten Million********************* Dollars ($ **10,000,000.00* . This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY „pnm.111y ow unyy a„pnwunnly, „quwuunr 1N,aroReyy o `yg\,R�by alloINac., �y\naua oe. -••...tiaroc, .``rt..•......,.lya, ;V `.o`4� a '•;•`'' : �,•' \� �I the rya[ E f o- E By: 3Yi NOWOMIED ys —OS ;= ?W: ;_� �%' �� tj - _ W °�^'%'"° � =Y'• a' "=.r'. �t.�1�1 ,� Daniel P.Aguilar,Vice Presi ent '''''ycAi iFORN�'`P`O pnnuumro"`", luunnn Focnpublic or other officer completing this certificate verifies only the identity of the individual who signed the rto which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whosename is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission N 2129256 Signature (Seal) Notary Public-California Los Angeles County My Comm.Expires Nov 3,2019 I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. hyti In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this as day of 'tiA.1!6 Corporate Sealsoat S`"na Cioyyyy g SUlrr" "gNOINIGy"4,c ........,,b"'•,y . s m:• •o 4: •:a,aa* r.lr' t c+ r y? VA i'' + •t* _ `f aW 1 ! c, t9 _ y '�- Kin Lo,Assistant-Secretary sc.: elrnlnoadm ey= Oi V A ewi A svi! Y i8'= Bond NO. f�/ '°s5' sE.r.a.,we o`` ;�:• •�v` _'"'• i.�` j i a ?f.` ''s, +.., ?.t•'\ ?'?c 'act. :'y c '': ? c` %,7+...........•tc "'',tel,,•.. �.p� �y +.......�•'` Agency No. 17042 "•y6�L�FORN\�.o` yMn * x°r yMOFTE+o`` Wyy * o°``c II IIIIn1aH IUlllll,laaaa IIIIIIIIIIIna\ Irnlll{1919\aa 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 1 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: malyfule L, Title: D:ffic-e Mono er Cape or Prim) Signature of Certifying Date: Person: 41j4,4 `7 67 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with he Drawings,SpecificatiQ s,and Contract Documents,this Bid Proposal is submitted by_ 11 C eJ eG I eS —TG (type or print name of company)on:Wednesda ,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt 4-44 Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: S ec (a I yes .1 n G (typed er printed full legal n e of Bidder) By: -�--�- � cw or (individual's nature) Name: 5ql=T o f don (typed or printed) Title: prft�da/�r/der zz�: ed) Attest: (individuco signature) State of Residency: n� Federal Tax Id. No. Address for giving notices: Q 3.3 F ro 0 Ll 0 0 w a T -7 '3 SU Phone: �3(� 3g7"o�`�y,3 Email ,�,0,�on a Q l)rlclges,soeuci�[Ie5iAC co/h IJ ki(Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No. E10054 ReV01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. I Company Name: ( e G I _ y t: (typed or printed) By: G1�w i (signature--attach evidence of ajoority to sign) Name: n 6Eordon (typed or printed) Title: I �^ eG (Don Business address: 033 EM k;? Lr +vwn, J)( ` 9250 Phone: 3�I`397-Q7L1,3 Email: � ( � �I ue-s-wectc-d+c�S Ie1G<<P/n END OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in ` the State of Lid Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: B r t do Ps S ec 1 ie-S 1n c (typed or printed By: (signature--attach eviden of authority to sign) Name: r I Gn 9) r l dd S (typed or printed) Title: eside Business address: Br I d n e3 S o PG 17 C ud3 �a kQ Phone: 3(0�-,35'7-a`7y3 Email: riatld@bfUd=S42ectc7 flesin(-,com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest / 1 SUPPLIER NUMBER TO BE ASSIGNED BYCP17- _ PURCHASING DIVISION C of CITY OF CORPUS CHRISTI C of DISCLOSURE OF INTEREST C�a City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: eGt ! e,3 L P.O.BOX: STREET ADDRESS: Ya33 G CITY: Wn ZIP: 7F3LS0 FIRM IS: 1. Corporation 2. Partnership3. 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) 11 /4 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by 5PIE5S GONSTP W(,- I QN a.,INC. (type or print name of company)on:Wednesday,July 25,2018 at 2:00 P.M.for Laguna Shores Road Force Main Replacement,Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No. E10054 All envelopes and packages (including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 Laguna Shores Road Force Main Replacement—Project No.E10054 ReV01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Laguna Shores Road Force Main Replacement—Project No. E10054 ReV01-13-2016 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: nn Bidder: SPIGSS CyAj-sTRlit c-nbN l�O._ lar . (typed or printed full legal name of Bidder) By: I✓ (individual's signature) Name: Bgpol L M-' TLf+t--,rr I (typed or printed) Title: Vi CC-, IPQ,&S I NI W; 60uc�,� (typed or printed) Attest: WOW DAWID-Sot4, S�W(individuol's signature) State of Residency: etob F-ORN//-* Federal Tax Id. No. X15-31 I G G7LI- Address for giving notices: 1116 E-- , (',(AQK ,A,VE . i -'#2IQ Phone: RL5437 rJJbSCJ Email: i V11-0 9 SGL i'G a n S . CO m (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Laguna Shores Road Force Main Replacement-Project No. E10054 Rev 01-13-2016 00 30 01 BID FORM Project Laguna Shores Road Force Main Replacement Name: Project E10054 Number- Owner:—Cl umber:Owner: Ct OfCorpusChnsi Bidder: OAR: Designer: IUA Engineering,Inc Item DESCRIPTION UNITI in ESTIMATED UNIT PRICE EXTENDED AMOUNT BASE BID PART A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Max.5%) LS 1 $2Z0,090 S 7-7-0,000 A2 Bonds and Insurance LS I $(yD,zo S 140'X00 A3 Traffic Control LS I S 90.,Wa S e10,000 A4 Storm Water Pollution Prevention Plan LS I S10,000 S 10,0040 A5 Ozone Action Day DAYS 5 $ 1,000 S A- -) t 0 A6 Contingency Allowance for Unanticipated Adjustments LS 1 S 50,000.00 $ 50 000 A7 Contingency Allowance for Unanticipated Disposal of Contaminated Groundwater LS I S 25,000.00 $Zsj coo SUBTOTAL PART A-GENERAL(ITEMS AI THRU A7) S '5 0q Opo - PART B-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B I Directionally Drilled 24"Fusible C905(DR-18)PVC Force Main LF 2,313 S 4123 - S q 79 399 B2 Encased 24"Fusible C905(DR-18)PVC Force Main LF 437 S 403 - $ 17G, I j I B3 Directionally Drilled 36"Fusible C905(DR-18)PVC Casing LF 437 S G613- S 302- $H 1 - B4 Bore Pit Trench Safety EA 6 $ 1,000- $ (0,000 B5 24"C905(DR-18)PVC Force Main(0'-6') LF 1,089 S Z q$- S 37-14,e'52-2-- B6 32y522B6 24"C905(DR-18)PVC Force Main(6'-8') LF 1,090 S 30$ - S 335,72Q- B7 24"C905(DR-18)PVC Force Main(8'-10') LF 96 S 335- S r y L/$- B8 24"C905(DR-18)PVC Force Main(10'-12') LF 31 S -353 S )Q q y 3 B9 24"C905(DR-18)PVC Force Main(12'-14') LF 215 S Lio3- S 8cov4s- BIO 24"C905(DR-18)PVC Force Main(14'-16') LF 183 S 'q -2,- S 7e) 2,39 B11 Trench Safety for Open Cut Pipe Installation LF 2,704 $ $ 2,',-A:)y B12 Well Pointing LF 2,704 S Z-5 - $ (o7, 6700 - B13 Connect New 24"FM to Existing 18"FM(Incl.All Req'd 18"FM Pipe and Appurtenances(Excluding Tee, LS 1 $140,0pCa S q0 000 Reducer,and PlugValve&Box).Line Stopwith Bypass.&Coordination with Ci Operating Department) B14 I8"x6"Tapping Sleeve and Valve EA 1 $ ?-'15700 S 2,1ja—") B15 24"x6"Tapping Sleeve and Valve EA 1 $2,,zWO $ 2 1500 B16 18"Tee EA 1 $2''500 S Z'500 B17 18"Plug Valve&Box EA I S10,Wo- S 10,000 B18 24"xl8"Reducer EA I S Y 50o S 44,500 B19 24"Plug Valve&Box EA 6 $1!50M $ q0.,OW B20 24"11.25°Bend EA 7 S 3�J_mK016 S 2-1 X001 B21 24"22.5°Bend EA 3 S -3000 S qe 400 B22 24"45°Bend EA 17 S 3,0( ra $ ;51"ma iB23 4"AirNacuum Release Valve in 5'Diameter F'G Manhole EA 6 $1 Q'XV $ 60/000 824 Manhole Trench Safety EA 6 $ tJ.0'p- S 3,000 Bid Form Page 1 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM ESTIMATED Item DESCRIPTION UNIT UNITPRICE EXTENDED AMOUNT B25 Adjust Manhole Ring and Cover EA 5 $ 600 $ 2.1500 B26 Connect New 24"FM to Existing Laguna Madre WWTP Infrastructure LS 1 S /0,000 S `O00 B27 Street Excavation(Inside Trench Repair Limits&I'Beyond E.O.P.) SY 2,918 S 17 - S (00G B28 Subgrade Preparation(Inside Trench Repair Limits&1'Beyond E.O.P.) SY 2,918 $ I - $ 2 —4918 B29 TX-5 Geogrid(Inside Trench Repair Limits&F Beyond E.O.P.) SY 2,918 $ y - $ 7� B30 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std,Spec.Item No.247(Inside Trench Repair SY 2,918 $ S 5i 52 Limits&1'B and E.O.P. B31 Prime Coat(0.20 GallonsiSY) GAL 584 $ - - $ 2, 612-0 - B32 3"Type'D'HMAC SY 2,747 S 2-5 - S (o$ �o7jr- B33 Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 3,092 S j S CQ Z B34 Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 140 $ I $ I Li B35 Reflective Pavement Markings TY.I(W)(4")(SLD)(100 mil) LF 1,083 $ I $ (/003 B36 Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 53 S too - S 00 B37 Silt Fence LF 4,820 $ Z - $ Cl (VC4 Q B38 Inlet Protection EA 1 7 $ 100- $ 700 B39 Hydromulch SY 1,183 S j S ( es SUBTOTAL PART B-NEW FORCE MAIN(ITEMS BI THRU B39) $ PART C-NEW GATEWAY LIFT STATION(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl Salvage,Demolish,and Fill In Existing Gateway Lift Station LS I $3.Q�Ql:v S 'jQ�000 C2 Construct New Gateway Lift Station LS 1 S(4G t0W S CIO 4PI& 000- C3 Open Trench 6"C900(DR-18)PVC Force Main LF 110 $ 2.00- $ 2-2,000 C4 Trench Safety for Open Cut Pipe Installation LF 110 S I S ( ^ C5 Well Pointing LF 110 $ 2.5 C6 6"Tee(on Prop.6"C900 PVC FM) EA I S t $ 0 C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S I G" S 3 Opp C8 6"451 Bend(on Prop.6"C900 PVC FM) EA 4 $ S Coop SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS CI THRU CS) S 72 9 9(p0 PART D-GRAVITY WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) DI Grout Fill and Abandon-in-Place Existing 4"FM LF 21 S 2 - $ 52 D2 Grout Fill and Abandon-in-Place Existing 8"WWL LF 22 S �,5 - $ '550 D3 Grout FIII and Abandon-in-Place Existing 10"WWL LF 455 $ yO - S ' S Zpp D4 Remove Sewage,Grout,and Abandon-in-Place Existing 12"WWL LF 310 S D5 Remove Sewage and Grout Fill Bottom of Existing 4'Manhole to Flowline EA 1 $2f VOO $ 2—,,9000 D6 Remove Ring&Cover,Top 2'of Manholc,and Grout and Abandon-in-Place Existing Manhole EA 4 $2 $ 13'e coo D7 12"WW Stub and Cap EA I S I 000 S ( oc?a D8 12"SDR26 PVC(10'-12') LF 265 S (,/000 S 265 ixc - D9 12"SDR26 PVC(12'-14') LF 106 $ j,00 S J Z,7 ZOO - DIO Trench Safety for Open Cut Pipe Installation LF 371 S I - S 971 Dl l Well Pointing LF 371 S Z"5 - S 9 Z 75 DI2 T Diameter FG Manhole EA 5 S 2.Z,0W $ lip,OOZ) Bid Form Page 2 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT DI3 Manhole Extra Depth(>6') VF 27 $ 2.00 - S '5.,4100 DI4 Manhole Trench Safety EA 5 S I.,OCO S Lj 000 DIS Adjust Manhole Ring and Cover EA 5 S cop- S 2 rip D16 Reconnect Existing WW Service EA 10 S1 ovo S 10,000 - D17 Unanticipated New WW Service EA 1 S a0m S 3 00a DI8 WW Bypass Operations LS I S � $ SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS Dl THRU D18) S G 3e r 7- PART E-FLOW METERS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) EI Install Flow Meter at One(1)Lift Station(Excludes Meter Cost) EA I S lO a)o S )0,000 E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA I S>TDOQ $ E3 S'Diameter FIG Manhole EA I S 8 ` ] S 8�Opp E4 Manhole Trench Safety EA I S 1/000o, S 1/000 E5 Adjust Manhole Ring and Cover EA 1 S S'OQ S 500 SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ 2-1t,600 PART F-ELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F I AEP Electric Service Allowance LS I S 15,000.00 S 5 co F2 Service Main EA 1 S fJ�L3 S F3 Pump Control Panel EA 1 S )2,007 S )2.,OV F4 Junction Boxes LS I S 1r00,9 S )• 000 F5 Scada Panel EA 1 $ Oce; $ &,4 esxmp F6 Mini Power Zone EA I S 7 am- S 7 qo0 F7 Manual Transfer Switch EA 1 s7 S 7 t F8 Scada Pole Foundation and Antenna EA 1 S5,-,00,0 S S/= F9 Flood Light and Pole EA 1 S s Flo Underground Trench LF 300 S /O S 3,600 I'll HMI Graphics Programming LS I S S 10"000 F12 Conduit and Wiring LS 1 sz!;; 0 S ZS wo F13 Electrical Support Rack EA I S 4, S �i bb0 F14 Miscellaneous Electrical LS 1 S C. �VGC>7 S rJ�POp i FIS Testing and Commissioning LS I S � S 1, 500 F16 O&M Manuals LS 1 $3,000 s 3 &V0 SUBTOTAL PART F-ELECTRICAL(ITEMS Fl THRU F16) $ 161 Ck ocy TOTAL BASE BID(PARTS A THRU F) ADDITIVE ALTERNATE NO.I-FULL WIDTH PAVEMENT RECONSTRUCTION PART At-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) AI•I ADD:Mobilization LS I I S /7 $ )5,000 AI:2 ADD:Bonds and Insurance LS 1 5 rG/ow S rjZ 000 SUBTOTAL PART Al-GENERAL(ITEMS A1:1 THRU A1:2) S oc Bid Form Page 3 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM it.. I DESCRIPTION UNIT �TFDUNIT PRICE EXTENDED AMOUNT PART BI-NEW FORCE MAIN(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) BI°I ADD:Street Excavation(1'Beyond E.O.P.) SY 5,445 S ) -7 - S 2 - BL2 ADD:Subgrade Preparation(I'Beyond E.O.P.) SY 5,445 S S B 1:3 ADD:TX-S Geogrid(]'Beyond E.O.P.) SY 5,445 $ $ 2 78th B1:4 ADD: 10"Type A,Grade 1-2 Crushed,Limestone Base per TxDOT Std.Spec.Item No.247(1'Beyond SY 5,445 $ ($ - S qg 4 - E.O.P. B I:5 ADD:Prime Coat(0 20 GallonsiSY) GAL 1,089 $ $ S 41y G 81:6 ADD:3"Type'D'HMAC SY 4,908 $ ZS- $ 12—Z,700 - B 1:7 ADD:Reflective Pavement Markings TY.I(Y)(4")(SLD)(100 mil) LF 648 S S 644$ 131:8 ADD:Reflective Pavement Markings TY.I(Y)(4")(BKN)(100 mil) LF 110 S i $ B 1:9 ADD:Reflective Pavement Markings TY.1(W)(4")(SLD)(100 mil) LF 4,664 $ $ B I:10 ADD:Raised Reflective Pavement Markings(TYII-A-A)Yellow EA 19 $ 1100 - S 1 ,q00 SUBTOTAL PART Bl-NEW FORCE MAIN(ITEMS Bl:l THRU B1:10) Z,(67 TOTAL ADDITIVE ALTERNATE NO.1(PARTS Al AND BI) S 3-7 2.b7 ADDITIVE ALTERNATE NO.2-FLOW METERS PART A2-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A2.1 ADD:Mobilization LS I S��' . S S r A22 ADD:Bonds and Insurance LS I S$/C S Z 6 SUBTOTAL PART A2-GENERAL(ITEMS A2:I THRU A2:2) S ;� ; PART E2-FLOW METERS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) E2:1 ADD:Install Flow Meter at Four(4)Lift Stations(Excludes Meter Cost) EA 4 S Z$ S ' 2 ppp E2:2 ADD:Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA 4 $S .,CL0 $ Z D� E2:3 ADD:6'Diameter FxG Manhole EA 4 $,-,. $ E2:4 ADD:Manhole Trench Safety EA 4 S l/ppv $ LJ.1 pip SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $ 2,71 eq,000- TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) S 23 l Bid Form Page 4 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT UNIT PRICE EXTENDED AMOUNT BID SUMMARY BASE BID SUBTOTAL PART A-GENERAL(ITEMS AI THRU A7) $ 5;00,=o SUBTOTAL PART B-NEW FORCE MAIN(ITEMS B I THRU B39) s at q 2-11 12-15 - SUBTOTAL PART C-NEW GATEWAY LIFT STATION(ITEMS CI THRU C8) $ '72 C1, 6i(Z SUBTOTAL PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS DI THRU 1318) $ (033 S 2 I - SUBTOTAL PART E-FLOW METERS(ITEMS El THRU E5) $ a.y SQa SUBTOTAL PART F-ELECTRICAL(ITEMS FI THRU F16) $ TOTAL PROJECT BASE BID(PARTS A THRU F) s y 9 78 (� ADDITIVE ALTERNATE NO.I SUBTOTAL PART At-GENERAL(ITEMS AI I THRU A1:2) $ Z Q,, SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI I THRU BI 10) $ 3532-(,7 TOTAL ADDITIVE ALTERNATE NO.I(PARTS Al AND Bl) S 473, 247 ADDITIVE ALTERNATE NO.2 SUBTOTAL PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $ 7 C• SUBTOTAL PART E2-FLOW METERS(ITEMS 112:1 THRU E2:4) $ ZZC.+ 9!5S TOTAL ADDITIVE ALTERNATE NO.2(PARTS A2 AND E2) TOTAL PROJECT BASE BID s 44/4-78 , 10C, TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.I s 351 3 73 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.2 S S� Z09 I" TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1+ADDITIVE ALTERNATE NO.2 s S.SS 2.,e 873 Contract Times Bidder agrees to reach Substantial Completion to 270 days Bidder agrees to reach Final Completion to 300 days Bid Form Page 5 of 5 Laguna Shores Road Force Main Replacement-Project No.E10054 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of CA1,1 FOiQ.NI A ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: SplEss Corns-rR ucnot-r 6D -, 1n1C (typed or printed) By: �, (si ature--attach evidence of authority to sign) Name: pazp,y L. MA—TWE-rT 11// (typed or printed) V Title: l cc-- PeAE61zCN7 Business address: R0, 60X !Z949 G-AAmA MARVA /60 0131-15 7 Phone: f5�,5-937- ✓859 Email: j/1--0 $GGi-bb n /4$- Cpm END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Laguna Shores Road Force Main Replacement-Project No. E10054 11-25-2013 t i t RESOLUTION OF BOARD OF DIRECTORS OF SPIESS CONSTRUCTION CO., INC. E i i RESOLOVED, That any of the following persons, Scott A. Coleman, t President/CFO; Jeff L. Davidson, Secretary; Barry Matchett, Vice-P res ident/Asst. Secretary; Frank Forthun, Assistant Vice-President; acting together or individually, are hereby authorized to bid on any private or public works construction project on behalf of said Corporation; are authorized and instructed to execute such Bid Proposal Forms, Contracts, Change Orders; and other documents as may be necessary and on behalf of said Corporation. I, Jeff L. Davidson, do hereby certify that I am the duly elected and qualified Secretary and the Keeper of the records and corporate seal of Spiess Construction Co., Inc. a corporation organized and existing under the laws of the State of California, and that the above is true and correct copy of the resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with law and Bylaws of said Corporation on the 3rd day of March 2015, and such the resolution is now in full force and effect. IN WITNESS THEREOF, I have affixed my name as Secretary and have caused the corporate seal of said Corporation to be hereunto affixed the 3rd day of March 2015. Jeff L. Davidson, Secretary r 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CrrT-- PURCHASING DIVISION CITY OF CORPUS CHRISTI city off DISCLOSURE OF INTEREST us Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: SPI ESS CC N S?R t4 G?l Div CC _, �At C . P.O.BOX: 13 VA ze)49, SAN-rA-/-W9 1A I W G&LAS,7 STREET ADDRESS: 1110 i-• UUK AVi'✓1T'�21 b CITY: SA rrA M,F191A ZIP: C13LI5 5 FIRM IS: 1. Corporation 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other If additional space is necessarDISCLOSURE QUESTIONS y,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 ri 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 I 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 N ' Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name I Consultant City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. � Certifying Person: .SARAY L. M4"]64ETr - Title: frAw or Print) Signature of Certifying Date,• JULY alU Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: SpIt:SS LON-eVIfCTI V14 (.tJ 5 fIJC (typed or printed) By: ignature--attach evidence of authority to sign) Name: 13AI2,R y L • MA-Mq e7T (typed or printed) Title: V1 CE 1,6E—/VT Business address: 1;O. 80x 2-a" 34NT4 MA kiA I G1i q3 X157 Phone: M5-X37.5059 Email: END OF SECTION Non-Collusion Certification 00 30 06-1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we,Spiess Construction Co., Inc. , as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of corpus Christi , as Obligee, in the Sum Of Five Percent of Amount Bid Dollars ($ 5% ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for E10054 Laguna Shores Road Force Main Replacement ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 17th day of July 2018 Spiess Construction Co., Inc. (Principal) By: &�� �, BAR y C. m - aCTT, vlci✓ ,P &,S//3=NT Travelers Casualty and Surety Company of America �,,� By: • , Jea Neu , Attorney-in-Fact 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 document. State of California County of Santa Clara ) On JUL 17 2018 before me, Erin Bautista Notary Public (insert name and title of the officer) personally appeared Jean L. Neu who proved to me on the basis of satisfactory evidence to be the persons)whose name(s) is/sm subscribed to the within instrument and acknowledged to me that M/she/flak executed the same in s/herkkveixauthorized capacity(>te*, and that by laWher/tWir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. U ERIN BAUTISTA s Notary Public-California Santa Clara County > ' #�'• Commission N 2236034 My Comm.Expires Apr 25,2022 Signature (Seal) Travelers Casualty and Surety Company of America .A► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Jean L.Neu,of San Mateo,California,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. ,�W*�r "Ne ' 'v 0%* e . 0010L 51A 4 State of Connecticut By: City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. a My Commission expires the 30th day of June,2021 * «tp * Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this vtn day of juiy 2018 �pµ�y aJ.,IY�Mo 4' HARTFMCINK v �,&E . j 4 SIX MiOpgN �j C fes/ Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. CIV AST Report Created On:7/25/2018 4:16:36 PM PROJECT: E10054 Laguna Shores Road Force Main Replacement BIDDER: JHABORES CONSTRUCTION COMPANY, INC. TOTAL BID: $3,863,123.75 COMPLETION TIME: Not Required BIDDER INFO: P.O. BOX 60089 CORPUS CHRISTI,TX 78466 P: 361-852-8858 F:361-852-7979 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by JHABORES CONSTRUCTION COMPANY, INC. (type or print name of company) on: Wednesday,July 25, 2018 at 2:00 P.M. for Laguna Shores Road Force Main Replacement, Project No. E10054. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement, Project No. E10054 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt NA Bid Acknowledgement Form 003000- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 C'!,';;,5_ Report Created On:7/25/2018 4:16:37 PM BID TOTALS BASE BID Total PART A-GENERAL(ITEMS Al THRU A7) $383,323.00 PART B-NEW FORCE MAIN(ITEMS B1 THRU B39) $2,830,125.56 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) $339,522.30 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) $169,774.35 PART E-FLOW METERS(ITEMS E1 THRU E5) $26,085.00 PART F-ELECTRICAL(ITEMS F1 THRU F16) $114,293.54 Total $3,863,123.75 ADDITIVE ALTERNATE NO. 1 Total PART Al -GENERAL(ITEMS A1:1 THRU A1:2) $22,040.00 PART B1 -NEW FORCE MAIN(ITEMS B1:1 THRU 131:10) $332,474.30 Total $354,514.30 ADDITIVE ALTERNATE NO.2 Total PART A2-GENERAL(ITEMS A2:1 THRU A2:2) $6,400.00 PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) $98,007.92 Total $104,407.92 BASE BID PART A-GENERAL(ITEMS Al THRU A7) No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $182,073.00 $182,073.00 A2 Bonds and Insurance LS 1 $65,000.00 $65,000.00 A3 Traffic Control LS 1 $35,000.00 $35,000.00 A4 Storm Water Pollution Prevention Plan LS 1 $24,500.00 $24,500.00 A5 Ozone Action Day DAYS 5 $350.00 $1,750.00 A6 Contingency Allowance for LS 1 $50,000.00 $50,000.00 Unanticipated Adjustments A7 Contingency Allowance for LS 1 $25,000.00 $25,000.00 Unanticipated Disposal of Contaminated Groundwater Sub Total: $383,323.00 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART B-NEW FORCE MAIN(ITEMS 131 THRU B39) No. Description Unit Qty Unit Price Ext Price B1 Directionally Drilled 24"Fusible C905 LF 2313 $481.00 $1,112,553.00 (DR-18)PVC Force Main B2 Encased 24" Fusible C905(DR-18) LF 437 $309.00 $135,033.00 PVC Force Main B3 Directionally Drilled 36"Fusible C905 LF 437 $810.00 $353,970.00 (DR-18)PVC Casing B4 Bore Pit Trench Safety EA 6 $500.00 $3,000.00 B5 24"C905(DR-18)PVC Force Main LF 1089 $189.54 $206,409.06 (0'-6') B6 24"C905(DR-18) PVC Force Main LF 1090 $206.73 $225,335.70 (6'-8') B7 24"C905(DR-18) PVC Force Main LF 96 $204.31 $19,613.76 (8'-10') B8 24"C905(DR-18) PVC Force Main LF 31 $230.12 $7,133.72 (10'-12') B9 24"C905(DR-18) PVC Force Main LF 215 $281.74 $60,574.10 (12'-14') B10 24"C905(DR-18)PVC Force Main LF 183 $436.60 $79,897.80 (14'-16') B11 Trench Safety for Open Cut Pipe LF 2704 $10.00 $27,040.00 Installation B12 Well Pointing LF 2704 $20.53 $55,513.12 B13 Connect New 24"FM to Existing 18" LS 1 $41,390.85 $41,390.85 FM(Incl.All Req'd 18" FM Pipe and Appurtenances(Excluding Tee, Reducer,and Plug Valve&Box), Line Stop with Bypass,&Coordination with City Operating Department) B14 18"x6"Tapping Sleeve and Valve EA 1 $5,080.61 $5,080.61 B15 24"x6"Tapping Sleeve and Valve EA 1 $5,440.30 $5,440.30 B16 18"Tee EA 1 $2,910.07 $2,910.07 B17 18"Plug Valve&Box EA 1 $6,137.29 $6,137.29 B18 24"x18"Reducer EA 1 $2,126.91 $2,126.91 B19 24"Plug Valve&Box EA 6 $14,477.15 $86,862.90 B20 24" 11.25°Bend EA 7 $2,758.00 $19,306.00 B21 24"22.5°Bend EA 3 $2,759.00 $8,277.00 B22 24"45°Bend EA 17 $2,791.00 $47,447.00 B23 4"Air/Vacuum Release Valve in 5' EA 6 $12,537.28 $75,223.68 Diameter F/G Manhole B24 Manhole Trench Safety EA 6 $250.00 $1,500.00 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART B-NEW FORCE MAIN(ITEMS 1131 THRU B39) No. Description Unit Qty Unit Price Ext Price B25 Adjust Manhole Ring and Cover EA 5 $2,746.00 $13,730.00 B26 Connect New 24"FM to Existing LS 1 $14,592.09 $14,592.09 Laguna Madre WWTP Infrastructure B27 Street Excavation(Inside Trench SY 2918 $3.90 $11,380.20 Repair Limits& 1'Beyond E.O.P.) B28 Subgrade Preparation(Inside Trench SY 2918 $3.36 $9,804.48 Repair Limits& 1'Beyond E.O.P.) B29 TX-5 Geogrid (Inside Trench Repair SY 2918 $3.86 $11,263.48 Limits& 1'Beyond E.O.P.) B30 10"Type A, Grade 1-2 Crushed, SY 2918 $25.73 $75,080.14 Limestone Base per TxDOT Std. Spec. Item No.247(Inside Trench Repair Limits& 1'Beyond E.O.P.) B31 Prime Coat(0.20 Gallons/SY) GAL 583.6 $6.25 $3,647.50 B32 3"Type'D'HMAC SY 2747 $28.51 $78,316.97 B33 Reflective Pavement Markings TY.1 LF 3092 $0.90 $2,782.80 (Y)(4")(SLD)(100 mil) B34 Reflective Pavement Markings TY.1 LF 140 $0.90 $126.00 (Y)(4")(BKN)(100 mil) B35 Reflective Pavement Markings TY.1 LF 1083 $0.90 $974.70 (W)(4")(SLD)(100 mil) B36 Raised Reflective Pavement Markings EA 53 $11.20 $593.60 (TYII-A-A)Yellow B37 Silt Fence LF 4820 $3.64 $17,544.80 B38 Inlet Protection EA 7 $168.02 $1,176.14 B39 Hydromulch SY 1183 $1.13 $1,336.79 Sub Total: $2,830,125.56 PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C1 Salvage, Demolish,and Fill In Existing LS 1 $18,372.34 $18,372.34 Gateway Lift Station C2 Construct New Gateway Lift Station LS 1 $308,142.04 $308,142.04 C3 Open Trench 6"C900(DR-18)PVC LF 110 $49.37 $5,430.70 Force Main C4 Trench Safety for Open Cut Pipe LF 110 $1.00 $110.00 Installation C5 Well Pointing LF 110 $23.00 $2,530.00 C6 6"Tee(on Prop.6"C900 PVC FM) EA 1 $538.62 $538.62 CIVCAST Report Created On:7/25/2018 4:16:37 PM PART C-NEW GATEWAY LIFT STATION (ITEMS C1 THRU C8) No. Description Unit Qty Unit Price Ext Price C7 6"Plug Valve(on Prop. 6"C900 PVC EA 2 $1,381.30 $2,762.60 FM) C8 6"45° Bend(on Prop. 6"C900 PVC EA 4 $409.00 $1,636.00 FM) Sub Total: $339,522.30 PART D-GRAVITY WASTEWATER IMPROVEMENTS(ITEMS D1 THRU D18) No. Description Unit Qty Unit Price Ext Price D1 Grout Fill and Abandon-in-Place LF 21 $13.19 $276.99 Existing 4"FM D2 Grout Fill and Abandon-in-Place LF 22 $13.19 $290.18 Existing 8"WWL D3 Grout Fill and Abandon-in-Place LF 455 $12.75 $5,801.25 Existing 10"WWL D4 Remove Sewage, Grout,and LF 310 $29.24 $9,064.40 Abandon-in-Place Existing 12"WWL D5 Remove Sewage and Grout Fill EA 1 $1,234.58 $1,234.58 Bottom of Existing 4'Manhole to Flowline D6 Remove Ring&Cover,Top 2'of EA 4 $1,098.45 $4,393.80 Manhole,and Grout and Abandon-in- Place Existing Manhole D7 12"WW Stub and Cap EA 1 $167.31 $167.31 D8 12"SDR26 PVC(10'-12') LF 265 $122.91 $32,571.15 D9 12"SDR26 PVC(12'-14') LF 106 $142.35 $15,089.10 D10 Trench Safety for Open Cut Pipe LF 371 $5.00 $1,855.00 Installation D11 Well Pointing LF 371 $23.00 $8,533.00 D12 4'Diameter F/G Manhole EA 5 $7,086.44 $35,432.20 D13 Manhole Extra Depth (>6') VF 27 $642.07 $17,335.89 D14 Manhole Trench Safety EA 5 $500.00 $2,500.00 D15 Adjust Manhole Ring and Cover EA 5 $1,318.16 $6,590.80 D16 Reconnect Existing WW Service EA 10 $511.57 $5,115.70 D17 Unanticipated New WW Service EA 1 $521.00 $521.00 D18 WW Bypass Operations LS 1 $23,002.00 $23,002.00 Sub Total: $169,774.35 Report Created On:7/25/2018 4:16:37 PM PART E-FLOW METERS(ITEMS E1 THRU E5) No. Description Unit Qty Unit Price Ext Price E1 Install Flow Meter at One(1)Lift EA 1 $7,795.98 $7,795.98 Station (Excludes Meter Cost) E2 Ultrasonic Flow Meter by Fuji Electric, EA 1 $6,951.42 $6,951.42 or Approved Equal E3 5'Diameter F/G Manhole EA 1 $9,084.52 $9,084.52 E4 Manhole Trench Safety EA 1 $250.00 $250.00 E5 Adjust Manhole Ring and Cover EA 1 $2,003.08 $2,003.08 Sub Total: $26,085.00 PART F-ELECTRICAL(ITEMS F1 THRU F16) No. Description Unit Qty Unit Price Ext Price F1 AEP Electric Service Allowance LS 1 $15,000.00 $15,000.00 F2 Service Main EA 1 $6,210.62 $6,210.62 F3 Pump Control Panel EA 1 $2,668.27 $2,668.27 F4 Junction Boxes LS 1 $2,107.01 $2,107.01 F5 Scada Panel EA 1 $39,851.48 $39,851.48 F6 Mini Power Zone EA 1 $5,290.53 $5,290.53 F7 Manual Transfer Switch EA 1 $5,290.53 $5,290.53 F8 Scada Pole Foundation and Antenna EA 1 $5,635.56 $5,635.56 F9 Flood Light and Pole EA 1 $4,163.42 $4,163.42 F10 Underground Trench LF 300 $6.37 $1,911.00 F11 HMI Graphics Programming LS 1 $7,912.79 $7,912.79 F12 Conduit and Wiring LS 1 $3,645.86 $3,645.86 F13 Electrical Support Rack EA 1 $3,450.35 $3,450.35 F14 Miscellaneous Electrical LS 1 $2,300.23 $2,300.23 F15 Testing and Commissioning LS 1 $8,280.83 $8,280.83 F16 O&M Manuals LS 1 $575.06 $575.06 Sub Total: $114,293.54 ADDITIVE ALTERNATE NO. 1 ClbVAST Report Created On:7/25/2018 4:16:37 PM PART Al -GENERAL(ITEMS All A THRU A1:2) No. Description Unit Qty Unit Price Ext Price A1:1 ADD: Mobilization LS 1 $15,000.00 $15,000.00 A1:2 ADD: Bonds and Insurance LS 1 $7,040.00 $7,040.00 Sub Total: $22,040.00 PART 131 -NEW FORCE MAIN(ITEMS 131:1 THRU B1:10) No. Description Unit Qty Unit Price Ext Price B1:1 ADD:Street Excavation(1'Beyond SY 5445 $3.90 $21,235.50 E.O.P.) B1:2 ADD:Subgrade Preparation(1' SY 5445 $3.36 $18,295.20 Beyond E.O.P.) 131:3 ADD:TX-5 Geogrid(1'Beyond SY 5445 $3.86 $21,017.70 E.O.P.) B1 A ADD: 10"Type A, Grade 1-2 Crushed, SY 5445 $25.73 $140,099.85 Limestone Base per TxDOT Std. Spec. Item No.247(1'Beyond E.O.P.) B1:5 ADD: Prime Coat(0.20 Gallons/SY) GAL 1089 $6.25 $6,806.25 B1:6 ADD:3"Type'D' HMAC SY 4908 $24.51 $120,295.08 B1:7 ADD: Reflective Pavement Markings LF 648 $0.84 $544.32 TY.1 (Y)(4")(SLD)(100 mil) B1:8 ADD: Reflective Pavement Markings LF 110 $0.84 $92.40 TY.1 (Y)(4")(BKN)(100 mil) B1:9 ADD: Reflective Pavement Markings LF 4664 $0.84 $3,917.76 TY.1 (W)(4")(SLD)(100 mil) 131:10 ADD: Raised Reflective Pavement EA 19 $8.96 $170.24 Markings(TYII-A-A)Yellow Sub Total: $332,474.30 ADDITIVE ALTERNATE NO.2 PART A2-GENERAL(ITEMS A2:1 THRU A2:2) No. Description Unit Qty Unit Price Ext Price A2:1 ADD: Mobilization LS 1 $4,900.00 $4,900.00 A2:2 ADD: Bonds and Insurance LS 1 $1,500.00 $1,500.00 Sub Total: $6,400.00 Report Created On:7/25/2018 4:16:37 PM PART E2-FLOW METERS(ITEMS E2:1 THRU E2:4) No. Description Unit Qty Unit Price Ext Price E2:1 ADD: Install Flow Meter at Four(4)Lift EA 4 $7,795.98 $31,183.92 Stations(Excludes Meter Cost) E2:2 ADD: Ultrasonic Flow Meter by Fuji EA 4 $6,951.42 $27,805.68 Electric,or Approved Equal E2:3 ADD:6'Diameter F/G Manhole EA 4 $9,504.58 $38,018.32 E2:4 ADD: Manhole Trench Safety EA 4 $250.00 $1,000.00 Sub Total: $98,007.92 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. © Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of [!�/B idder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: JHABORE CONST N COMPANY, INC. (typed or printed) By: L� (signature--attach evidence of authority to sign) Name: SARA A. MUILMAN (typed or printed) Title: PRESIDENT Business address: PO BOX 60089 CORPUS CHRISTI,TEXAS 78466 Phone: 361-852-8858 Email: SARA@JHABORESCONSTRUCTION.COM END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Laguna Shores Road Force Main Replacement—Project No.E10054 11-25-2013 00 30 05 Cita of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CIT�— PURCHASING DIVISIQN CITY OF CORPUS CHRISTI Cf of C� DISCLOSURE OF INTEREST n City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitlans. COMPANY NAME: JHABORES CONSTRUCTION COMPANY, INC. P.O.BOX: P.O. BOX 60089 STREET ADDRESS: 6349 LEOPARD ST CITY: CORPUS CHRISTI ZIP: 78466• FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association ® S. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age 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 i Board,Commission or Committee fill VA 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 City of Corpus Christi 00 30 OS-1 Disclosure of Interest w.woi-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: SARA A. MUILMAN Title: PRESIDENT (rypa or Prins) Signature of Certifying Date: -� f Person: dN l DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev Ol-1a-x016 MFG—CH E Y The Atate of texas 0surdam of Atafe CERTIFICATE OF INCORPORATION OF JHABORES CONSTRUCTION C0* 9 INC. CHARTER NUMBER 01311968 THE UNDERSIGNED9 AS SECRETARY OF STATE OF THE STATE OF TEXASt HEREBY CERTIFIES THAT THE ATTACHED ARTICLES OF INCORPORATION FOR THE ABOVE NAMED CORPORATION HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUND TO CONFORM TO LA* ACCORDINGLY, THE UNDERSIGNED: AS SECRETARY OF STATES AND BY VIRTUE OF THE AUTHOR TTY VESTED IN THE SECRETARY BY LAWS HEREBY ISSUES THIS CERTIFICATE OF INCORPORATION* ISSUANCE OF THIS CERTIFICATE OF INCORPORATION DOES NOT AUTHORIZE THE USE OF A CORPORATE NAhE IN THIS STATE IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER THE FEDERAL TRADEMARK ACT OF 1946. THE TEXAS TRADEMARK LAWS THE ASSUMED BUSINESS OR PROFESSIONAL NAME ACT OR THE COMMON LAW. DATED MAY 109 199xt EFFECTIVE hSAY 10g, 1994 l t` I 1%'\ Secretary of State CORPORATE RESOLUTION CERTIFICATE OF AUTHORITY I certify that the following is a true copy of a certain resolution of the Board of Directors of JHABORES CONSTRUCTION COMPANY, INC., a corporation duly organized and existing under the laws of TEXAS, having its principal place of business in TEXAS, duly adopted in accordance with the By-Laws and recorded in the minutes of a meeting of said Board on March 7th, 2017,and not subsequently rescinded or modified: RESOVLED: That SARA A. MUILMAN, as PRESIDENT, and GREGORY K. WORLEY, as VICE PRESIDENT, are hereby authorized to sign on behalf of JHABORES CONSTRUCTION COMPANY, INC., any contracts or forms. RESOLVED FURTHER: That SARA A. MUILMAN, as PRESIDENT and GREGORY K. WORLEY, as VICE PRESIDENT of JHABORES CONSTRUCTION COMPANY, INC., are hereby authorized to sign on behalf of the Corporation any checks, drafts, or other withdrawal orders, and transfers on its corporate checking account. I FUTHER CERTIFTY that I, SARA A. MUILMAN, am the PRESIDENT of said corporation, being duly qualified and now acting as such. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal,-of the-said corporation on this 25TH day of JULY,2018. (CORPORATE SEAL) MERCHANTSS BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) P.O. GOX 14498, DE5 MOINES. IOWA 50306-3198 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK Bond No. NIA KNOW ALL PERSONS BY THESE PRESENTS: That JHABORES CONSTRUCTION CO., INC. (hereinafter called the Principal) as Principal, and the Merchants Bonding Company(Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to CI'T'Y OF CORPUS CHRIST] (hereinafter called the Obligee) in the full and just sum of( 591a G.A.B. ) FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Signed and dated this 25TH day of JULY 2018 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT,PROJECT NO. E10054 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bondipe,Company(Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealea. Witness: JHABO CON/STRUC ION CO., INC. By Att t: Merchants Bonding Company(Mutual) By MARY ELL MOORS, ATTY IN FACT CON 0333(2195) a MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,Individually, Aaron Endris;Cathleen Hayles;Mary Ellen Moore;Rene'Goforth;Steve Addkison;Tricia Balolong their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. 'The President,Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 00*AZ10Nq� ANG Cp d• - ... LP0.9 •;�0•,� �'p , 1Q0,q 'Of9•• MERCHANTS BONDING COMPANY(MUTUAL) t� ,.•Ca '4A.-y; . MERCHANT NATIONAL BONDING,INC. j'. 2003 :.p :y, 1933 ��e; By '•,��'!=. .�'t1�••' '•,d'� .. ••'l�a�s• President STATE OF IOWA +•('/�""'•"''•• ••••"'•`• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hQ'µtA<S AUCIA K.GRAM v Commission Number 767430 0 1 , Z °°°` '' My Commission Expires rOwP April 1,2020 Notary Public (Expiration of rotary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-0E-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25TH day of JULY 2018 . •.•'A10Ng1' 01NG'. Cp4•. fj f .•''t1'..agPOlp ��'•. :`O�• RPO,9 '09'. 1933 Secretary U. 2003 :;>ri: . v `Y. POA 0018 (3/17) "" "'•`�• •�"``� 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project No. E10054 Bidder certifies that they have not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: JHABORES CQX§TRUCTION COMPANY, INC. (typed or printed) By: (signature--attach evidence-a—f evidence-a- authority to sign) Name: SARA A. M U I LMAN (typed or printed) Title: PRESIDENT Business address: P.O. BOX 60089 CORPUS CHRISTI, TEXAS 78466 Phone: 361-852-8858 Email: SARA@JHABORECONSTRUCTION.COM ENL} OF SECTION Non-Collusion Certification 003006-1 Laguna Shores Road Force Main Replacement—Project No. E10054 11-25-2013 Report Created On:7/25/2018 4:16:38 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Report Created On:7/25/2018 4:16:38 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E10054 Specifications 7/19/2018 11:25:39 AM Plans E10054 Plans 6/27/2018 8:10:09 AM Other E10054 Bidders Worksheet 6/27/2018 8:12:50 AM Bidders Pre-Bid Attendance Roster 7/10/2018 3:20:33 PM Table 1—Organization Information Organization doing business as: I MAX Underground Construction LLC Business Address of Principal Office P. O. Box 271106 Corpus Christi, TX 78427 (Mailing) Telephone No. 361-334-2832 Website Form of Business (check one) Pf Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Texas Date of Incorporation March,2012 Chief Executive Officer's Name President's Name Maximiliano Salinas Manuel Salinas Vice President's Name(s) Secretary's Name Diana Salinas Treasurer's Name Diana Salinas If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership NIA Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date NIA Indicators of Organization Size Average number of current full-time employees 30 Average estimate of revenue for the current year $8 Million Statement of Experience 0045 16-5 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: I MAX Underground Construction LLC Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 E15122--Creekview Drive Extension 2017 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 2010 EMR 0.75 Year 2015 EMR 0,77 Year 2014 EMR Q,$5 Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. No Statement of Experience 004516-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 2—Project Information Organization doing business as: MAX Underground Construction LLC Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Felipe Salinas Margaret Russo Superintendent Maximiliano Salinas Manuel Salinas Safety Manager Fernando Robledo Juan Robledo Quality Control Manager Margaret Russo Juan Robledo Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Directional Drilling TCH 18% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor N/A Year EMRI I Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-7 Laguna Shores Road Force Main Replacement--Project No. E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Mp}� Underground Construction LLC Project Information Project E13091 STAPLES ST FROM AL4MEOA TO MORGAN Description �UWm -�p,� provements for Staples Sl. Name Reference Contact Information Project Owner City of carpus Ch,isli Name/Title Chds Hale,Prajaal Manager Far City of Corpus Chnsll Telephone 361.826-3807 Email CHRISH6Qcctexas mm Project Designer Anthony Gavrk tar HOR Engineering Project Budget and Performance Original Final Contract #Contract # Days Contract Price R3.00,226 Price Sell under canstruelion Days 290 La t@ NIA Issues/Claims/ Litigation: Project Information Project Rancho V,=15 Description Onsite utilities,drainage,and paving for 18 AC—an subdivision Name Reference Contact Information Project Owner 9raselton Hames[ownerreque t-11act be lade through cngiaeer} Name/Title Telephone 36,-ase-3m, Email murfhourbaneng.cam Project Designer Murray Hudson.PE urban Enginccring Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,277,920 Price 51,277,970 Days 120 working day, Late IV,A Issues/Claims/ Litigation: Project Information Project NameDescription =.tL.q. Water,drainage,and stroels tar a 20 AC rural residential subdivision Reference Contact Information Project Owner Richard Vass(owner requests contact be made through engineer) Name/Title Telephone 361-834-3101 Email �urbanang cam turban Project Designer Eagene C(ChucR)urban,PE Project Budget and Performance Original Final Contract #Contract #Days Contract Price $1'216,034 Price $1.076,517 Days 120working days Late "!A Issues/Claims/ Litigation: Statement of Experience 004516-8 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: MA Underground ConshuctinntLC Project Information Project Description Name Oakdale Crossing$ubdvision 5 AC lasli subdivision with utilities,drainage.and asphalt paving Reference Contact Information Project Owner Jackie Homes LLC-ConlaUlhrough Engineer Name/Title Jackie Azali Telephone 361-946-4649 Email lUtOn(�,imunazeng.cam Project Designer Phomas Tiffin.Munoz Engineering Project Budget and Performance Original Final Contract #Contract # Day Contract Price $560,090 Price 5560,000 Days 90 Late= Issues/Claims/ Litigation: C Proiect Information Project Name Description Packery Poimn-Unities and drainage CMllraci hit stauon,utilities,and drainage for 5 AC commercial subdlvlslon Reference Contact information Project Owner rR0-Q Packary Point LP Conteot through engineer-361-954-3101 Name/Title Telephone x61954-s1o, Email Grean��r6aneg.opm Project Designer Eugene C(Chuck)urban,PE Project Budget and Performance Original Final Contract #Contract # Days Contract Price $6°g500 Price Days °0 Late H`A Issues/Claims/ Litigation: Prosect information Project Description Name River bend Ranch 1 --itefonsi'-utilities,drainage,and streets 1,17 ins suhdiv+sinn Reference Contact Information Project Owner Oso Rend Oavelopment Co. Name/Title John Wallace Telephone Contact through engineer-391-1154-3101 Email murth�u 6aneng.com Project Designer Murray Hudson,PE-Urban Engineering Project Budget and Performance Original Final Contract #Contract # Days Contract Price $2.3"6.369 Price $2,559,950 Days 160 Late MIA Issues/Claims/ Litigation: Statement of Experience 004516-9 Laguna Shores Road Force Main Replacement—Project No.E10054 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: MRX Underground CertstmclionL C Proiect Information Project NorthwesEcrossing 8 Description Name Onsde uoPdies,drainage arx7 slreeEs far 68 lot subdivision Reference Contact Information Project Owner Shaw oevwloprn nt Name/Title Jahn Wa11ae9 Telephone ConlaUthrough engineer-361-8543,01 Email murtngwnanengwm Project Designer Murray Hudson,PE-Urban Engineenng Project Budget and Performance Original Final Contract ntract #Days Contract Price $1,076517 Price $1.036,605 Days 14n Late M1A Issues/Claims/ Litigation: Proiect Information Project Name Creek View Extension Description Extension of lily sheet la McKinzie Rtl,including water anddsnsage Reference Contact Information Project Owner City of corpus Chest Name/Title Chris Bale,Project Manager for Cdyot Corpus Christi Telephone 361-526-3807 1 Email CHRISH5Qcctexas.com Project Designer Mlchelte Poll—.PE-Maverick EnglneeRrrg Project Budget and Performance Original Final Contract #Contract # Days Contract Price s306,702 Price $315,736 Days 60 Late A Issues/Claims/ Litigation: Project Information Project [Description Name Rancho Vista 14 Offsite RCB Imnk main lar 1ulure;udifilies,drainage,and atraels for 271ot subdivision Reference Contact Information Project Owner Braselton Homes(owner request contact be made through engineer) Name/Title Fred Brasellen Telephone 361-854-3101 Email murfh@urbaneng.com Project Designer Murray Hudson,PE-urban Enginee—g Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,002,900 Price $978,720 Days pp Late rain Issues/Claims/ Litigation: Projects prior to Rancho Vista 14 are listed in attachment: Statement of Experience Construction Experience Submittal for E10054-Laguna Shore Road FM Replacement 004516- 10 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. Yes. Received 6/412018 Details and remediation taken on attached sheet Agreed to uncontested disposition. Penalty of$2,000 paid. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. None Has the Bidder,within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. None V The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? Vies ❑ No 2 Does the Bidder conduct regular construction site safety inspections? tlfes ❑ No 3 Does the Bidder have an active construction safety training program? 6/Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No i/N/A B. Excavation --VYes ❑ No ❑ N/A C. Cranes& Hoists VYes ❑ No ii N/A D. Electrical ❑ Yes ❑ No V N/A Statement of Experience 004516- 11 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 7, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Construction Contract Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East GA Apron Phase III (Airport Capital Improvement Program) CAPTION: Ordinance to accept and appropriate Airport Grant #57 in Fund 3020; appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and authorizing a construction contract with SpawGlass Civil Construction of Corpus Christi, Texas in the amount of $7,221,798.15 for Base Bid and Alternates for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III projects. PURPOSE: The project rehabilitates and reconstructs sections of the Terminal Apron and of the East General Aviation (GA)Apron. BACKGROUND AND FINDINGS: The Terminal Apron and East GA Apron are areas of the airport where aircraft are parked, unloaded or loaded, refueled, or boarded. The Terminal Apron services commercial passenger airlines that access the main Terminal and the East GA Apron services additional aviation activities outside the terminal including the Signature Flight Support Fixed Based Operator (East FBO). The total pavement area of the two aprons is approximately 161,000 square yards (SY) Project No.:EI7112/E17113 (Page 1) IP/C7/LH Legistar No.:18-1060 Rev.1—08/28/18 with approximately 102,000 SY for the Terminal Apron and approximately 59,000 SY for the East General Aviation (East GA) Apron. The existing apron pavement is a combination of Portland Cement Concrete (PCC) and Hot-Mix- Asphalt-Concrete (HMAC) and is experiencing severe distress with cracking, rutting and concrete spalling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or prop wash. The pavement cracking allows water penetration into the base and subgrade accelerating structural degradation of pavement. The existing pavement was also not designed for the current heavier aircraft and equipment loads. The apron pavement improvements were planned in multiple construction phases. On November 7, 2017, City Council approved the construction contract award for Phase 2 to SpawGlass Civil Construction, Inc., which is currently under construction with plan completion in December 2018. The final phase of construction is planned to start in 2021. This project is an approved CCIA Capital Improvement Project as a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Project Scope: This construction contract provides for full reconstruction for two sections, one on the East GA Apron and one on the Terminal Apron, and for the additional areas of the Terminal Apron. The project was developed with two Base Bids (Option 1 for PCC and Option 2 for HMAC) each with respective additive alternatives. Bidders were allowed to submit a bid on either Option 1, or Option 2, or both options. Base Bid Option 1 (PCC) and the four(4) respective Additive Alternatives are summarized below: Base Bid 1 — Replace existing HMAC with PCC for approximately 5,700 SY of the Terminal Apron and approximately 12,000 SY of the East GA Apron. Rehabilitation consists of repairs for approximately 58,000 SY of the Terminal Apron. Full Reconstruction work includes new cement-treated base, and PCC pavement. Rehabilitation consists of full and partial depth repairs, joint replacement, crack repairs and other miscellaneous items. Additive Alternate No. 1 — Increased concrete expansion joints repair for approximately 8,000 LF, upgrade concrete joint repair to compressive concrete joint sealant in lieu of silicone concrete joint sealant (Base Bid) for approximately 65,000 LF. Additive Alternate No. 2 — Increase additional area of the full reconstruction on East GA Apron for an approximate 900 SY of existing HMAC pavement with PCC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 — Second increase of additional area of the full reconstruction on East GA Apron for approximately 900 SY of existing HMAC pavement with PCC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 4 — Upgrade concrete joint repairs to compressive concrete joint sealant in lieu of silicone concrete joint sealant (Base Bid) for approximately 12,000 SY of the East GA Apron PCC pavement. Project No.:E17112/E17113 (Page 2) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 Base Bid Option 2 (HMAC) and the three (3) respective Additive Alternatives are summarized below: Base Bid 2 — Replace existing HMAC with a new HMAC for approximately 5,700 SY of the General Aviation Apron and approximately 12,000 SY of the East GA Apron. Rehabilitation consists of repairs for approximately 58,000 SY of the Terminal Apron. Reconstruction work includes full reconstruction, new aggregate base, asphalt base and HMAC pavement. Rehabilitation consists of full and partial depth repairs, joint replacement, crack repairs and other miscellaneous items. Additive Alternate No. 1 — Repair concrete joint for approximately 8,000 LF and replace silicone concrete joint sealant with compression concrete joint sealant for approximately 65,000 LF. Additive Alternate No. 2 — Increase additional area of the full reconstruction on East GA Apron for an approximate 900 SY of existing HMAC pavement with new HMAC and associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 — Second increase of additional area of the full reconstruction on East GA Apron for approximately 900 SY of existing HMAC pavement with new HMAC and associated grading, pavement markings, and electrical improvements. On August 8, 2018 the City received proposals from only one (1) bidder, summarized below: BID SUMMARY SpawGlass *Engineer's Estimate Base Bid 1 $6,552,625.56 7,465,165 Additive Alternate 1 $234,793.50 Additive Alternate 2 $201,158.43 Additive Alternate 3 $205,100.66 Additive Alternate 4 $28,120.00 Total 7,221,798.15 7,465,165 No Bidders *Engineer's Estimate Base Bid 2 No Bid 7,465,165 Additive Alternate 1 No Bid Additive Alternate 2 No Bid Additive Alternate 3 No Bid Additive Alternate 4 No Bid Total N/A 7,119,255 *Government estimate (OPCC) includes Base Bid plus all additive alternates. Significant effort was made during the bid phase by the design engineer, Garver LLC, to contact approximately 50 construction contractors. A total of 28 general contractors and 22 subcontractors/manufacturers registered as plan holders on the City's CivCast project portal with at least three contractors expressing interest in bidding. Six contractors attended the pre-bid meeting. However, the City only received one construction proposal from the contractor (SpawGlass Civil Construction)that is currently working the previous phase of the CCIA East GA and Terminal Apron Reconstruction project. Project No.:E17112/E17113 (Page 3) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 After bid opening, the City staff and the Consultant Engineer analyzed the construction proposal and deemed that this bid is a fair and reasonable bid for the City with the following evidence: • The bidder is a reputable civil contractor and is currently working on working on CCIA East GA and Terminal Apron Reconstruction; • The bid was below the Engineer's Opinion of Probable Construction Cost (OPCC). Based on interviews with other contractors they did not bid for the following reasons: • One expressed concern meeting the FAA and City small disadvantaged business requirements on this project; • Another Contractor was concerned that they could not compete with the pricing from SpawGlass since they are currently working at the airport. The FAA is providing the airport with a federal grant (which is discretionary)within this fiscal year. Rebidding the project, which is Engineering Service's practice, would jeopardize awarding the construction contract within this fiscal year. The airport could potentially lose the federal grant. Rebid is not expected to result in additional bidders. Although the standard policy for a single bid is to re-bid the project, Staff and the design engineer recommend award based on the reasons provided above. Rebidding is not anticipated to result in additional bids or better prices. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: This construction project complies with FAA rules and regulations. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi International Airport Project No.:E17112/E17113 (Page 4) IP/C7/LH Legistar No.:18-1060 Rev. 1—08/28/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 9,152,696.00 9,152,696.00 Encumbered / 335,600.00 335,600.00 Expended Amount This item 7,221,798.15 7,221,798.15 Future Anticipated Expenditures This 1,595,297.85 1,595,297.85 Project BALANCE 1 0.00 0.00 Fund(s): CIP AV 06, 08 RECOMMENDATION: Staff and Garver, LLC. recommend awarding the construction contract, Bid Option One (1) plus Additive Alternates No. 1, 2, 3, and 4, to SpawGlass Civil Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Grant 57 Offer Project No.:EI7112/E17113 (Page 5) IP/C7/LH Legistar No.:18-1060 Rev.1—08/28/18 ORDINANCE TO ACCEPT AND APPROPRIATE AIRPORT GRANT #57 IN FUND 3020; APPROPRIATE AND TRANSFER $725,805 FROM FUND 4612 TO FUND 3018 AND AUTHORIZING A CONSTRUCTION CONTRACT WITH SPAWGLASS CIVIL CONSTRUCTION OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $7,221,798.15 FOR BASE BID AND ALTERNATES FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) REHABILITATE TERMINAL APRON PHASE II AND EAST GENERAL AVIATION APRON PHASE III PROJECTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $6,532,544 from Federal Aviation Administration Grant No. 3-48- 0051-057-2018 is accepted and appropriated in the No 3020 Airport Capital Improvement Fund. SECTION 2. The FY 2018 Operating Budget adopted by Ordinance No. 031255 is amended to increase revenues and expenditures in the amount of $725,805. SECTION 3. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to appropriate and transfer $725,805 from Fund 4612 Airport Unreserved Fund Balance to Fund 3018 Airport Capital Reserve. SECTION 4. The City Manager or designee is authorized to execute a construction contract with SpawGlass Civil Construction of the Corpus Christi International Airport for Base Bid Option 1 plus Additive Alternates No. 1, 2, 3, and 4 in the amount of $7,221 ,798.15 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase II and East General Aviation Apron Phase III project. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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 Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Everett Roy Lucy Rubio 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 Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Everett Roy Lucy Rubio Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED, this the day of 1201. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Corpus Christi International Airport East General Aviation, Phase 3 and Terminal Aron Reconstruction, Phase 2 Airport Capital Improvement Program PROJECT FUNDS AVAILABLE: Airport Grant(Federal Aviation Administration).............................................................. 7,261,134 Airport CIP............................................................................................................ 1,891,562 TOTAL FUNDS AVAILABLE 9,152,696 FUNDS REQUIRED: Construction Fees:..................................................................................................... 7,943,978 Construction (SpawGiass Civil Construction) THIS ITEM 7,221,798 Contingency(10%).......................................................................... 722,180 Desiqn, Construction Management &Testing Fees:......................................................... 846,128 A/E Design (Garver, LLC.)Task Order Nos. 8, 11, 12.............................. 335,600 Construction Management &Testing (Garver, LLC.)Task Order Nos. 14... 510,528 Contract Management, Reimbursements and Miscellaneous:............................................. 362,590 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).......... 144,436 Engineering Services(Project Mgt)..................................................... 216,654 Misc. (Printing, Advertising, etc.)........................................................ 1,500 TOTAL 9,152,696 ESTIMATED PROJECT BUDGET BALANCE 0 C�' N SCALE: N.T.S. NUECES RAVER NUECES BAY 181 �oF T p�TOti e 0R W N Q Z U SHIP QFM 0CORPUS CHRISTI F°a � LEOPARD U � a z 44 CORPUS CHRISTI PROJECT LOCATION 6 INTERNATIONAL AIRPORT 358 j M 9l 0 N N 2� 9 N CORPUS CH W ° 032 MQ'aRp� okrygR l a 00 TEXAS A6c UNIVERSI Off~ y0<<Y CORPUS y Q 358 2y O 4i Q� �ARgp°Gg3�0 M°�o<F O CABANISS y i OSO BAY FIELD � 43 O O� Q' 2 286 O`S ��O w F� O°j Q O� OJ 2444 owti LOCATION MAP NOT TO SCALE Project Number: E17112 and E17113,11 Corpus Christi International Airport CITY COUNCIL EXHIBIT Rehabilitate Terminal Apron Phase II and CITY OF CORPUS CHRISTI,TEXAS VAI East General Aviation Apron Phase III DEPARTMENT OF ENGINEERING SERVICES CCIA CORPUS CHRISTI INTERNATIONAL Corpus Chr sti AIRPORT Engineering Corpus Christi International Airport (CLIA) Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Council Presentation September 18, 2018 Project Location Corpus Chr sti Engineering NUECES BAY 181 N SCALE:N.T.S. o RAR SHIP CIWN �DpgRA CORPUS CHRIS➢ Ow ass _.T op6 CCIA EAST GA APRON 9y;` and TERMINAL APRON cc RECONSTRUCTION M� Ty p'A DC� raCi m``p 358 M RgTp, 3 �4D�t. CABAN�SS `M � Z FIELD 665 n3 Po 2 `OapUs Cy�S O m Project r x s Christ! onal Airport East GA Apron ina ron LEGEND Rehabilitation Reconstruction � a J - h asz 4 r I ii Project Vicinity Continued Corpus Ch,sti Engineering ECA t - ` Corpus Christi ` w ��� r u M International Airport _ �� .c'r rt •"" Additive Alternate 3 Additional Limits s.. - �,� --- Additive Alternate 2 Additional Limits East GA •` Apron Terminal - Terminal Y Apron Apron Additive Alternate 4 Limits - Terminal q Apron Additive Alters=e 1_im-ts LEGEND ® Rehabilitation Reconstruction Project Scope Corp*Ch, Engineering This is a joint FAA/City project with 90/10 construction cost sharing for full reconstruction of two pavement sections on the Terminal and East General Aviation (GA) Aprons with additional pavement rehab on the Terminal apron. A summary of the project is below: ➢ Bid with two Base Bids ✓ Base Bid 1 is for PCC (Recommended) ✓ Base Bid 2 for HMAC ➢ Full reconstruction of approximately 19,700 SY on Terminal Apron and GA Apron ➢ Pavement rehabilitation of approximately 58,000 SY on the Terminal Apron with full and partial depth repairs, crack repairs, and expansion joint rehab ➢ Minor electrical upgrades for airfield lighting and signage ➢ New pavement markings and miscellaneous improvements ❖ Although only one bid was received, it is recommended for award based on a determination of a fair and reasonable price under competitive pricing and it is not anticipated that rebidding will result in additional bids or lower price. The award delay may also jeopardize the joint funding from FAA. 0* Project Schedule w Corpus Ch,sti Engineering • / • J I A I S 1 O N I D J F M A M J J A Bid/ Construction Award Project Construction Estimate: 10 Months Projected Schedule reflects City Council award in September 2018 with anticipated completion in August 2019. Corpus ChrsU Engineering Questions? 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.Ga rve rU SA.co m August 16, 2018 Corpus Christi International Airport Attn: Mr. Fred Segundo 1000 International Drive Corpus Christi, Texas 78406 Re: Corpus Christi International Airport Rehabilitate Terminal Apron Phase II and East GA Apron Phase III Recommendation of Award Dear Mr. Segundo: Bids were received for the"Rehabilitate Terminal Apron Phase II and East GA Apron Phase III " project at Corpus Christi City Hall at 2:00 p.m. on August 8, 2018. The bids have been checked for accuracy and for compliance with the contract documents. A tabulation of the bids received is enclosed with this letter. The contract documents included two bid options (Bid Option 1 —Portland cement concrete, Bid Option 2—asphalt concrete hot mix) with each option having additive alternates. Although there were multiple plan holders and interest from three general contractors at the time of the pre-bid meeting, only one bid was received on this project. SpawGlass Civil Construction, Inc. submitted the low bid for the project in the amount of$7,221,798.15 for Bid Option 1 and did not submit on Bid Option 2. The Engineer's Opinion of Probable Cost was $7,465,165.00 for Bid Option 1 and $7,119,255.00 for Bid Option 2. We understand that because the bid received was less than the Engineer's Opinion of Probable Cost, the Federal Aviation Administration has waived the requirement for the City to submit a single bid authorization request. We believe that the bid submitted by SpawGlass Civil Construction, Inc. represents a good value for the Corpus Christi International Airport. Contingent upon Federal Aviation Administration approval of funding, we recommend that the construction contract for the "Rehabilitate Terminal Apron Phase II and East GA Apron Phase III" be awarded to SpawGlass Civil Construction, Inc. Please call me if you have any questions. Sincerely, GA ER, LLC osh Craw or , P.E. Project M In ger Attachments: Bid Tabulation Cc: Mario Tapia,Victor Gonzalez, Marcelino Sanchez, Eli Pena, Isaac Perez 3 -48 - 0051 -057-2018 ca �1 U.S.Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I—OFFER Date of offer AUG 28 2018 Airport/Planning Area Corpus Christi International AIP Grant Number 3-48-0051-057-2018 DUNS Number 782001259 TO: City of Corpus Christi (herein called the"Sponsor') FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS,the Sponsor has submitted to the FAA a Project Application dated August 9, 2018,for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport,which is included as part of this Grant Agreement; and WHEREAS,the FAA has approved a project for the Corpus Christi International Airport(herein called the "Project") consisting of the following: Rehabilitate Terminal Apron, Phase II (Construction);Rehabilitate Terminal Apron, Phase III (Design); Rehabilitate East GA Apron, Phase III (Construction); Rehabilitate East GA Apron, Phase IV(Design) which is more fully described in the Project Application. NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958,as amended and recodified,49 U.S.C. §40101,et seq.,and the former Airport and Airway Improvement Act of 1982(AAIA), as amended and recodified,49 U.S.C.§47101,et seq., (herein the AAIA grant statute is referred to as"the Act'),the representations contained in the Project Application,and in consideration of (a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer;and, (b)the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $6,532,244.00. 1 3-48 -0051-057-2018 The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment,which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C.§47108(b): $6,532,244.00 airport development. 2. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period of performance is 4 years(1,460 calendar days)from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance(2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all project closeout documentation and liquidate(pay off)all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR§200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs-Sponsor.Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs.The United States'share of allowable project costs will be made in accordance with the regulations, policies,and procedures of the Secretary. Final determination of the United States'share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Proiect Without Delav and in Conformance with Requirements.The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement,and the regulations,policies,and procedures of the Secretary. Per 2 CFR§200.308,the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months.The report must include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before,September 7, 2018 or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes,or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds.The Sponsor must return the recovered Federal share, including funds recovered by settlement,order,or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation,or other efforts taken to recover such funds.All settlements or other 2 3 -48 -0051-057-2018 final positions of the Sponsor,in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniurv.The United States is not responsible or liable for damage to property or injury to persons which may arise from,or be incident to,compliance with this grant agreement. 11. System for Award Management(SAM)Registration And Universal Identifier. A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant,or receives the final payment,whichever is later.This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term.Additional information about registration procedures may be found at the SAM website(currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone(currently 866-705-5771)or on the web(currently at http://fedgov.dnb.com/webform). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If,during the life of the project,the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or five percent(5%),whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply to the"planning"component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may suspend,cancel, or terminate this agreement. 15. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant.The Sponsor will include a provision implementing Buy American in every contract. 17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C.§47108(b),as amended,the maximum obligation of the United States,as stated in Condition No. 1 of this Grant Offer: 3 3 -48-0051-057-2018 A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 18. Suspension or Debarment.When entering into a"covered transaction" as defined by 2 CFR§180.200,the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS)as maintained within the System for Award Management(SAM)to determine if the non-federal entity is excluded or disqualified;or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating;or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR§180.330 when entering into lower-tier transactions (e.g.Sub-contracts). C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered transaction with an ineligible entity or(2)suspends or debars a contractor, person,or entity. 19. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving,October 1,2009,and DOT Order 3902.10,Text Messaging While Driving, December 30,2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for,or on behalf of,the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving;and b. Education,awareness,and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 20. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award,Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge(PFC)application that contains an approved PFC project also covered under this grant award.The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 21. Exhibit"A" Property Map.The Exhibit"A" Property Map dated May 18,2012,is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 22. Employee Protection from Reprisal. A. Prohibition of Reprisals- 4 3 -48 -0051-057-2018 1. In accordance with 41 U.S.C.§4712,an employee of a grantee or subgrantee may not be discharged,demoted,or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph(A)(2),information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety;or V. A violation of law, rule,or regulation related to a Federal grant. 2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is covered are as follows: L A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; V. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint—A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General(OIG)for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. §4712(b) 6. Assumption of Rights to Civil Remedy-Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General,the person submitting a complaint assumes the right to a civil remedy under4l U.S.C.§4712(c). 5 3 -48 -0051-057-2018 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter provided,and this Offer and Acceptance shall comprise a Grant Agreement,as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION INISTR TION Ben Guttery Manager, Texas Airports District Office 6 3 -48 -0051-057-2018 PART 11-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances,statements, representations,warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer,and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perju at the foregoing is true and correct.' Executed this _day o _ City of Corpus Christi (Name of Sponsor) (ignature g Sponsor's Authorized Official) By - �yy�,n,eXA�l � � n0 om of Sponsors Authorized Official) Title: h6w�w a4i A6wo- (Title of Sponsor's Authorized Official ff I I CERTIFICATE OF SPONSOR'S ATTORNEY I, I Zta 1 t 1 ° .acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws T of the State of I e-X Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition,for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Cr us-ch fi oca't n)this day of cQD 1© By. L i II (Signature of s onsor-s A ttomey) 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001(False Statements)and could subject you to fines, imprisonment,or both. 7 SC 0 v AGENDA MEMORANDUM �oAPd�pz�o First Reading Item for the City Council Meeting of September 18, 2018 x852 Second Reading Item for the City Council Meeting of September 25, 2018 DATE: August 27, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year Airline Use and Lease Agreement with American Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. PURPOSE: American, Southwest, and United Airlines currently operate out of Corpus Christi International Airport (CCIA). A signatory airline use and lease agreement (AULA) is required for and details the terms and conditions for operation at CCIA. In addition, the AULA provides specifics on responsibilities and calculations of the rates and charges to the airlines. BACKGROUND AND FINDINGS: The 2014 Airline Use and Lease Agreement First Amendment between the City of Corpus Christi/ Corpus Christi International Airport (CCIA) and American Airlines expired on September 30, 2017. Negotiations began in early January of 2017 with the expressed intent to have a new agreement in place by October 1, 2017. As a result of changes in some airline property managers, internal review processes and new terms and conditions, the finalization of an agreement was significantly delayed beyond September 30, 2017. The existing agreement has a "hold-over" provision that keeps operations going until a new agreement is executed. Negotiation sessions included Airport Senior Staff, City Attorney Staff along with Trillion Aviation ("Airport Team") and resulted in a successfully negotiated three-year agreement with the three airlines serving CCIA. The three-year agreement reflects several modifications and terms that will benefit CCIA over the next few years. Following is brief recap of the major provisions/revisions of the agreement: 1. Cost recovery financial model. Includes a rates and charges model so that the fees billed to the airlines are determined based on actual costs and not predetermined set rates. This ensures proper allocation collection from the airlines. 2. Residual terminal cost center. The methodology for determining rental rates ensures that vacant space is paid for by the airlines (e.g., an unused gate) and the cost is not borne by the airport. 3. Revenue share control. Annually, the airport director at his discretion determines how much non-airline revenue is shared with the airlines to apply towards the airline rates. 4. Term flexibility. Airport has set a term and option period structure that allows flexibility for the airport to modify or renegotiate the agreement if a new entrant's incentives expire and a different methodology needs to be considered. CCIA Staff continues to work on additional service level plans with current carriers and from potential new entrants. As the airline environment continues to evolve, CCIA will continue to explore terms and conditions that will benefit our community and customers. ALTERNATIVES: No viable alternatives exist at this time. OTHER CONSIDERATIONS: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $848,548 $848,548 Encumbered / -Expended Amount This item (additional revenue) $337,468 $337,468 BALANCE $1,186,016 $1,186,016 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of amendments to the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Southwest and American -Original Lease Agreements Ordinance authorizing a three-year airline use and lease agreement with American Airlines to be effective as of October 1, 2017, with one two-year option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a three-year signatory airline use and lease agreement with American Airlines, Inc., with one two-year option to extend, and the agreement is ratified to be effective for all intents and purposes as of October 1, 2017. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its intended purpose. 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 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 this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Signatory Airline Use and Lease Agreement For Corpus Christi International Airport BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND AMERICAN AIRLINES, INC. OCTOBER 1, 2017 TABLE OF CONTENTS ARTICLE1: DEFINITIONS ...................................................................................................................2 ARTICLE 2: EFFECTIVE DATE............................................................................................................7 ARTICLE3: TERM................................................................................................................................7 ARTICLE4: PREMISES .......................................................................................................................8 ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES...........................................................................................................................................9 ARTICLE 6: CAPITAL IMPROVEMENTS...........................................................................................19 ARTICLE 7: RENTALS, FEES, AND CHARGES................................................................................19 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES ...................................28 ARTICLE 9: SIGNATORY AIRLINE IMPROVEMENTS......................................................................30 ARTICLE 10: DAMAGE OR DESTRUCTION .....................................................................................31 ARTICLE 11: INDEMNIFICATION AND INSURANCE .......................................................................33 ARTICLE 12: TERMINATION BY CITY ..............................................................................................36 ARTICLE 13: TERMINATION BY SIGNATORY AIRLINE ..................................................................39 ARTICLE 14: SURRENDER OF SIGNATORY AIRLINE PREMISES.................................................40 ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS ....................................................40 ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES................................................................42 ARTICLE 17: GOVERNMENT INCLUSION........................................................................................43 ARTICLE 18: GENERAL PROVISIONS .............................................................................................45 LIST OF EXHIBITS A Airport Layout B Leased Premises C (Reserved) D Designation of Responsibilities for Operation and Maintenance E Monthly Statistical /Activity Report F (Reserved) G Rentals, Fees and Charges — Demonstrative Illustration Calculation Example THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, a municipal corporation and political subdivision of the state of Texas, hereinafter referred to as "City," and American Airlines, Inc., a corporation organized and existing under the laws of the state of Delaware and authorized to do business in the state of Texas, hereinafter referred to as "Signatory Airline." WHEREAS, City is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport"; WHEREAS, City is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, City has the right to lease and license the use of property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Signatory Airline is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and/or cargo; WHEREAS, Signatory Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and City is willing to grant and lease the same to Signatory Airline upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by City and the use and occupancy of Airport by Signatory Airline, and this Agreement is responsive to and in accordance with that intent; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Signatory Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: 1 ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Affiliate Airline means any Air Transportation Company that (i) operates flights under the designator code of a Signatory Airline, as designated in writing by Signatory Airline from time to time; (ii) operates under essentially the same trade name, or uses essentially the same livery, as Signatory Airline at the Airport; or (iii) is controlling, controlled by, or under common control with Signatory Airline. Designated Affiliate Airline shall have the rights afforded Signatory Airline without payment of any additional charges or premiums provided: (a) Signatory Airline remains a signatory to this Agreement; (b) Signatory Airline agrees and shall be obligated to serve as a financial guarantor for all rents, fees, and charges incurred by the Affiliate Airline on behalf of that particular Signatory Airline and that Signatory Airline has designated the Affiliate Airline to operate on its behalf at the Airport; and (c) the Affiliate Airline has executed an Operating Agreement with City. Agreement means this Signatory Airline Use and Lease Agreement between City and Signatory Airline, as the same may be amended or supplemented from time to time. Air Transportation Company means a company engaged in the business of scheduled or non-- scheduled commercial transportation by air of persons, property, mail, and/or cargo. Airfield means the runways, taxiways, taxilanes, Apron Area, and all other pavement used for the servicing and parking of aircraft and equipment. Airline Airport Affairs Committee (AAAC) means collectively the authorized representatives of each Signatory Airline which shall meet or conduct conference calls from time to time with representatives of the City to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. Airport means the Corpus Christi International Airport, owned and operated by the City, the boundaries of which are more particularly shown on Exhibit "A", attached hereto and made a part hereof, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by City, less any thereof which may be consumed, sold or otherwise disposed of. 2 Airport Requirement means, for any Fiscal Year, the City's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by passenger facility charges ("PFCs") and/or grants; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any City-owned or operated Airport-related facility payable by the City during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; (5) the amount, less grants, required to fund any eligible Capital Improvement on the Airport; and (6) any and all other sums, amounts, charges, or requirements of City related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under City's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1)through (6) that are (i) chargeable to a special facility, (ii) a direct charge to less than all Air Transportation Companies as a result of the terms of this Agreement, or (iii) incurred in connection with a tenant improvement. Apron Area means those parts of the aircraft parking area immediately adjacent to the Terminal, as designated by the City, that are used for the parking of aircraft and active ground service equipment, and the loading and unloading of aircraft as shown on Exhibit "B", attached hereto and made a part hereof. BIDS means the Baggage Information Display System. Bonds means any financing or debt instrument or obligation of the City issued for the purposes of improving the Airport. Capital Improvement means the Net Capital Cost to acquire, purchase or construct capital item(s) or project(s) for the purpose(s) of improving, maintaining, or developing the Airport including expenses for development, design, permitting, construction management, analysis, review or planning efforts with a cost greater than one hundred thousand dollars (>$100,000). Capital Improvements must be amortized over the useful life of the asset. 3 Debt Service means that portion of the principal and interest due on debt obligations created by the Master Bond Ordinance and all other Airport debt obligations. Deplaned Passenger means any passenger disembarking from an Air Transportation Company aircraft at the Terminal. Director means the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized by City or by the Director or applicable law to act for the Director with respect to any or all matters pertaining to this Agreement. Enplaned Passenger means any passenger boarding an Air Transportation Company aircraft at the Terminal. Exclusive Use Premises means those portions of the Terminal consisting of the airline ticket offices, operations space, and any baggage service office leased by Signatory Airline in the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have exclusive use. FAA means the Federal Aviation Administration, or its authorized successor(s). Fiscal Year means the annual accounting period of City for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of October of any year. Gate Use Fee means the per turn facility use charge assessed to an Air Transportation Company for the ad hoc use of a gate holdroom and associated Apron Area. This fee is not applicable for use by Signatory Airline of its leased gate holdroom(s) and associated Apron Area(s). Such fees shall be derived annually based on an airport wide metric of total gate holdroom space and Apron Area times the applicable rental rates and then divided by the total commercial passenger airline operations. Joint Use Premises means the areas in the Terminal consisting of the baggage claim, tug drive, and security check areas as shown on Exhibit "B" which all Signatory Airlines use and share in the cost per the Joint Use Charges Formula. Joint Use Charges Formula means that formula which prorates the total cost of Joint Use Premises among all Signatory Airlines based upon one hundred percent (100%) of each Signatory Airline's (and its Affiliate Airlines) proportionate share of Enplaned Passengers. 4 Leased Premises means collectively, Signatory Airline's leased Exclusive Use Premises, Preferential Use Premises and Joint Use Premises as shown on Exhibit "B". Master Bond Ordinance means City's master bond ordinance number 024163 or any successor master bond ordinance that authorizes City to issue bonds or other debt instruments for the benefit of the Airport. Maximum Gross Landed Weight means the maximum certificated gross landing weight, as stated in each Air Transportation Company's flight operations manual, at which each category of aircraft type operated at the Airport by each Air Transportation Company is certificated by the FAA. MUFIDS means Multi-User Flight Information Display System. Net Capital Cost means the aggregate cost of any Capital Improvement less amounts used from the proceeds of: (i) grants-in-aid; (ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) other financing by City for which the Debt Service will not be paid from Rentals, Fees, and Charges. Non-Signatory Airline means any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement and such Non-Signatory Airline shall pay one hundred twenty five percent (125%) of all applicable Rentals, Fees, and Charges. Operating Agreement means an agreement entered into by and between any designated Affiliate Airline, or any ground handling company acting on behalf of Signatory Airline, operating at the Airport and the City that shall define the operational and liability requirements between the parties consistent with the terms and conditions of this Agreement. Operation and Maintenance Expenses (or "O&M Expenses") means, for any Fiscal Year, the costs incurred by the City in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar, which under generally accepted accounting principles, are properly chargeable as expenses to the Airport, including expenses allocated to the Airport by the City in accordance with practices and procedures of the City in accordance with the adopted budget, as may be revised by the City, and taxes payable by the City, if 5 applicable, which may be lawfully imposed upon the Airport by entities other than the City. Preferential Use Premises means those portions of the Terminal consisting of the ticket counters and allocated queue space, the baggage make-up belt and support space, gate holdrooms, ground service equipment ("GSE") storage area, and Apron Area leased by Signatory Airline in or adjacent to the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have priority over all other users. Rentals, Fees, and Charges means the rentals, fees, and charges payable by Signatory Airline pursuant to Article 7. Revenue Landing means any scheduled aircraft landing by an Air Transportation Company at the Airport for which Air Transportation Company makes a charge orfor which revenue is derived for the transportation by air of persons, property, cargo or mail, but Revenue Landings shall not include Air Transportation Company's training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency or precaution. Revenues means income accrued by the City in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Airport or any part thereof, or the leasing or use thereof but specifically excluding: (a) non- operating income (and receipts) from the sale of assets or the amount from insurance claims, (b) federal, state or local grants-in-aid or reimbursements, and (c) PFCs. Signatory Airline means an Air Transportation Company that has executed this Agreement or a substantially similar agreement. Term means the period beginning on the Effective Date and, except as otherwise set forth herein, terminating on the date set forth in Article 3. Terminal means the airline passenger terminal building owned and operated by City at the Airport. Terminal Equipment means all equipment provided and maintained by the City that is used by the Signatory Airline in the processing of Enplaned Passengers and Deplaned Passengers. 6 Terminal Equipment includes MUFIDS, BIDS, baggage claim system, podium back wall screens, passenger loading bridges and gate baggage handling devices, supplemental power systems, and the public address system. The Terminal Equipment is subject to change during the Term of this Agreement. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. Singular means plural and vice versa, in context. ARTICLE 2: EFFECTIVE DATE 2.01 Effective Date. The Effective Date of this Agreement is October 1, 2017. 2.02 Termination of Prior Agreement. On the Effective Date, the Signatory Airline Use and Lease Agreement dated August 1, 2009, as amended, between Signatory Airline and City shall terminate. However, any terms, conditions or provisions specifically intended to survive the expiration or termination of that agreement shall continue in effect. ARTICLE 3: TERM 3.01. The Term of this Agreement begins on the Effective Date set forth in Article 2 and shall remain in effect for a period of three (3) years, terminating at 11:59 pm on September 30, 2020, subject to earlier termination as herein provided. 3.02. Upon expiration of the Term or the "extension period" under 3.03, if applicable, any occupancy of the Leased Premises by Signatory Airline will be considered a "holdover tenancy" and operate as a month-to-month tenancy under the same terms and conditions in this Agreement, except for Rentals, Fees and Charges. Unless the parties are engaged in good faith negotiations as reasonably determined by City, City shall have the right to establish and implement holdover Rentals, Fees, and Charges in accordance with FAA's "Policy Regarding Airport Rates and Charges", upon thirty calendar days written notice from the Director. 3.03. So long as Signatory Airline is not in default of any terms of this Agreement, the Term of this Agreement may be extended for one (1) two-year"extension period" from October 1, 2020 through September 30, 2022. To extend, the City first shall give written notice to Signatory Airline of City's intent to extend the Agreement no less than six (6) months prior to the expiration of the Term of this Agreement. If Signatory Airline is willing to extend, Signatory Airline will provide the City written notice of Signatory Airline's intent within thirty (30) calendar days from receipt of the City's notice of intent to 7 extend. Unless a majority of Signatory Airlines (majority, as measured both by number of Signatory Airlines and by total enplanements of the Signatory Airlines over the immediately preceding twelve month period from the written notice) specifically withhold concurrence to extend, this Agreement shall continue for the above designated extension period. If a majority of Signatory Airlines provide notice of intent to extend, but Signatory Airline does not provide prompt written notice of its intent to extend, then Signatory Airline will have no obligation to extend the Agreement and will continue as a holdover tenant on a month to month basis. Such Signatory Airline shall pay Rentals, Fees and Charges as a Non- Signatory Airline for the entire extension period. City shall provide written notification of the resulting Term extension, or lack thereof, to all Signatory Airlines. ARTICLE 4: PREMISES 4.01 Signatory Airline's Leased Premises. A. City does hereby lease and demise to Signatory Airline, and Signatory Airline does hereby lease and accept from City, the Leased Premises, as may be modified from time to time, as set forth in Exhibit "B". B. Any relocation or square footage changes to Signatory Airline's Exclusive Use Premises or Preferential Use Premises made by Signatory Airline after commencement of this Agreement requires the prior written approval of the Director. After approval, Signatory Airline will submit plans prior to the commencement of the change as well as "as-built" drawings following completion. Upon completion and acceptance by the Director, the changes shall be evidenced by an amendment to this Agreement with revised exhibits. C. In the event that changes to Exhibit "B" are made to reflect changes in the Leased Premises other than those contemplated in Section 4.01 B above, then revised exhibits may be substituted herein without the necessity for formal amendment of this Agreement. D. Terminal Equipment owned or acquired by City for use by Signatory Airline in Signatory Airline's Leased Premises shall be maintained by the City and remain the property and under the control of the City. The cost of providing and maintaining Terminal Equipment shall be included in the O&M Expenses. 4.02 Employee Parking. City will make available area(s) at the Airport, which location may be adjusted from time to time at the sole discretion of the Director, for vehicular parking for Signatory Airline's employees based at the Terminal; provided however, such area(s) shall not be used for the 8 storage of vehicles or trailers, or for parking when the employee is traveling for leisure. The City may establish and charge Signatory Airline a reasonable parking fee for all employee parking. Employee parking permits are for Signatory Airline's employees use only and are not transferable. 4.03 International Arrivals Facility. City has developed an international arrivals facility in the Terminal to be used by agencies of the United States Government, based upon demand, for the inspection of passengers and their baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. The gate holdroom area used for international passengers is used for domestic flights when not used for international arrivals. Any revenues collected for the international arrival uses of the gate holdroom area will be credited to the Terminal requirement in Article 7. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 Signatory Airline Rights and Privileges. Subject to the terms of this Agreement, Signatory Airline shall have the right to conduct Signatory Airline's air transportation business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A. The landing, taking off, flying over, taxiing, towing, and conditioning of Signatory Airline's aircraft and, in areas designated by City, the extended parking, servicing, loading or unloading, storage or maintenance of Signatory Airline's aircraft and support equipment subject to Sections 5.01.1', 5.01.G, and 5.02.C, subject to the availability of space, and to such reasonable charges and regulations as City may establish; provided, however, Signatory Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Signatory Airline which exceeds the load bearing design strength or capability of the Airfield as described in the then-current FAA- approved Airport Layout Plan ("ALP") or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual, except in emergencies affecting human life. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by Signatory Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of Signatory Airline's air transportation business; provided, however, said training and testing shall be 9 incidental to the use of the Airport in the operation by Signatory Airline of its air transportation business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The City reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of Signatory Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, Signatory Airline shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to Signatory Airline, (ii) an Air Transportation Company which is a wholly owned subsidiary or Affiliate Airline of Signatory Airline or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from Signatory Airline. Signatory Airline may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel, or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E. The purchase at the Airport or elsewhere, of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Section 5.01.D and to the City's right to require that each provider of services and/or supplies to Signatory Airline secures a permit from City to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by City. No discriminatory limitations or restrictions shall be imposed by City that interfere with such purchases; provided, however, nothing herein shall be construed to permit Signatory Airline to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Signatory Airline and City. F. The servicing by Signatory Airline or its suppliers of aircraft being utilized at the Airport by Signatory Airline at Signatory Airline's Preferential Use Premises or such other locations as may be designated by the Director. Servicing at the Preferential Use Premises shall be limited to light maintenance supporting active flights. Maintenance on aircraft for flights that have been cancelled due to mechanical reasons may, at the discretion of the Director, be required to be towed away from the Terminal to a location designated by the Director. G. The loading and unloading of persons, property, cargo, and mail by motor vehicles or other means of conveyance approved by City on Signatory Airline's Exclusive Use Premises and Preferential Use Premises or such other locations as may be designated by the Director. 10 H. The installation and maintenance, at Signatory Airline's expense, of identifying signs in Signatory Airline's Preferential Use Premises shall be subject to the prior written approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Signatory Airline's installation on the walls behind ticket counters identification and company logo signs as are customarily installed by Signatory Airline in such areas at comparable airport facilities. Signatory Airline shall not install any promotional signage in the Preferential Use Premises without the prior written consent of the Director. I. The installation, maintenance and operation, at no cost to City, of such radio communication, computer, meteorological and aerial navigation equipment and facilities in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as may be necessary for the operation of its air transportation business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director, which shall not be unreasonably withheld. City shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of Signatory Airline's Exclusive Use Premises or Preferential Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. City may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by City, other tenants, or governmental agencies. Upon abandonment or removal of any such system, Signatory Airline shall restore the Exclusive Use Premises or Preferential Use Premises or any other premises where the equipment is installed to its original condition, normal wear and tear excepted. J. Such rights of way as may reasonably be required by Signatory Airline for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not leased by Signatory Airline, subject to the availability of space and/or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays (or otherwise properly supported) and shall be in compliance with all applicable building codes. Communication cable and internal electrical wires are the responsibility of Signatory Airline from the demarcation point and electrical wiring is the responsibility of Signatory Airline from the metered source. K. Signatory Airline shall provide real time electronic flight arrival and departure information through the City-installed MUFID and BID systems or by any other method to which Signatory Airline and the City agree. 11 L. Signatory Airline shall have the right to use, in common with others so authorized, the public address system serving the Terminal. Signatory Airline shall not install, cause to be installed, or use any other public address system at the Terminal without the prior approval of City. The City reserves the right to establish a charge for the use of such system. M. The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self-ticketing machines in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as Signatory Airline may deem necessary or prudent for the operation of its air transportation business. Title to such personal property shall remain with Signatory Airline, subject to the provisions of this Agreement. N. Signatory Airline shall have the right to ingress to and egress from the Airport and Signatory Airline's Leased Premises for Signatory Airline's officers, employees, agents and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the City's right to establish rules and regulations governing (i) the general public, including Signatory Airline's passengers, and (ii) access to non- public areas at the Airport by Signatory Airline's employees, suppliers of materials and furnisher of services; provided, however, any such rules and regulations of the City shall not unreasonably interfere with the operation of Signatory Airline's air transportation business. Further, the City reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and as necessary, the City shall ensure the availability of a reasonably equivalent means of ingress and egress. The City will consult with Signatory Airline prior to any such closing which would adversely affect Signatory Airline's operations at the Airport unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. Signatory Airline hereby releases and discharges the City, its successors and assigns, from any and all claims, demands or causes of action which Signatory Airline may have arising from the fact that such areas have been closed. O. The rights and privileges granted to Signatory Airline pursuant to this Article 5 may be exercised on behalf of Signatory Airline by other Signatory Airlines, Affiliate Airlines, or contractors authorized by City to provide such services at the Airport, subject to the prior written approval of City and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. 12 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing Signatory Airline to conduct any business separate and apart from the conduct of its air transportation business at the Terminal. Signatory Airline shall not use or permit the use of any portion of Signatory Airline's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, food and beverages, products, services, or advertising that directly competes with an authorized Airport concession except for vending machines in Signatory Airline's Exclusive Use Premises not accessible to public and nothing contained herein is intended to or shall be construed to authorize or permit the Signatory Airline to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the City of concession fees. However, payment of a concession fee will not be required from Signatory Airline and approval of the Director will not be required when (i) an authorized ground handling company services Signatory Airline pursuant to this Agreement, or (ii) Signatory Airline provides complimentary light snacks and bottled water to its passengers at the Airport under the following terms and conditions: in the event of certain extraordinary irregular operations (1) where Signatory Airline has a designated flight "delay" program to provide complimentary light snacks and bottled water to its passengers, or (2) where the normal food and beverage concessionaire(s) operating in the Terminal on a regular basis is unable to provide food and beverage services, then Signatory Airline shall have the right to provide complimentary light snacks and bottled water to its passengers within the Signatory Airline's Preferential Use Premises. B. Signatory Airline shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Signatory Airline shall not engage in any activity prohibited by any future approved 14 CFR Part 150 program, or existing noise abatement procedures of FAA or as such may be amended from time to time, except in cases of emergencies or safety concerns. C. As soon as possible after release from proper authorities, Signatory Airline shall remove any of its disabled aircraft from the Airfield, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, 13 Signatory Airline shall be requested to remove such disabled aircraft from Signatory Airline's Preferential Use Premises only if deemed necessary in accordance with Article 16. In the event Signatory Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give Signatory Airline prior written notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. Signatory Airline shall pay to City, upon receipt of invoice, the costs incurred for such removal. D. Signatory Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Signatory Airline act, or failure to act, shall cause cancellation of any policy, then Signatory Airline shall immediately, upon notification by City, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Signatory Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the City's insurance premium for the Airport, Signatory Airline shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from City to do so and after a sixty (60) calendar day period for Signatory Airline to contest the increase. E. City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Signatory Airline's Preferential Use Premises or Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Signatory Airline's operations authorized hereunder or substantially diminish the square footage contained in Signatory Airline's Preferential Use Premises or Joint Use Premises. City may also, at its sole option, install pay telephones, facsimile machines, or other self-service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use Premises shall be with Signatory Airline's prior consent, which consent shall not unreasonably be withheld or delayed. City shall be entitled to all income generated by such telephones and devices and to reasonable access upon Signatory Airline's Preferential Use Premises to install or service such telephones and devices. City reserves the right to install such devices in Preferential Use Premises or Joint Use Premises provided the installation does not disrupt passenger access. City will not install any advertising on Signatory Airline's ticket counter backwall or holdroom gate podium backwall. 14 F. Signatory Airline must comply with, and require its officers and employees, contractors, and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by City including, but not limited to, health, safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by City. Signatory Airline will not do or authorize to be done anything that may interfere with the effectiveness of the drainage and sewage system, water system, communications system, fire protection system, or other part of the utility, electrical or other systems installed or located from time to time at the Airport. G. Signatory Airline must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director. If requested by City, Signatory Airline must restrict all such activities to certain hours established by the Director so as to not unreasonably interfere with scheduled flight activities of other Air Transportation Companies using the Airport. H. Signatory Airline must comply with all requirements of the Americans with Disabilities Act ("ADA"), as it may be amended, including without limitation paying for the cost of removing all of Signatory Airline's tenant improvement barriers within Signatory Airline's Exclusive Use Premises or Preferential Use Premises, necessary to gain access to the Signatory Airline's Exclusive Use Premises or Preferential Use Premises. I. Signatory Airline may use Terminal Equipment within Signatory Airline's Leased Premises. Signatory Airline shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, Signatory Airline shall indemnify the City from any and all claims for damages made against the City due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by Signatory Airline, its agents, employees, or officers. The City shall conduct maintenance on the Terminal Equipment so as to keep it in proper working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the City's responsibility. If damage is caused by Signatory Airline's negligence or inappropriate use of the Terminal Equipment, the City will repair or replace the Terminal Equipment and charge Signatory Airline for such repair or replacement. 15 J. The rights and privileges granted Signatory Airline pursuant to this Article 5.01 and Article 5.02 shall be subject to any and all reasonable rules and regulations established by City and to the provisions of Article 7. In case of a conflict between provisions of this Agreement and the Airport rules and regulations, the provisions of this Agreement shall prevail and control. K. Any and all rights and privileges not specifically granted to Signatory Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to City. 5.03 City's Operation and Maintenance Obligations. A. City shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation or repair shall be Signatory Airline's obligation pursuant to Exhibit "D", attached hereto and made a part hereof. B. City shall use reasonable efforts to keep the Airport and its aerial approaches free from ground obstruction for the safe and proper use thereof by Signatory Airline. C. City shall not be liable to Signatory Airline for temporary failure to furnish all or any of such services to be provided in accordance with Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of City. City shall use commercially reasonable efforts to i) ensure the good repair of the Airport and the services described in Exhibit "D"; and ii) eliminate a failure thereof in order to minimize the effect to Signatory Airline as soon as possible. D. City shall maintain Terminal Equipment, pursuant to Exhibit "D", and striping for ground service equipment locations at the Preferential Use Premises. 5.04 Signatory Airline's Operation and Maintenance Obligations. A. Signatory Airline shall, at all times and at its own expense, preserve and keep Signatory Airline's Exclusive Use Premises and Preferential Use Premises in an orderly, clean, neat and sanitary condition in accordance with Signatory Airline's obligations pursuant to Exhibit "D." 16 B. Signatory Airline shall maintain, at its own expense, its Exclusive Use Premises and Preferential Use Premises as free as possible of any release of fuel, oil and debris. Signatory Airline agrees to comply with all applicable environmental laws, rules, regulations, orders and/or permits applicable to Signatory Airline's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and/or disposal of hazardous or regulated substances (as such terms are defined under applicable law). Signatory Airline must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over Signatory Airline's operations on or near the Airport. If Signatory Airline determines at any time through any means that any threat of any potential harm to the environment, resulting from any release, discharge, spill, or deposit of any hazardous or regulated substance, has occurred or is occurring as a result of Signatory Airline's operations, which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Signatory Airline must provide notice as soon as reasonably possible by verbal report in person or by telephone, to be promptly confirmed in writing to, (1) the Director, (2) the Airport's Public Safety Office, and (3) emergency response centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report where required by law. Signatory Airline agrees to cooperate fully with the City in promptly responding to, reporting, and remedying any threat of potential harm to the environment, resulting from any release or threat of release of hazardous or regulated substance from Signatory Airline's operations into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Signatory Airline will undertake all required remediation and all costs associated therewith, resulting from Signatory Airline's action or inaction which is directly or indirectly responsible for any failure of the Signatory Airline to materially conform to all applicable environmental laws, rules, regulations, orders and/or permits. The rights and obligations set forth in this section survive the termination of this Agreement. C. Signatory Airline shall maintain the heating ventilation and air conditioning system from the supply point which is the point at which the supply enters the Signatory Airline's Exclusive Use Premises and continuing throughout the Signatory Airline's Exclusive Use Premises. Signatory Airline must maintain electric loads within the designed capacity of the Airport's electrical system. Signatory Airline shall maintain fixtures, equipment, and the interior non-structural portions of its 17 Exclusive Use Premises in good condition, normal wear and tear excepted and perform all ordinary repairs and inside painting of the Exclusive Use Premises. Such repairs and painting by Signatory Airline shall be of a quality similar to the original material and workmanship. D. Signatory Airline may dispose of routine daily trash in the City provided trash container without additional charge. However, Signatory Airline must dispose of non-routine daily trash, including without limitation, construction debris and other waste materials-including petroleum products, either directly or through an approved and permitted independent contractor. E. Signatory Airline will provide and maintain hand fire extinguishers for all Exclusive Use Premises in accordance with applicable safety codes. F. Signatory Airline will repair, at its cost, or at City's option reimburse City for the cost of repairing, replacing, or rebuilding any damages to Signatory Airline's Leased Premises caused by the acts or omissions of Signatory Airline, its sub lessee, or its or their respective officers, employees, agents, contractors, or business invitees, including without limitation customers.Any repairs made by Signatory Airline are subject to inspection and approval by City. G. Signatory Airline may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. Signatory Airline must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. City may remove any unauthorized material or displays that are placed on the Airport without the Director's prior written approval. H. Should Signatory Airline fail to perform its material obligations hereunder, the City shall have the right to enter the Signatory Airline's Leased Premises and perform such activities; provided, however, other than in a case of emergency, the City shall give to Signatory Airline reasonable advance written notice of non-compliance, a minimum of ten (10) calendar days, prior to the exercise of this right. If such right is exercised, Signatory Airline shall pay to the City, upon receipt of invoice, the cost of such services plus a fifteen percent (15%) administrative fee. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of City and Signatory Airline set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in Exhibit "D". 18 ARTICLE 6: CAPITAL IMPROVEMENTS 6.01 General. A. It is contemplated by the parties that from time to time during the Term of this Agreement, the City may undertake Capital Improvements to the Airport. B. In conjunction with submission of its annual budget, Director will notify Signatory Airline of its proposed Capital Improvements, including a sources and uses of funds plan for the ensuing Fiscal Year and City's estimates of the effect of such Capital Improvements on the Rentals, Fees, and Charges paid by Signatory Airlines. It is expressly acknowledged that Exclusive Use Premises are ineligible for certain funding sources, such as PFCs, and as such that any Capital Improvement costs impacting the Exclusive Use Premises will be funded through Rentals, Fees, and Charges paid by Signatory Airlines. C. The City agrees, at the written request of the AAAC, to meet collectively or conduct a conference call with the Signatory Airlines within thirty (30) calendar days after notification to Signatory Airline of said annual budget to further discuss the Capital Improvements. City agrees to consider the comments and recommendations of the AAAC with respect to said Capital Improvements. 6.02 Grants-In-Aid. City will use its best efforts to obtain maximum development grants-in-aid federal funding. ARTICLE 7: RENTALS, FEES, AND CHARGES Signatory Airline shall pay City rentals for use of Signatory Airline's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement ("Rentals, Fees, and Charges"). For each Fiscal Year, the Rentals, Fees, and Charges payable by all Signatory Airlines and their designated Affiliate Airlines for the Airfield, Apron Area, and Terminal shall be calculated as set forth below. Exhibit "G", attached hereto and made a part hereof, provides a demonstrative illustration example of the Rentals, Fees and Charges calculations as described further in Article 7. The City shall notify the Signatory Airlines for each Fiscal Year of the actual Rentals, Fees, and Charges pursuant to Article 8. 19 7.01 Landing Fees. Signatory Airline shall pay to City fees for Revenue Landings at the Airport. Signatory Airlines' landing fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Airfield, excluding the Apron Area and designated GSE storage area, minus any adjustments due to allocated credits (e.g., Non-Signatory Airlines' landing fees) and Airport discretionary revenue applied. These landing fees will be determined as the product of the associated landing fee rate and all Signatory Airlines' total landed weight. A Signatory Airline's total landed weight shall be determined as the resulting product of the Maximum Gross Landed Weight of each Signatory Airline's landing aircraft times the number of Revenue Landings of each of Signatory Airline's aircraft. 7.02 Terminal Rentals. Signatory Airline shall pay to City rentals for Terminal use at the Airport. Signatory Airlines' Terminal rentals shall be calculated to include all allocated portions of the Airport Requirement associated with the Terminal minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at a Terminal requirement. The Terminal requirement will be divided by the square footage of all Signatory Airlines' Leased Premises to determine the Terminal rental rate. Each Signatory Airline's Terminal rentals are a) product of the square footage of its Exclusive Use Premises and Preferential Use Premises times the Terminal rental rate, plus b) the quotient of the total Terminal revenue due associated with the Joint Use Premises divided by its proportionate share per the Joint Use Charges Formula. 7.03 Apron Area Fees. Signatory Airline shall pay to City fees for Apron Area use at the Airport. Signatory Airlines' Apron Area fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Apron Area minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at an Apron Area requirement. Each Signatory Airline's Apron Area fees are the product of the square footage of its leased Apron Area times the Apron Area rate. 7.04 GSE Storage Area Charges. Signatory Airline shall pay to City charges for GSE storage area use at the Airport. Signatory Airline shall have a designated area at which it may park"non-active" ground service equipment. The GSE storage area charges shall be based on the same per square foot rate as the Apron Area rate. Each Signatory Airline's GSE storage area charges are the product of its leased GSE storage area times the Apron Area rate. The GSE storage area is represented on Exhibit «B" 7.05 Gate Use Fees. Signatory Airline shall pay to City fees for each ad hoc use of a gate that is not preferentially leased by Signatory Airline. Signatory Airline shall report on a monthly basis its total gate uses for the previous month. 20 7.06 Other Fees and Charges. A. City expressly reserves the right to assess and collect the following: (1) Signatory Airline must report to City all charter flights handled or operated by Signatory Airline as follows: (i) if the charter flight is handled by Signatory Airline with its own aircraft or the aircraft of a designated Affiliate Airline in Signatory Airline's Leased Premises, Signatory Airline will pay the Signatory landing fees, Apron Area fees, and Terminal rentals for Joint Use Premises; (ii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline (on its own behalf and not on behalf of the Signatory Airline) and is handled in Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the charter activity and the Non-Signatory Airline must pay the Non-Signatory Airline Terminal rentals for the Joint Use Premises; or (iii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline and handled outside Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the activity to City and the Non-Signatory Airline must pay the Non-Signatory Airline Rentals, Fees, and Charges as established by the City, subject to adjustment from time to time. (2) Reasonable and non-discriminatory fees and charges for services or facilities not enumerated in this Agreement, but provided by City including, but not limited to, Federal Inspection Services ("FIS") fee, Airport based employee vehicle parking fees, non-airport based employee/contractor parking fees, remote aircraft parking fees, security badging fees, excess GSE parking fees, security fees, and any other fee that may be adopted to recover costs as a result of the requirement to remain compliant with FAA, Department of Homeland Security, or any other governmental body that has jurisdiction over the Airport requirements. B. City reserves the right to charge Signatory Airline, its employees or contractors, a reasonable fee for identification badges provided at the Airport. C. Signatory Airline shall pay charges for other services or facilities requested by Signatory Airline and provided by City to Signatory Airline. Such services or facilities may include, but are not limited to, special maintenance of Signatory Airline's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director. 21 D. Signatory Airline shall pay the required fees for all permits and licenses necessary for the conduct of Signatory Airline's air transportation business at the Airport. Signatory Airline shall pay all electricity, gas, and water and sewerage fees and charges for its Leased Premises, if separately metered. Signatory Airline shall also pay all taxes, assessments, and charges which, during the Term of this Agreement, may become a lien or which may be levied by the state, county, or any other tax levying body, upon any taxable interest by Signatory Airline acquired in this Agreement, or any taxable possessory right which Signatory Airline may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and/or charges on taxable property, real or personal, owned by Signatory Airline in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro-ration by Signatory Airline forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and issuance of statement. However, Signatory Airline shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by Signatory Airline to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.07 Payments. A. Payments of one-twelfth (1/12) of the total annual rentals for Signatory Airline's Exclusive Use Premises and Preferential Use Premises (7.02, 7.03, and 7.04) shall be due in advance, without demand, on the first calendar day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (15th) calendar day of the month. B. Signatory Airline's landing weights activity, enplanements, and non-leased gate turns shall be reported on or before the tenth (10th) calendar day of each month following activity. City will provide Signatory Airline with an invoice within five (5) calendar days following receipt of the activity report, and payment of fees for Landing Fees (7.01), Joint Use Premises rentals (7.02) and Gate Use Fees (7.05) is due on the thirtieth (30th) calendar day of each month following the month in which such activity occurs. Said fees shall be deemed delinquent if payment is not received on the date due. C. [Reserved] D. Payment for all other fees and charges due hereunder that are subject to invoice shall be due to City within thirty (30) calendar days of the date of such invoice. 22 E. City shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the City's estimates of activity pursuant to Section 7.07.F below or due to an audit performed pursuant to Section 7.08.D.; provided however, interest at the lower of one and one-half percent (1 '/2 %) per month, or the highest rate allowable by applicable state law, shall accrue against any and all delinquent payments from the date due until the date payments are received by City. This provision shall not preclude City from terminating this Agreement for default in the payment of Rentals, Fees or Charges, as provided for in Section 12.03, or from exercising any other rights contained herein or provided by law. F. In the event Signatory Airline fails to submit its monthly activity report as required, City shall estimate the Rentals, Fees, and Charges based upon the greater of one hundred twenty- five percent (125%) of the previous month's activity or the same month's prior year activity reported by Signatory Airline and issue an invoice to Signatory Airline for same. If no activity data is available, City shall reasonably estimate such activity and invoice Signatory Airline for same. Signatory Airline shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable. If such estimate results in an overpayment by Signatory Airline, City shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from Signatory Airline; provided, however, Signatory Airline shall not be entitled to any credit for interest on payments of such estimated amounts. G. In the event Signatory Airline's obligations with respect to Signatory Airline's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last calendar day of the month, Signatory Airline's Rentals, Fees, and Charges shall be prorated on the basis of the number of calendar days such premises, facilities, rights, licenses, services, or privileges were enjoyed during that month. H. All payments due and payable hereunder shall be paid in lawful money of the United States of America, without set off, by electronic funds transfer or by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Division 1000 International Drive Corpus Christi, TX 78406 23 7.08 Information to be Supplied by Signatory Airline. A. Not later than ten (10) calendar days after the end of each month, Signatory Airline shall file with the City a written report in the format as set forth in Exhibit "E" for activity conducted by Signatory Airline and its designated Affiliate Airline(s) during said month and for activity handled by Signatory Airline for other Air Transportation Companies not having a Signatory Agreement with City providing for its own submission of activity data to City. B. City shall have the right to rely on said activity reports in determining Rentals, Fees, and Charges due hereunder; provided, however, Signatory Airline shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Section 7.07.E. C. Signatory Airline shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Section 7.07. Such records shall be retained by Signatory Airline for a period of three (3) years subsequent to the activities reported therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas, for audit and/or examination by City or its authorized representative during normal business hours. Signatory Airline shall produce such books and records at Corpus Christi, Texas, within thirty (30) calendar days of written notice to do so or pay all reasonable expenses including, but not limited to, transportation, food and lodging necessary for an auditor selected by City to audit said books and records at a place selected by Signatory Airline. D. The cost of audit, with the exception of the aforementioned expenses, shall be borne by City as O&M Expenses; provided however, the total cost of said audit shall be borne by Signatory Airline if either of the following conditions exist: (1) The audit reveals an underpayment of more than ten percent (10%) of Rentals, Fees, and Charges due hereunder, as determined by said audit; or (2) Signatory Airline has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Section 7.08.C. 24 7.09 Security for Payment. A. Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 of this Agreement, if this Agreement had been in effect during that period, Signatory Airline shall provide City on the Effective Date of this Agreement with a contract bond, irrevocable letter of credit or other similar security acceptable to City ("Contract Security") in an amount equal to the estimate of three (3) months' Rentals, Fees, and Charges payable by Signatory Airline pursuant to this Article 7, to guarantee the faithful performance by Signatory Airline of its obligations under this Agreement and the payment of all Rentals, Fees, and Charges due hereunder. Signatory Airline shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period Signatory Airline commits no event enumerated in Section 12.01 of this Agreement. In the event the City draws from the Contract Security during the eighteen (18) month period due to past due payments due from Signatory Airline to the City, Signatory Airline shall replenish such amount within five (5) business days upon written notice. Such Contract Security shall be in a form and with a company reasonably acceptable to City. In the event that any such Contract Security shall be for a period less than the full period required by this Section 7.09.A. or if Contract Security shall be canceled, Signatory Airline shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) calendar days prior to the date of such expiration or cancellation. B. Notwithstanding the above Section 7.09.A, City shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by City shall be conditioned upon said Signatory Airline having provided regularly scheduled flights at three (3) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period without committing any material default under the terms of the respective lease and use agreements at each of the three (3) facilities and without any history of untimely payments for rentals, fees and charges. The burden shall be on Signatory Airline to demonstrate to the City its compliance with these requirements by providing written documentation from three (3) other airports selected by City. C. If Signatory Airline is delinquent in any debt due to the City for a period greater than ninety (90) calendar days or delinquent twice over a period of six (6) months, the City shall impose or re-impose the requirements of Section 7.09.A on Signatory Airline. 25 D. Upon the occurrence of any Signatory Airline act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules and Regulations, as such may be amended, supplemented, or replaced, City, by written notice to Signatory Airline given at any time within ninety (90) calendar days of the date such event becomes known to City, may impose or reimpose the requirements of Section 7.09.A on Signatory Airline. In such event, Signatory Airline shall provide City with the required Contract Security within ten (10) calendar days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which Signatory Airline commits no additional event enumerated in Section 12.01. E. If Signatory Airline fails to obtain and/or keep in force such Contract Security required hereunder, such failure is grounds for immediate termination of this Agreement pursuant to Section 12.01. City's rights under this Section 7.09 shall be in addition to all other rights and remedies provided to City under this Agreement. 7.10 Passenger Facility Charge. A. Signatory Airline acknowledges City has the right to assess Signatory Airline's enplaned passengers a PFC for the use of the Airport in accordance with 49 U.S.C. §40117 and the rules and regulations thereunder (14 CFR Part 158, the "PFC Regulations") and as otherwise hereinafter authorized or permitted. Signatory Airline shall collect on behalf of and remit to City any such charges in accordance with the requirements of the PFC Regulations including, but not limited to, holding any charges collected by Signatory Airline, pending remittance to City, in trust for the benefit of City. City shall have the right to use all such PFC revenue collected in any lawful manner. B. Signatory Airline and City shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to each party. C. If Signatory Airline fails to remit PFC revenue to City within the time limits established by the PFC Regulations (no later than the last calendar day of the following calendar month), Signatory Airline shall be deemed to be in default pursuant to Section 12.01. Any late payment of PFCs shall be subject to interest computed in accordance with Section 7.07. 7.11 Capitalized Interest on Bonds. Bonds issued by the City will provide for the capitalization of interest, by project, during the construction period for each respective project; and the City intends for 26 Debt Service on Bonds to be capitalized until substantial completion of projects financed, in part, from the proceeds of Bonds; provided however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to substantial completion of projects, the Debt Service will be allocated to cost centers in the same manner as the related project costs (net of any PFC funding) are allocated to cost centers. 7.12 Continuation of Rentals. If Signatory Airline ceases service at the Airport prior to the end of the Term of the Agreement or extension thereof as provided for in Section 13.01, Signatory Airline will continue to pay rentals on Exclusive Use Premises and Preferential Use Premises until the end of the Term of the Agreement or extension thereof. However, in no event shall the annual amount due from Signatory Airline be less than the dollar equivalent of twenty percent (20%) of the total Joint Use Premises rentals divided by the total number of Signatory Airlines immediately prior to the time Signatory Airline ceases service at the Airport. 7.13 Charges for Services. The provisions contained in Article 7 shall not preclude the City from seeking reimbursement from Signatory Airline or any Air Transportation Company for the cost of services provided to Signatory Airline or any Air Transportation Company in compliance with any federal law, rule or regulation which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals, Fees, and Charges under this Agreement. 7.14 Extraordinary Coverage. Signatory Airline shall pay extraordinary coverage protection payments in the rates for Rentals, Fees, and Charges at the Airport in any Fiscal Year in which the amount of Revenues less O&M Expenses is projected to be less than the minimum coverage required on Debt Service as may be required by the covenants, including any Debt Service on general obligation debt held by the City on behalf of the Airport. Any amounts which must be collected for such extraordinary coverage protection payments will be allocated to the Airfield and Terminal on the basis of the net requirement of such cost centers' requirements. 7.15 No Further Charges. Except as stated in this Article 7 or as detailed elsewhere in this Agreement, no further Rentals, Fees and Charges shall be charged by the City to Signatory Airline, for the use of Signatory Airline's Leased Premises and the rights, licenses, and privileges granted to Signatory Airline; provided however, nothing shall preclude the City from imposing fees for additional uses, equipment, facilities and services, or from imposing fines, penalties, and assessments for the enforcement of City's rules and regulations. 27 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A. Except for the initial Fiscal Year of this Agreement, no later than sixty (60) calendar days prior to the end of each Fiscal Year, City shall notify Signatory Airline of the proposed schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. Said rates shall be calculated in accordance with and pursuant to Article 7. For the initial Fiscal Year, the Rentals, Fees and Charges will be provided to Signatory Airline in writing within two weeks of City's execution of this Agreement. B. The Signatory Airlines, through the AAAC, shall have the right to review and comment upon the proposed operating budget and annual Capital Improvement projects. No later than thirty (30) calendar days after the forwarding of the proposed schedule of rates for Rentals, Fees, and Charges, the City agrees to meet or arrange a conference call with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees, and Charges. In advance of that meeting/call, the City shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. The City agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. C. Following that meeting/call, the City shall notify Signatory Airline of the rates for Rentals, Fees and Charges to be established for the ensuing Fiscal Year. D. If calculation of the new rates for Rentals, Fees, and Charges is not completed by the City and the notice provided in Section 8.01.0 is not given prior to the end of the then current Fiscal Year, Signatory Airline will be provided written notice that rates for Rentals, Fees, and Charges then in effect shall continue to be paid by Signatory Airline until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, City shall determine the differences, if any, between the actual Rentals, Fees, and Charges paid by Signatory Airline to date for the then current Fiscal Year and the rates for Rentals, Fees, and Charges that would have been paid by Signatory Airline if said rates had been in effect beginning on the first calendar day of the Fiscal Year. Those differences shall be applied to the particular Rentals, Fees, and Charges for which any differences in rates resulted in an overpayment or underpayment and shall be remitted by Signatory Airline or credited or refunded by the City in the month immediately following the calculation of the new Fiscal Year's rates for Rentals, Fees, 28 and Charges. 8.02 Other Rate Changes. Rates for Rentals, Fees, and Charges may be changed up to once per Fiscal Year at any time that unaudited monthly Airport financial data indicates that total Rentals, Fees, and Charges payable pursuant to the then current rate schedules are estimated and anticipated by the City to vary by more than ten percent (10%) from the total Rentals, Fees, and Charges that would be payable based upon the use of the projected monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance, which is available in the Airport Administration offices for review; provided, however, that Signatory Airlines' total Rentals, Fees, and Charges payable to the City shall be allocated to Signatory Airline in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges also may be changed within thirty (30) calendar days following consultation with the AAAC. 8.03 Incorporation of Exhibit "G". Adjustments to rates for Rentals, Fees, and Charges pursuant to Article 7 shall apply without the necessity of formal amendment of this Agreement. Exhibit "G" is an illustration only of how the Rentals, Fees, and Charges are calculated and represents a snapshot example of how the rate model operates. Exhibit "G" is not a formal forecast of budget or actual activity, operating and capital expenses, capital plans, or Airport discretionary revenue credits. 8.04 Reconciliation. Within one hundred eighty (180) calendar days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, Rentals, Fees, and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." If the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year is in excess of the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, Signatory Airlines shall be provided a credit in the amount of such excess, in coordination with each Signatory Airline, in the immediately succeeding monthly payment periods against the amounts owed by the Signatory Airlines to the City until such credit is exhausted. If Signatory Airline has ceased operations at the Airport and if no longer obligated to pay any amounts pursuant to Section 7.12, then City shall remit any remaining credit to Signatory Airline. If the actual Rentals, Fees, and Charges paid by Signatory Airlines during the preceding Fiscal Year is less than the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, the City shall invoice the Signatory Airlines for any such deficit, and the Signatory Airlines shall pay City such deficit within thirty (30) calendar days from the date of an invoice from City. Notwithstanding the foregoing, City retains the right of offset in the event any Signatory Airline has an outstanding amount due to City that is not in formal dispute. 29 8.05 City Covenants. A. The City covenants that for purposes of assigning and allocating costs, it shall adhere to the requirements of the FAA's "Policy Regarding Airport Rates and Charges", as amended. B. The City shall operate the Airport in the same manner as a reasonably prudent airport operator of an airport of substantially similar size, use and activity as the Airport and in a manner so as to produce revenues from concessionaires, tenants and other users of the Airport of a nature and amount which would be produced by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 Signatory Airline Improvements. A. In accordance with Section 9.01.E below, Signatory Airline may construct and install, at Signatory Airline's sole expense, improvements in its Exclusive Use Premises and Preferential Use Premises as Signatory Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advance written approval of the Director; provided further, that no reduction or abatement of Rentals, Fees, and Charges shall be allowed due to any interference with Signatory Airline's operations by such construction. B. Prior to the commencement of any improvements greater than twenty five thousand dollars ($25,000), the City shall have the right to require Signatory Airline to obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by Signatory Airline for the improvements. Said contract security bond shall name the City as an obligee thereunder and shall be drawn in a form and issued by such company acceptable to City; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; and shall protect City against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. City reserves the right also to require that Signatory Airline acquires or causes to be acquired a payment bond with any contractors of Signatory Airline as principal, in a sum equal to the full amount of the construction contract awarded by Signatory Airline for the improvements. Said bond shall name the City as an obligee thereunder and shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said construction contract. Any work associated with such construction or installation shall not 30 unreasonably interfere with the operation of the Airport or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction and within sixty (60) calendar days of Signatory Airline's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of the City. C. Signatory Airline shall furnish or require contractors to furnish satisfactory evidence of statutory workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance on a builder's risk form with the interest of City endorsed thereon in such amounts and in such manner as City may reasonably require. City may require additional insurance for any alterations or improvements approved hereunder in such limits as City reasonably determines to be necessary. D. Any construction or installation by or on behalf of Signatory Airline shall be at the sole risk of Signatory Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director and all other applicable inspectors. E. All improvements made to Signatory Airline's Exclusive Use Premises and Preferential Use Premises and additions and alterations thereto made by Signatory Airline, except those financed by City, shall be and remain the property of Signatory Airline until expiration of the Term of this Agreement. Upon termination of this Agreement, said improvements, additions and alterations shall become the property of City; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of Signatory Airline not permanently affixed to Signatory Airline's Exclusive Use Premises and Preferential Use Premises shall remain the property of Signatory Airline, subject to the terms of Article 14. ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be partially damaged by fire or other casualty other than that caused by Signatory Airline, but said circumstances do not render Signatory Airline's Leased Premises untenable as reasonably determined by the City, the same shall be repaired to usable condition with due diligence by the City, or by Signatory Airline if agreed to by both parties, as hereinafter provided and limited. No abatement of rentals shall accrue to Signatory Airline so long as Signatory Airline's Leased Premises remain tenantable. Any partial damage caused by Signatory Airline shall be repaired by the City to similar conditions existing prior to the partial damage, and the cost of such repair shall be invoiced directly to Signatory Airline and is due and 31 payable within thirty (30) calendar days from the date of an invoice from City. 10.02 Substantial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be so extensively damaged by fire or other casualty, other than that caused by Signatory Airline, as to render any portion of Signatory Airline's Leased Premises untenable but capable of being repaired, as reasonably determined by City, the same shall be repaired within a reasonable period to usable condition with due diligence by City as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to affected Signatory Airline Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to the total Leased Premises until such time as such affected Signatory Airline's Leased Premises shall be restored adequately for use. City shall use "commercially reasonable" efforts to provide Signatory Airline with comparable alternate facilities to continue its operation while repairs are being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. Any substantial damage caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. 10.03 Destruction. A. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of Signatory Airline's Leased Premises incapable of being repaired within ninety (90) calendar days, as reasonably determined by the City, the City shall notify Signatory Airline of its decision whether to reconstruct or replace said space; provided, however, the City shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to the Signatory Airline's affected Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Signatory Airline. If this occurs, Signatory Airline may terminate the letting of Signatory Airline's Leased Premises, effective as of the date of written notice to the City. Any destruction caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. B. In the event the City elects to reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall provide Signatory Airline with comparable alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not 32 to exceed that provided for in this Agreement for comparable space. C. In the event the City elects to not reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall meet and consult with Signatory Airline on ways and means to permanently provide Signatory Airline with adequate replacement space for the Signatory Airline's affected Leased Premises. In such event, the City agrees to amend this Agreement to reflect related additions and deletions to Signatory Airline's Leased Premises. Signatory Airline is not bound to accept the replacement space and may terminate this Agreement, as described in Section 10.03.A as above. 10.04 Damage Caused By Signatory Airline. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful act or omission of Signatory Airline, its employees, contractors, its agents, or licensees, Signatory Airline's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rentals during the repair or replacement of the Signatory Airline's Leased Premises. To the extent that the costs of repairs exceed the amount of any insurance proceeds payable to City by reason of such damage or destruction, Signatory Airline shall pay the amount of such additional costs to City due and payable upon demand. 10.05 City's Responsibilities. City shall maintain adequate levels of insurance; provided however, that City's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring the affected Signatory Airline's Leased Premises to substantially the same condition that existed at the date of damage or destruction, including any subsequent improvements made by City, and shall further be limited to the extent of insurance proceeds and other funds available to City for such repair, reconstruction, or replacement; provided further, that City shall in no way be responsible for the restoration or replacement of any equipment, furnishings, personal property, real property improvements, signs, or other items installed and/or owned by Signatory Airline in accordance with this Agreement, unless Signatory Airline proves that the damage or destruction is caused by the negligence or willful act or omission of City, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, 33 liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to Signatory Airline's performance of its obligations under this Agreement, or in conjunction with Signatory Airline's use and occupancy of Signatory Airline's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. B. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the City by Signatory Airline, its agents, employees, or successors and assigns in conjunction with Signatory Airline's use and/or occupancy of Signatory Airline's Leased Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration or termination of this Agreement. 11.02 Insurance. A. Without limiting or expanding Signatory Airline's obligation to indemnify City, as provided for in Section 11.01, Signatory Airline shall procure and maintain in force at all times during the Term of this Agreement comprehensive Airport premises liability and aviation insurance to protect against personal injury, bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall 34 be in an aggregate amount of not less than $50,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. In addition, Signatory Airline shall procure and maintain in force during the Term of this Agreement liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non-owned, or hired) in an amount of not less than $5,000,000 per occurrence. B. The aforesaid amounts and types of insurance shall be reviewed from time to time by City and may be adjusted by City if City reasonably determines such adjustments are necessary to protect City's interests. Signatory Airline shall furnish City prior to the Effective Date a certificate or certificates of insurance as evidence that such insurance is in force. City reserves the right to require a certified copy of each certificate upon request. Signatory Airline shall name City as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01. Said policies shall be issued by insurance companies of recognized financial responsibility and, in a form and content reasonably satisfactory to City, and shall provide for thirty (30) calendar days advance written notice to City prior to the cancellation of or any adverse material change in such policies and ten (10) calendar days' notice for non-payment of premium. Failure to provide and/or maintain the required insurance coverage as set forth herein is grounds for immediate termination of this Agreement. C. Signatory Airline shall procure and maintain in force during the Term of this Agreement workers' compensation coverage in accordance with state law and employers liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Signatory Airline will be promptly met. 11.03 Waiver of Subrogation. City and Signatory Airline hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, Signatory Airline's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties, their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. 35 ARTICLE 12: TERMINATION BY CITY 12.01 Events of Default. The events described below shall be deemed events of default by Signatory Airline: A. Upon the occurrence of any one of the following events of default, City may give thirty (30) calendar days written notice as provided in Section 12.03. (1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of Signatory Airline's assets or the subletting of Signatory Airline's Leased Premises without City Council authorization except as permitted under Article 15. (2) The divestiture of Signatory Airline's estate herein by operation of law, by dissolution, or by liquidation. (3) The Signatory Airline shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. (4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by Signatory Airline of its operations at the Airport unless otherwise approved by City in writing, except when discontinuance is due to fire, earthquake, strike, governmental action, default of the City, or other cause beyond Signatory Airline's control, and except when discontinuance is due to a consented assignment or sublease pursuant to Article 15. (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) calendar days of receipt of written notice by City to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Signatory Airline of written demand from City to do so, Signatory Airline fails to commence the remedying of such default within said thirty (30) calendar days following such written notice, or having so commenced, shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, Signatory Airline's performance under this Section 12.01 shall be subject to the provisions of Section 18.25 of this Agreement. Signatory Airline shall have the burden of proof to demonstrate to the City's satisfaction (i) that the 36 default cannot be cured within thirty (30) calendar days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, City may immediately issue written notice of default: (1) The failure by Signatory Airline to pay any part of the Rentals, Fees, and Charges, PFCs or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) calendar days of City's written notice of payments past due. Provided, however, if a dispute arises between City and Signatory Airline with respect to any obligation or alleged obligation of Signatory Airline to make payments to City, payments under protest by Signatory Airline of the amount due shall not waive any of Signatory Airline's rights to contest the validity or amount of such payment. (2) The failure by Signatory Airline to maintain the minimum required insurance coverage as required by Section 11.02; provided, the City shall have the right to immediately suspend Signatory Airline's right to operate at the Airport until Signatory Airline has obtained the minimum required insurance coverage. (3) If any act occurs through the fault or neglect of Signatory Airline which operates to deprive Signatory Airline permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business at the Airport. 12.02 Continuing Responsibilities of Signatory Airline. Notwithstanding the occurrence of any event of default, Signatory Airline shall remain liable to City for all Rentals, Fees, and Charges payable hereunder and for all preceding uncured breaches of any covenant of this Agreement. Furthermore, unless City elects to terminate this Agreement at its sole discretion, Signatory Airline shall remain liable for and promptly pay all Rentals, Fees, and Charges accruing hereunder until termination or expiration of this Agreement as set forth in Article 3 or until this Agreement is terminated by Signatory Airline pursuant to Article 13. 12.03 City's Remedies. Upon the occurrence of any event enumerated in Section 12.01.A, the following remedies shall be available to City: A. City may exercise any remedy provided by law or in equity including, but not limited to, the remedies hereinafter specified. 37 B. City may terminate this Agreement, effective upon the date specified in the notice of termination. For events enumerated in Section 12.01.A, such date shall be not less than thirty (30) calendar days from said date of receipt of notice. Upon such date, Signatory Airline shall be deemed to have no further rights hereunder and City shall have the right to take immediate possession of Signatory Airline's Leased Premises. C. City may reenter Signatory Airline's Leased Premises and may remove all of Signatory Airline's persons and property from same upon the date of reentry specified in City's written notice of reentry to Signatory Airline. For events enumerated in Section 12.01.A., reentry shall be not less than thirty (30) calendar days from the date of notice of reentry. D. City may re-let Signatory Airline's Leased Premises and any improvements thereon, or any part thereof, at such lease rates and upon such other terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on Signatory Airline's Leased Premises. In re-letting Signatory Airline's Leased Premises, City shall be obligated to make a good faith effort to obtain terms no less favorable to City than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of Signatory Airline's event of default. E. In the event that City relets Signatory Airline's Leased Premises, Rentals, Fees, and Charges received by City from such re-letting shall be applied in the following order of priority: (i) to the payment of any indebtedness other than Rentals, Fees, and Charges due hereunder from Signatory Airline to City; (ii) to the payment of any cost of such re-letting; and (iii) to the payment of Rentals, Fees, and Charges due and unpaid hereunder. The residue, if any, shall be held by City and applied in payment of future Rentals, Fees, and Charges as the same may become due and payable. If that portion of such Rentals, Fees, and Charges received from such re-letting and applied to the payment of Rentals, Fees, and Charges is less than the Rentals, Fees and Charges payable during applicable periods by Signatory Airline, then Signatory Airline shall pay such deficiency to City. Signatory Airline shall also pay to City, as soon as ascertained, any costs and expenses incurred by City in such re-letting not covered by the Rentals, Fees, and Charges received from such re-letting. F. Signatory Airline shall pay to City all other costs, incurred by City in the exercise of any remedy in this Article 12 including, but not limited to, reasonable attorneys' fees, disbursements, court costs, and expert fees. 38 ARTICLE 13: TERMINATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by City: A. City fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by City and such failure continues for thirty (30) calendar days after receipt of written notice from Signatory Airline; or, if by its nature such default cannot be cured within such thirty (30) calendar day period, City shall not commence to cure or remove such default within said thirty (30) calendar days and to cure or remove the same as promptly as reasonably practicable; provided, however, City's performance under this Section shall be subject to the provisions of Section 18.25 of this Agreement. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond City's control, or to the flights of Signatory Airline for reasons other than those circumstances within Signatory Airline's control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any federal, state, or local government agency having competent jurisdiction; or Signatory Airline is unable to use Airport for a period of at least ninety (90) consecutive days due to any law, order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing City or Signatory Airline from using Airport for airport purposes, for reasons other than those circumstances within City's or Signatory Airline's control, and such injunction remains in force for a period of at least ninety (90) consecutive days. D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict Signatory Airline from conducting its operations, if such restriction remains in force for a period of sixty (60) consecutive days or more. 13.02 Signatory Airline's Remedy. Signatory Airline termination, due to events of default under the provisions of Section 13.01, shall not be effective unless and until at least thirty (30) calendar days, or such longer period as provided in Section 13.01, have elapsed after written notice to the City specifying the date upon which such termination shall take effect and the reason for such termination. In the event of termination, Signatory Airline shall surrender the Signatory Airline's Leased Premises in accordance with Article 14 hereof. 39 ARTICLE 14: SURRENDER OF AIRLINE PREMISES 14.01 Surrender and Delivery. Upon termination of this Agreement, Signatory Airline shall promptly and peaceably surrender to City Signatory Airline's Leased Premises and all improvements thereon to which City is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this section shall be construed to modify the obligations of the parties that accrued prior to the date of termination of this Agreement. 14.02 Removal of Property. Signatory Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Signatory Airline unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty (30) calendar days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which City may have thereon for unpaid Rentals, Fees, and Charges. Notwithstanding anything to the contrary contained herein, City hereby waives any statutory or contractual lien it may now have or hereafter have with respect to Signatory Airline's aircraft. Signatory Airline shall not abandon any portion of its property at the Airport without the written consent of City. Any and all property not removed by Signatory Airline within thirty (30) calendar days following the date of termination of this Agreement shall, at the option of the City, (i) become the property of the City at no cost to the City; (ii) be stored by the City, at no cost to the City; or(iii) be sold at public or private sale at no cost to the City. All of Signatory Airline's personal property located on Signatory Airline's Leased Premises is at the risk of Signatory Airline only, and the City is not liable for damage to said personal property in, at or on Signatory Airline's Leased Premises or to Signatory Airline. Except as may be agreed to otherwise by the City and Signatory Airline, all City property damaged by or as a result of the removal of Signatory Airline's property shall be restored by Signatory Airline to the condition existing before such damage, less reasonable wear and tear, at Signatory Airline's expense. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by Signatory Airline. A. Except for an assignment to a parent or subsidiary, which is hereby authorized, Signatory Airline may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement or any part of Signatory Airline's Leased Premises to any party including Affiliate Airlines without the prior written consent of the City, which consent will not be 40 unreasonably withheld. The above prohibition does not apply with respect to any company with which Signatory Airline may merge or consolidate, or which may acquire substantially all of Signatory Airline's assets. In the event that Signatory Airline shall, directly or indirectly, assign, sell, hypothecate or otherwise transfer this Agreement, or any portion of Signatory Airline's Leased Premises, without the prior written consent of the City except as allowed above, the City, in its sole discretion may terminate this Agreement. B. Signatory Airline shall not sublease Signatory Airline's Leased Premises without the prior written consent of City, which consent may be withheld if City has substantially similar space available, but unleased, or if City can make such space available for lease within a reasonable time. Use of Signatory Airline's Exclusive Use Premises or Preferential Use Premises or any part thereof, by anyone other than Signatory Airline or an Air Transportation Company being handled by Signatory Airline shall be deemed a sublease. C. Signatory Airline shall include with its request for consent to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with Signatory Airline's request for consent by the City. The assignment or sublease agreement or written summary submitted with Signatory Airline's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and (iv) the provision that assignee or sublessee must execute a separate Operating Agreement with City. Any other information reasonably requested by City pertaining to said sublease or assignment shall be promptly provided by Signatory Airline. A fully executed copy of such sublease or assignment shall be submitted to City for final consent before occupancy of Signatory Airline's Leased Premises, or any portion thereof, by the assignee or sublessee. D. In the event the Rentals, Fees, and Charges for subleased premises exceed the Rentals, Fees, and Charges payable by Signatory Airline for said premises pursuant to this Agreement, Signatory Airline shall pay to City the excess of the Rentals, Fees, and Charges received from the sublessee over that specified to be paid by Signatory Airline herein; provided however, Signatory Airline may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15%) of the specified sublease rental, and such fee shall not be considered part of excess Rentals, Fees, and Charges. Signatory Airline may also charge a reasonable fee to others for the use of Signatory Airline's capital equipment and to charge for use of utilities and 41 other services being paid for by Signatory Airline. E. Nothing in this Article 15 shall be construed to release Signatory Airline from its obligations under this Agreement including, but not limited to, the payment of Rentals, Fees, and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of the City to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal and Apron Area. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Apron Area areas in order to meet the stated requests of Signatory Airline and/or such other Air Transportation Companies for additional facilities, the City hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of gate holdrooms, passenger loading bridges and associated Apron Area parking positions. 16.02 Accommodation of Requesting Air Transportation Company. City shall not require Signatory Airline to accommodate a requesting Air Transportation Company if City has unleased gates and facilities which can reasonably accommodate the needs of requesting Air Transportation Company. Signatory Airline shall cooperate with City to accommodate the needs of a requesting Air Transportation Company by permitting such requesting Air Transportation Company to utilize Signatory Airline's Preferential Use Premises (and Air Transportation Company shall remit to Signatory Airline a directly proportionate share of the Rentals, Fees, and Charges attributable to such use of the specific Preferential Use Premises) for the time period necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such requesting Air Transportation Company at times when the use of such facilities shall not interfere with Signatory Airline's planned operation. In determining if Signatory Airline shall be required to accommodate a requesting Air Transportation Company, the City shall consider Signatory Airline's capabilities, capacity, and facilities, after taking into account Signatory Airline's own requirements and contractual obligations, the compatibility of requesting Air Transportation Company's proposed operations with those of Signatory Airline, and the need for labor harmony. Prior to any accommodated Air Transportation Company being permitted to use Signatory Airline's Preferential Use Premises, City shall require such accommodated Air Transportation Company to indemnify City and Signatory Airline and its officers, directors, employees and agents against any claims, damages, injuries and costs (including reasonable attorneys' fees) arising from the acts or omissions of the accommodated Air Transportation Company, its officers, directors, employees and agents and deliver to City and Signatory Airline reasonably satisfactory evidence of insurance coverage, which insurance shall provide the coverages (including amounts) as 42 are required of Signatory Airline under this Agreement and name City and Signatory Airline as an additional insured party. 16.03 Relocation of Signatory Airline. With regard to Signatory Airline's Exclusive Use Premises and Preferential Use Premises, the City reserves the right to relocate Signatory Airline (i) after the City has obtained adequate funding to pay the reasonable costs of same, (ii) following consultation with Signatory Airline, and (iii) upon not less than sixty (60) days' prior written notice to Signatory Airline, in order to maintain the most efficient use of the Terminal as reasonably determined by the Director. In implementing any relocation, the City shall minimize disruptions to Signatory Airline's operations and shall use commercially reasonable efforts to provide Signatory Airline with replacement space that is comparable to that which is to be vacated and to coordinate any such relocation with Signatory Airline. In the event that such a relocation request is made by the City, the City shall fund the reasonable costs of such relocation, including the costs of any improvements needed to the replacement space to match those in the vacated space, and Signatory Airline shall not be required to pay a greater total rental amount for the relocated space. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements. This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. City agrees to provide Signatory Airline written advance notice of any provisions which would adversely modify the material terms of this Agreement. 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Airport or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Airport by the United States of America. 17.03 Nondiscrimination A. Signatory Airline for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with the land that (i) no person on the grounds of race, creed, color, national origin, or sex shall be 43 excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Signatory Airline's Leased Premises, (ii) in the construction of any improvements on, over, or under Signatory Airline's Leased Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) Signatory Airline shall use Signatory Airline's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non-Discrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964, and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as titles and regulations may be amended. B. Signatory Airline acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ("DBE"), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Signatory Airline under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. These regulations may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security Signatory Airline must comply with, and require compliance by its assignees and sublessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, and ordinances promulgated by the City, the Airport Security Plan ("ASP"), the FAA, Transportation Security Administration ("TSA") or other governmental agencies to protect the security and integrity of the Secured Area ("SA"),the Air Operations Area ("AOA"), and the Security Identification Display Area ("SIDA"), as defined by the City, the FAA, and TSA, and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, Signatory Airline must adopt procedures to control and limit access to the SA, AOA, and SIDA by Signatory Airline, its assignees and sublessees, and its and their respective agents, contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with 44 all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. Signatory Airline further agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by Signatory Airline, its sublessees or its or their respective agents, contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Signatory Airline, which entry violates the City, ASP, FAA, or TSA laws, rules, regulations, or ordinances or Signatory Airline's Director-approved procedures for controlling access to the SA or SIDA as provided hereinabove. Signatory Airline must obtain employee identification badges for all personnel authorized by Signatory Airline to have access to the SA, AOA, and SIDA in accordance with the provisions of Federal Aviation Regulations, 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Signatory Airline must pay all fines associated with security breaches/infractions by Signatory Airline and its sublessees and its and their respective agents, officers, business invitees, and employee in the SA, AOA, and SIDA, regardless of whether the fine is assessed to the City, Airport or Signatory Airline and/or its sublessees, and its or their respective agents, officers, business invitees, or employees; however, Signatory Airline may contest such fine in accordance with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to Signatory Airline hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation, and assignments made by City in the Master Bond Ordinance. City and Signatory Airline agree that, to the extent required by the Master Bond Ordinance or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of City hereunder. B. City shall notify Signatory Airline in advance of any amendments or supplements to the Master Bond Ordinance that would materially alter the terms and provisions of this Agreement. City and Signatory Airline shall use their "commercially reasonable" efforts to agree on the implementation of any such material amendments or supplements desired solely by City for its own purposes. If such material alteration will negatively impact financial or operational rights granted herein, then either party may immediately terminate this Agreement. 45 C. With respect to property leased by the City to Signatory Airline hereunder which was or is to be acquired by the City with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to use "commercially reasonable" efforts to protect the tax-exempt status of the Bonds. 18.02 Non-waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to terminate this Agreement as provided herein. 18.03 Rights Non-Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except Exclusive Use Premises, are "non-exclusive" and the City reserves the right to grant similar privileges to others. 18.04 Quiet Enioyment. A. City agrees that, so long as Signatory Airline's payment of Rentals, Fees, and Charges is timely and Signatory Airline keeps all covenants and agreements contained herein, Signatory Airline shall peaceably have and enjoy Signatory Airline's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of Signatory Airline's business, Signatory Airline agrees that occupancy of Signatory Airline's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of Signatory Airline's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. Signatory Airline shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Avigation Rights. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the 46 Airport, including Signatory Airline's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport. 18.07 Rules and Regulations. A. Signatory Airline, its officers, employees, agents and others under its control shall observe and obey all laws, rules, regulations, ordinances, and orders of the federal, state, county and municipal governments which may be applicable to Signatory Airline's operations at the Airport. B. The City may from time to time adopt, amend or revise reasonable and non-discriminatory rules, regulations and minimum standards for the conduct of operations at the Airport for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. Signatory Airline, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules, regulations and minimum standards, except as they may conflict with the terms and provisions of this Agreement or the regulations of another governmental authority having appropriate jurisdiction. C. Signatory Airline shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire Term of this Agreement by any federal, state, or local governmental entity or any court of law having jurisdiction over Signatory Airline or Signatory Airline's operations and activities at the Airport. 18.08 Inspection. Signatory Airline shall allow the City's authorized representatives access to Signatory Airline's Leased Premises for the purpose of examining and inspecting said premises; for purposes necessary, incidental to, or connected with the performance of its obligations under this Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advance notice, the City shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of Signatory Airline's representative. 18.09 No Individual Liability. No official, officer, agent, director, or employee of the City or Signatory Airline shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint 47 venturers, or any other similar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of Rentals, Fees, and Charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. Each of the parties hereto warrants and represents that the execution and delivery of this Agreement by the undersigned representative(s) has been duly authorized by all necessary corporate or municipal action, as applicable. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of open negotiations between the parties and shall not be construed against the City by reason of the preparation of this Agreement by the City. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 18.15 Titles. Section titles are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severability. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either the City or Signatory Airline in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided herein, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and executed by the parties. 48 18.18 Most Favored Nations. The City agrees not to enter into any Agreement with any other 14 CFR Part 121 Air Transportation Companies conducting similar operations at the Airport after the Effective Date of this Agreement that contains more favorable terms and conditions, landing fees, rentals or other charges than those provided in this Agreement. Such "similar operations at the Airport" means regularly scheduled commercial airline service that shall be conducted at the Terminal. Notwithstanding the foregoing, the City may offer incentives or discounts consistent with FAA guidelines and/or policies in setting Rentals, Fees, and Charges with any Air Transportation Company. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify, restrict or modify in any manner the provisions of any other agreement or contract between City and Signatory Airline authorizing the use of the Airport, its facilities and appurtenances. 18.20 Affiliate Airline. Signatory Airline and any designated Affiliate Airline shall be counted as one airline for the purposes of computing any Joint Use Premises charges, provided the Affiliate Airline has executed an Operating Agreement with City; provided however, that Signatory Airline shall be responsible for the actions and any and all charges (incurred on behalf of Signatory Airline) of(including the payment of any activity fees incurred by) any such designated Affiliate Airline while such designated Affiliate Airline operates at the Airport on behalf of Signatory Airline. Signatory Airline must provide City with a listing in writing of all of Signatory Airline's designated Affiliate Airlines and the relationship each Affiliate Airline has with Signatory Airline (i.e., Signatory Airline is a parent corporation to Affiliate Airline; Signatory Airline is in a partnership/contract with the designated Affiliate Airline, etc.). Signatory Airline shall give City thirty (30) calendar days' written notice of any change to the Affiliate Airline designation and, if such notice request removes the "affiliate" designation from an Air Transportation Company, Signatory Airline will no longer be a guarantor of that former Affiliate Airline. Signatory Airline will use "commercially reasonable" efforts to assist City in having its designated Affiliate Airlines execute an operating agreement with City. 18.21 Approvals A. Whenever this Agreement calls for approval by the City, such approval shall be evidenced by the written approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 49 18.22 Notice. A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given by the parties in writing by certified mail. If intended for the City, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 or to such other address as may be designated by the City by written notice to Signatory Airline as stipulated above. B. Notices to Signatory Airline shall be delivered in the manner set out above to: American Airlines, Inc. Attn: Airport Affairs, VP CRE 4333 Amon Carter Blvd. MD 5317 Fort Worth, TX 76155 or to such other address as may be designated by Signatory Airline by written notice to the City as stipulated above. 18.23 Agent For Service. It is expressly understood and agreed that if Signatory Airline is not a resident of the state of Texas, is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then, in any such event, Signatory Airline shall appoint an agent for the purpose of service of process in any court action between it and the City arising out of or based upon this Agreement. Signatory Airline shall immediately notify the City, in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the state of Texas for service upon a non-resident engaging in business in the state. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, Signatory Airline may be personally served out of the state of Texas by the certified mailing of such service at the address set forth in Section 18.22. 50 18.24 Governing Law. This Agreement is to be read and construed in accordance with the laws of the state of Texas. The parties agree that any court of proper jurisdiction presiding in Nueces County, Texas, shall be the forum for any actions brought hereunder. 18.25 Force Majeure. Except as herein provided, neither the City nor Signatory Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. 18.26 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties. It is further understood and agreed by Signatory Airline and the City that the City, the City's agents, Signatory Airline and Signatory Airline's agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth and neither party shall be liable by reason of the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by Signatory Airline and the City. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Keith Selman, Interim City Manager 51 APPROVED AS TO LEGAL FORM THIS DAY OF 12018. Elizabeth Hundley, Assistant City Attorney For Miles Risley, City Attorney AIRLINE By: I Name: hrist eh J. Collison Direr al state Title: Date: I 52 CORPUS CHRISTI INTERNATIONAL AIRPORT - K.K...14101•W441/1MMIMUllial WAME11=1.MTLT.11 MAE6414.CrIONIN /1•11MiiIIMIN WIUCKPIVTIGNIIMI292,1nM WM.LISSWIMEMEWL=MMUMI .S1IITIONION7NlVrliNVAIXMILIMIKW9/ 159.0.141•4..•= •1251MMISICIIMM,C1.•=121014i01 1.1:40•ZIME611.1=M1 1•61921INS11.111109MIMUNIMIVOI *e NIP CORPUS CHRISTI INTERNATIONAL AIRPORT Cr I ASIM AIRPORT LAYOUT PLAN EXHIBIT A CITY OF CORPUS CHRISTI DEPARTMENT OF AVIATION 2017 CDS COX GROSS 0S -23-21M7 PAM I OF 53 MEN 1024 29'-7" T',G:iT 1C83e 11£SI 10:0 F'JALi APA.114E MO #1 103? I EXHIBIT B LEASED SPACE AMERICAN EAGLE AIRLINE CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR, IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. ATO 1 TICKETING QUEUENG TOTAL AREA = 1 ,104.22 295.83 350.72 ,750.77 SqFt. Corpus Christi International Airport $11' TICP:EITIO 1035 TUT. 11011016 12 1037 SCU TN'MS T.A;RU1iES ATO m rz� fl FUTURE AIRUIC ATO �2 11o381 1. AMERICAN KEY MAP prepared by: COELINOrr Approved by: Date: VCONZALEZ OCT - 2017 Prot. Name: 2017_t GASE_ACRfEME`:TS 54 Corpus Christi International Airport AMERICAN TICKET COUNTER 1(6 POSITIONS) O BAGGAGE BELT j v � i AMERICAN ATO 1,104.22 TICKETING 295.83 QUEUEING 350.72 TOTAL AREA= 1,750.77 SgFt 29 ' - 7" EXHIBIT B2 LEASED SPACE AMERICAN EAGLE AIRLINE KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT I L/AMFAICAN NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Prepared by BE FROM THE INTERIOR OF THE EXTERNAL Ct3[LINOIr WALLS AND FROM THE CENTERLINE TOYa~�� Approved by CENTERLINE OF EACH INTERIOR WALL,OR. VCONIZALEZ IN THE ABSENCE OF INTERIOR WALLS.THE Date POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. 3im Pro)Nam,, 2017-LEASE-AGREEMENTS 55 Corpus Christi International Airport - O I I > :1 T TTob . - o EXHIBIT B3 LEASED SPACE AMERICAN OPS AREA KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT MERE w NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Neparedby: BE FROM THE INTERIOR OF THE EXTERNAL CGELINOIr WALLS AND FROM THE CENTERLINE TO Approved by: CENTERLINE OF EACH INTERIOR WALL,OR, iii-y' VGO�:ZALEZ Ca -:r ' � IN THE ABSENCE OF INTERIOR WALLS,THE � �., �� Date: POINT OF SAID CENTERLINE WOULD BEw*�p^'®�� OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Roj.Name: 2017J.-EASEJAGREEMENTS 3im 56 Corpus Christi International Airport I I 26'-11" - �o � I D 29'-5" AMERICAN CID Da HOLDROOM n 2091 I 2,064.30 SgFt. I o _ M I I I EXHIBIT B4 LEASED SPACE AMERICAN HOLDROOM CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT KEY MAP NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL AVERICAN WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL,OR. Prepared by IN THE ABSENCE OF INTERIOR WALLS,THE COI:UNCIR POINT OF SAID CENTERLINE WOULD BE � Approved by LOCATED IF SUCH INTERIOR WALL EXISTED. € Ma VCONWALE7. Date OCT-2017 Ptcj Nd mo 2017 LEASE AGREEMENTS 57 Corpus Christi International Airport — ER 37 - Iii'Ll 1_11� EC-11 C EXHIBIT B5 LEASED SPACE SECURITY CHECKPOINT SECURITY CHECKPOINT TOTAL FLOOR AREA=3,271 SF CORPUS CHRISTI KEv MAP INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT SECURITY CHECKPOINT NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL Prepared by: YVALLS AND FROM THE CENTERLINE TO COELIN01t CENTERLINE OF EACH INTERIOR WALL,OR. Approved by- IN THE ABSENCE OF INTERIOR WALLS,THE VGONZALEZ POINT OF SAID CENTERLINE WOULD BE Date OCT-2017 LOCATED If:SUCH INTERIOR WALL EXISTED. Prot Name 2017-LEASE-AGREEMENTS 58 107'-4" BAGGAGE CLAIM 4102.31 SF 0 0 0 BAGGAGE BREAK -DOWN 1900.22 SF 115-9" 1 Corpus Christi International Airport ri EXHIBIT B6 LEASED SPACE BAGGAGE CLAIM AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM 111E IN rERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR. IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. BAGGAGE BAGGAGE TOTAL FLOOR CLAIM AREA / BREAK -DOWN 4,102.31 SF 1,900.22 SF AREA = 6,002.53 SF KEY MAP d BAGGAGE CLAIM prepared by. CDELINOIi Ap:>rnved t>y VGONZALEZ Date OCT -2017 proj. Narnr• 2017 LEASE AGREEMENTS 59 J GATE 1 26,757.68 S.F. (JJCONTINENTAL TB 30/10,0-3 205'-0" GATE 3A 30,992.82 S.F. L GATE 2 28,036.35 S.F. CONTINENTAL as 43/20.6-2 L GATE 6 Th.,/,...233,880.91233'880.91 S.F. � � GROUND U � @;:01rII�1r[�1F',t�� ``� is 43/245-2N\ AMERI EAGLE /d/ aPRESS JEf ilj Ali loop s 0'7 `i�miiiiiiiiii, GATE 3B 30,898.92 S.F. In GATE 5 31,773.67 S.F. GATE 4 11,741.72 S.F. Corpus Christi International Airport — -- r�ai�iti l' r 'r 7'-0" _ 15' AMERICAN 1 EXTENDED APRON AREA = 2,427 SF 42'-0" 0 of EXHIBIT B7 LEASED APRON SPACE AMERICAN AIRLINES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017AIRLINE LEASE AGREEMENT PREFERENTIAL USE OF APRON POSITIONS POSITION # AIRLINE TYPE OF AIRCRAFT CLIA B2 #3A SOUTHWEST 737 UNITED ATR -72, ATR -42 #38 UNITED MD -80, 737. DC -9 #4 CCIA #5A #58 AMERICAN EAGLE ERJ AMERICAN EAGLE ATR -72 ae CCIA CRJ CC!A Prepared by CBELINOJr Approved by VGONZALEZ Dare: OCT -2017 Pro:. Name: 2017 LEASE AGREEMENTS 60 E ---AMERICAN E. 1 GSE Storage! (AREA = 2,427 SF) UNITED GSE Storage (AREA = 3,818 SF) Corpus Christi International Airport 7//tic /lam/i - '/// -h-l.! 1.1.. L ...k.. ' �.�.-?. _ .�_�.�.�. '! I Tfl Hi L I f i SOUTHWEST GSE Storage (AREA = 3,684 SF) EXHIBIT B8 LEASED APRON SPACE GSE STORAGES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT CC!A Prepared by. COELINOII. Approved by: VCONZALEZ Date: OCT -2017 Pioj Name: 2017 LEASE_AGREEMENTS 61 I I: • 11 7.7 Lsi I.. 1 1� Ca A CORPUS CHRISTI INTERNATIONAL AIRPORT JI EXHIBIT B9 GROUND FLOOR LEVEL TOTAL FLOOR AREA 91,477 SqFt CCIA 25,637.77 SqFt FIS 15,263.54 SqFt PUBLIC COMMON USED 22,115.98 SqFt TSA 4,952.33 SqFt AIRLINES COMMON USED 6,002.53 SqFt AMERICAN AIRLINE 2,198.57 SqFt SOUTHWEST AIRLINE 3,296.50 SqFt UNITED AIRLINE 2,837.71 SqFt FUTURE AIRLINES 6,873.50 SqFt RENTAL CARS 2,298.57 SqFt 62 CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT OPEN FROM ABOVE /j _145-4A ....... 1:)=.7177;1 OPEN FROM ABOVE Tj L. L.... i ---Lr. ,..„J Li ! --tridit," P (--) .__. • -i— ii I - tatiL J] ..:_------) i r EXHIBIT B10 SECOND FLOOR LEVEL TOTAL FLOOR AREA 54,278 SqFt CCIA PUBLIC COMMON USED TSA OPS AIRLINES COMMON USED AIRLINE HOLDROOMS (American, Southwest & United r- CCIA Ground Load /Jet Bridge) FOODS & RETAIL FIS COMMON AREA , 14,744.30 SqFt 17,023.51 SqFt 2,969.00 SqFt 3,271.00 SqFt 9,690.92 SqFt 5,456.10 SqFt 1,123.17 SqFt 63 EXHIBIT C (Reserved) 64 EXHIBIT D DESIGNATION OF RESPONSIBILITIES FOR OPERATION AND MAINTENANCE AIRLINE PREFERENTIAL USE SPACE AIRLINE JOINT USE Ticket Offices & Airline Security Counters and Baggage Operations Baggage Claim Baggage Loading Queue Area Makeup Area & Conveyor Screening Gates Checkpoint Bridges Apron Area 1. Air Conditioning a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 2. Heating a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 3. Lighting a. Bulb & Tube Replacement C A A C C C C C C b. Maintenance C C C C C C C C C 4. Electrical Maintenance C C C C C C C C C 5. Water a. Distribution N/A C C C C N/A N/A C C b. Fixtures N/A A A C C N/A N/A C C 6. Sewage a. Distribution N/A C C C C C N/A N/A N/A b. Fixtures N/A A A C C C N/A N/A N/A 7. Maintenance a. Other than Structure A A A C C C C C N/A b. Structure C C C C C C C C C c. Exterior C C C C C C C C A 8. Custodial Service C A A C C C C C A 9. Window Cleaning a. Exterior N/A C C C C C N/A C N/A b. Interior N/A A A C C C N/A C N/A NOTES: A - AIRLINE, C - CITY, N/A - NOT APPLICABLE. NEW CONSTRUCTION AND DAMAGE REPAIR ARE NOT SUBJECT TO THIS MATRIX AND SHALL BE GUIDED BY THE LEASE DOCUMENT. 65 CCIAMW EXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT MONTHLY STATISTICAL REPORT AIRLINE: ACTIVITY FOR MONTH OF: ACUTAL TOTAL NON TOTAL AIRCRAFT AIRCRAFT NUMBER OF CHARTER LANDING SIGNATORY SIGNATORY LANDING FEE TYPE WEIGHT LANDINGS LANDINGS DIVERSIONS WEIGHT RATE RATE DUE C700 67,000 0 $ E135 40,785 0 $ E140 41,226 0 $ E145 43,651 0 $ AT72-212 47,068 0 $ AT72-212A 49,273 0 $ A319S 0 $ ERJ 41,226 0 $ LRJ 43,651 0 $ SU 40,785 0 $ XRJ 44,092 0 $ 737-500 110,000 0 $ 737-300 114,000 0 $ 737-700 128,000 0 $ 737-800 144,000 0 $ 737-900 146,900 0 $ 757-200 198,000 0 $ 757-300 224,000 0 $ EMB-190 97,000 0 $ CE-208B 8,500 0 $ MD-82 130,000 0 $ MD-83 139,500 0 $ MD-87 128,000 0 $ B 737-400 $ TOTAL TOTAL LANDING LANDINGS 0 WEIGHT 0 Total $ TOTAL SEATS AVAILABLE PER USE NUMBER OF (TURN)FEE PER TURNS RATE Signatory Gate Use Fee $ Signatory RON(Runway Overnight Parking) $ Non-Signatory Per Turn Charge $ Non-Signatory RON $ ENPLANED REV PASSENGERS DEPLANED REV PASSENGERS ENPLANED NON REV PASSENGERS DEPLANED NON REV PASSENGERS TOTAL ENPLANED PASENGERS 0 TOTAL DEPLANED PASENGERS 0 CARGO: MAIL FREIGHT TOTAL DUE TO CRP $ ENPLANED(OUTBOUND) Prepared/Approved by: DEPLANED(INBOUND) TOTAL POUNDS 0 0 Date 66 EXHIBIT F (Reserved) 67 EXHIBIT G (for illustrative purposes only) AVIATION ACTIVITY CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Enplaned Passengers: American 127,300 Southwest 117,473 United 95,965 Charters 2,438 Total 343,176 Aircraft Operations: American 2,219 Southwest 1,346 United 2,012 Charters 38 Total 5,616 Aircraft Landed Weight (1000 -Ib units): American 133,877 Southwest 166,712 United 97,791 Charters 5,266 Total 403,646 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.,dex Page 1 of 16 68 7/2/2018 EXHIBIT G (for Illustrative purposes only) CURRENT TERMINAL SPACE (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT )Fiscal Years Ending September 30) Budget 2017.18 Torminal Soaca: ATO/Bag Belt: American 1,104 Southwest 1,827 United 1,362 Vacant (Mc1 Tin GO. ATO. Bap &a) 6,874 Total ATO/Bag Belt 11,166 Tick American 296 Southwest 470 United 365 Total Ticketing 1,131 Queuel i American 351 Southwest 581 United 296 Total Queueing 1,227 Oos: American 448 Southwest 419 United 601 Total Ops 1,468 850: American 0 Southwest 0 United 214 Total BSO 214 Ho id room: American Southwest United Vacant/Ground Loading )Gates 1,4,6) Total Holdroom Airline Exclusive/Preferential Space: American Southwest United Vacant 2,064 2,293 2,310 3,023 9,691 4,263 5,590 5,147 9,897 Total Exclusive/Preferential Space [A] 24,897 Airline Joint Use: Baggage Claim Public 4,102 Baggage Claim Tug rive 1,900 Security Checkpoint 4,505 Total Joint Use Space 031 10,507 Total Airline Space [C -A+8] 95,404 LESS: Airline Vacant Space (9,897) Total Airline Leased Span 25,507 Other Terminal Space: Concession 5,456 Rental Car Counters/Offices 2,299 TSA Offices 6,687 Administrative Offices 14,744 Public Common Used 39,139 Other 42,025 Total Other Terminal Space Total Terminal Span [O] 110,351 IE-Ce0] 145,755 Arnounta may not add due to rounding. Source: Airport management records HMI CRP Annan. Motel • 30 SUNS vts EnotrIO slur Papa 2 of16 69 y„„a,a EXHIBIT G (for illustrative purposes only) DEBT SERVICE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total [A] $ 631,601 Percent Allocatated: Airfield [B] 59.8% Terminal Building and Area [C] 23.5% Parking and Ground Transportation [D] 8.9% Other [E] 7.8% Total 100.0% By Cost Center: Airfield [F=A*B] $377,545 Terminal Building and Area [G=A*C] 148,615 Parking and Ground Transportation [H=A*D] 56,180 Other [I=A*E] 49,261 Total [J=F+G+H+1] $631,601 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 3 of 16 70 7/2/2018 EXHIBIT G (for illustrative purposes only) OPERATING EXPENSES CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 By Category: Personnel $ 3,461,457 Benefits $ 1,594,857 Supplies and Equipment $ 467,530 Contract Services $ 853,541 Utilities $ 636,000 Maintenance and Repairs $ 399,373 Administrative $ 567,631 Insurance $ 331,050 Total [A] $ 8,311,439 Percent Allocatated: Airfield [B] 21.5% Apron [C] 2.4% Terminal Building and Area [D] 45.5% Parking and Ground Transportation [E] 20.2% Aviation [F] 5.1% Non -Aviation [G] 5.2% Total 100.0% By Cost Center: Airfield [H=A*B] $ 1,788,449 Apron [I=A*C] $ 198,717 Terminal Building and Area [J=A*D] $ 3,781,782 Parking and Ground Transportation [K=A*E] $ 1,679,967 Aviation [L=A*F] $ 426,332 Non -Aviation [M=A*G] $ 436,192 Total $ 8,311,439 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 4 of 16 71 7/2/2018 EXHIBIT G (for Illustrative purposes only) CIP FUNDING PLAN (Fiscal Years Ending september 30) Protect Name CORPUS CHRISTI INTERNATIONAL AIRPORT Estimated Funding Sources Year Project Cost Actuals Variance Entitlement Discretionary CFCs Local (non PFCs) Local (PFCs) Other (3rd Party, etc) Rehabilitate Terminal Air Carrier Apron (Taxilane), Area Al, (Construction) 1/1/2017 3,333,333 0 3,333,333 $ - $ 3,000,000 $ - $ 333,333 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area A2, (Plans & Specs.) 1/1/2017 361,111 0 361,111 $ 325,000 $ - $ • $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A5, A6 & A7, (Construction) 1/1/2017 3,972,222 0 3,972,222 $ 1,875,000 $ 1,700,000 $ - $ 397,222 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Plans & Specs.) 1/1/2017 333,333 0 333,333 $ 300,000 $ - $ • $ 33,333 $ - 5 2016-17 Subtotal $ 7,999,999 $ - $ 7,999,999 $ 2,500,000 $ 4,700,000 $ - $ 800,000 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 2 (Construction) 1/1/2018 5,972,222 0 5,972,222 $ 1,375,000 $ 4,000,000 $ - $ 597,222 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 3 (Plans & Specs.) 1/1/2018 361,111 0 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Construction) 1/1/2018 4,277,778 0 4,277,778 $ 600,000 $ 3,250,000 $ - $ 427,778 $ - $ Rehabilitate East GA Apron, Area 010 (Plans &Specs.) 1/1/2018 222,222 0 222,222 $ 200,000 $ - $ - $ 22,222 $ - $ 2017-18 Subtotal $ 10,833,333 $ - $ 10,833,333 $ 2,500,000 $ 7,250,000 $ - $ 1,083,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Areas 3 (Construction) 1/1/2019 6,333,333 0 6,333,333 $ 1,700,000 $ 4,000,000 $ - $ 633,333 $ - 5 Rehabilitate East GA Apron, Area A10, (Construction) 1/1/2019 2,222,222 0 2,222,222 $ - $ 2,000,000 $ - $ 222,222 $ - $ Improve Terminal Building, Phase I (Building Assessment)//CRP Funded [5250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - 5 - $ CRP's Entitlement Reimbursement [FY -2020//$250,000( 1/1/2019 0 0 0 $ - $ - 5 - $ - 5 - $ Acquire 1500 Gallon ARFF Vehicle 1/1/2019 888,889 0 888,889 $ 800,000 $ - 5 - $ 88,889 5 - $ 2018.19 Subtotal $ 9,444,444 $ - $ 9,444,444 $ 2,500,000 $ 6,000,000 $ - $ 944,444 $ - $ FY-2020//lm prove Terminal Building, Phase 11 (Assessment, Plans & Specs.) 1/1/2020 1,388,889 0 1,388,889 $ 1,250,000 $ - $ - $ 138,889 $ - $ FY-2021//Improve Terminal Building, Phase III (Construction//$10.0M (est.)//CRP Funded] 1/1/2020 4,166,667 0 4,166,667 $ 3,750,000 $ - $ - $ 416,667 $ - $ CRP's Entitlement Reimbursements (FY(s)- 2022, 2023, and 2024) 1/1/2020 8,333,333 0 8,333,333 $ 7,500,000 $ - $ • $ 833,333 $ - $ 2019 • 2024Subtotal $ 13,888,889 $ - $ 13,888,889 $ 12,500,000 $ - $ - $ 1,388,889 $ • $ Total Protect Costs Please Note: ATO May Request Relocation of ASR -11 Due to Line -Of -5k. Problems (RWY 13 End) $ 42,166,665 $ $ 42,166,665 $ 19,999,999 $ 17,949,999 $ - 5 4,216,667 $ $ Note: Amounts may not add due to rounding. Source: Airport management records 2018 CRP Fknancial lAcnfol. SO FINAL v2 EtPudt ?du Page 5 of 16 72 ,nao,e EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Non -Airline Operating Revenue by Cost Center: Airfield: Fuel flowage fees $ 90,065 Security service $ 321,360 Total Airfield [A] $ 411,425 Apron: RON Fees [B1 $ 1,000 Terminal Building and Area: Resale - Electric Power - Term $ 60,000 Airline Janitorial Services $ 40,450 Gift shop concession $ 115,500 Restaurant concession $ 170,268 Automated teller machines $ 12,000 Advertising space concession $ 60,000 Airport Badging Fees $ 36,950 TSA -Check Point Fees $ 87,600 Terminal Space Rental -other $ 500,436 Trash hauling - caterer $ Other revenue $ 1,000 Total Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation: Parking lot $ 1,387,586 Premium Covered Parking $ 808,977 Auto rental concession $ 1,433,496 Parking fines -Airport $ - Rent -a -car parking $ 59,760 Rent -a -car Security Fee $ 262,824 Ground transportation $ 69,660 Total Parking & Ground Transportation [D] $ 4,022,303 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 6 of 16 73 7/22018 EXHIBIT G (for Illustrative purposes only) NON -AIRLINE REVENUE (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Aviation: Fixed based operator revenue $ 534,000 Cargo Facility Rental $ 29,364 Total Aviation [E] $ 563,364 Non -Aviation: Rent - commercial non -aviation $ 72,504 Agricultural leases $ 71,414 Gas and oil sales $ 7,056 Oil and gas leases $ 10,800 Total Non -Aviation [F] $ 161,774 By Cost Center: Airfield [A] $ 411,425 Apron [B] $ 1,000 Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation [D] $ 4,022,303 Aviation [E] $ 563,364 Non -Aviation [F] $ 161,774 Total Non -Airline Operating Revenue [G] $ 6,244,070 Non -Operating Revenue: Interest on investments $ 16,800 Tenant Maintenance Services $ Net Inc/Dec in Fair Value of Investment $ - Sale of scrap/city property $ 3,250 Purchase discounts $ 3,000 Total Non -Operating Revenue [H] $ 23,050 Total Non -Airline Revenue [I=G+H] $ 6,267,120 Interfund Contributions: Interdepartmental Services [1] $ 48,000 Transfer from other Fund [K] $ 22,806 Total Non -Airline Revenue and Interdepartmental Contributions [L=I+J+K] $ 6,337,926 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Modal - 30 FINAL v2 - Exhibit G.xlsx Page 7 of 16 EXHIBIT G (for illustrative purposes only) LANDING FEE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airfield Requirement: Operating Expenses $ 1,788,449 Debt Service $ 377,545 Capital Outlay Total Requirement [A] $ 2,165,994 Adjustments: Apron Credit $ GSE Storage Credit $ 16,131 Net Airfield Requirement: $ 2,149,864 Required Landing Fee (no subsidy applied) $ 5.33 Airfield Credits: Non -Signatory Airline Landing Fees $ Non -Airline Revenue $ 411,425 Total Airfield Credits [B] $ 411,425 Net Airfield Requirement (airfield credits applied) [C=A -B] $ 1,738,439 Landed Weight (1000 -Ib units): [D] 403,646 Landing Fee Rate (without addl subsidy applied) [E=C/D] $ 4.31 Discretionary Revenue Applied [F] $ 533,152 Net Airfield Requirement [G=C -F] $ 1,205,286 Revised Landing Fee Rate [H=G/D] $ 2.99 Total Landing Fee Requirement [I=D*H] $ 1,205,286 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 8 of 16 75 7,2/2018 EXHIBIT G (for illustrative purposes only) AIRCRAFT PARKING APRON AREA AT TERMINAL (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Year Ending September 30) Budget 2017-18 Apron Requirement: Operating Expenses $ 198,717 Debt Service $ - Capital Outlay Total Requirement [A] $ 198,717 Apron Credits: RON Fees [B] $ 1,000 Net Apron Requirement [C=A -B] $ 197,717 Preferential Use Apron Area Leased [D] 121,702 Apron Fee (per s.f.) [E=C/D] $ 1.62 Total Apron Fee Revenue [F=D*E] $ 197,717 Apron Revenue: American $ 51,619 Southwest $ 45,548 United $ 100,549 Total Apron Fee Revenue by Carrier $ 197,717 Amounts may not add due to rounding. Source: Airport Management records. 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 9 of 16 76 7/212018 EXHIBIT G (for illustrative purposes only) GSE STORAGE AREA CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Rented (sf): American [A] 2,427 Southwest [B] 3,684 United [C] 3,818 Total S.F. Airline Rented 9,929 GSE Rate [D] $1.62 Airline GSE Revenue: American [E=A*D] $ 3,943 Southwest [F=B*D] $ 5,985 United [G=C*D] $ 6,203 Total GSE Revenue $ 16,131 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 10 of 16 77 7/2/2018 EXHIBIT G (for illustrative purposes only) TERMINAL RENTAL RATE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Terminal Requirement: Operating Expenses $ 3,781,782 Debt Service $ 148,615 Capital Outlay Apron Allocation $ Total Terminal Requirement Required Terminal Rate (no subsidy applied) [A] $ 3,930,396 $ 154.09 Terminal Credits: Non -Airline Revenue $ 1,084,204 Gate Fee Revenue $ 43,410 Federal Inspection Services $ - Total Terminal Credits [B] $ 1,127,614 Total Airline Terminal Requirement (no Subsidy) [C=A -B] $ 2,802,782 Airline Leased Premises [D] 25,507 Terminal Rate (terminal credits applied/no addl subsidy) [E=C/D) $ 109.88 Gross Airline Terminal Revenue (no Subsidy) $ 2,802,782 Discretionary Revenue Applied Net Airline Terminal Revenue Effective Terminal Rate (with addl subsidy applied) Exclusive/Preferential Airline Rented Space Joint Use Space Terminal Revenue: Exclusive/Preferential Space Joint Use Space Total Terminal Revenue [F] $ 533,469 [G=C -F] $ 2,269,314 [H=G/D] $ 88.97 [I] 15,000 [J] 10,507 25,507 [K=H'I] $ 1,334,532 [L=H'1] $ 934,782 [M=K+L] $ 2,269,314 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlox Page 11 of 16 78 7/30018 EXHIBIT G (for illustrative purposes only) GATE USE FEE CALCULATION CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total Gate Use Fee Requirement Effective Terminal Rate (with addl subsidy applied) [A] $ 88.97 Holdroom Space (sf) [B] 9,691 Total Holdroom Requirement [C=A*B] $ 862,177 Apron Requirement [D] $ 197,717 Total Gate Use Fee Requirement [E=C+D] $ 1,059,894 Total Annual Commercial Passenger Operations Average Signatory Gate Use Fee Per Operation Average Non -Signatory Gate Use Fee Per Operation All Gate Signatory Operations All Gate Non -Signatory Operations All Gate Signatory Revenues All Gate Non -Signatory Revenues Total Gate Revenues [F] 5,616 [G=E/F] $ 188.74 [H] $ 235.92 [I] 200 [J] 24 [K= G*I] $ 37,748 [L=H*J] $ 5,662 [M=K+L] $ 43,410 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 12 of 16 79 7/22018 EXHIBIT G (for illustrative purposes only) CORPUS CHRISTI INTERNATIONAL AIRPORT CALCULATION OF NET REVENUE AVAILABLE TO SHARE (Fiscal Years Ending September 30) Budget 2017-18 Revenue: Net Landing Fee Revenue (before subsidy) $ 1,738,439 Apron Fee Revenue 197,717 GSE Storage Fee Revenue 16,131 Terminal Rental Revenue (before subsidy) 2,802,782 Non -Airline Revenue: Airfield 411,425 Apron Fee Revenue 1,000 Terminal Building & Area 1,084,204 Parking and Ground Transportation 4,022,303 Aviation 563,364 Non -Aviation 161,774 Non Operating Revenue 23,050 Interfund Contributions 70,806 Total Revenue [A] $ 11,092,994 Operating Expense: Airfield $ 1,788,449 Apron 198,717 Terminal Building & Area 3,781,782 Parking & Ground Transportation 1,679,967 Aviation 426,332 Non -Aviation 436,192 Total Operating Expense Debt Service: Airfield Terminal Building & Area Parking & Ground Transportation Other Total Debt Service Total Airport Capital Expense Total Expense (including Debt Service) Amount Available to Share (after local CIP match) Terminal Upgrade Reserve [B] $ 8,311,439 $ 377,545 148,615 56,180 49,261 [C] $ 631,601 [D] $ 1,083,333 [E=B+C] $ 8,943,040 [F=A -D -E] $ 1,066,621 [G] $ Adjusted Available to Share [H=F-G] $ 1,066,621 2018 CRP Financial Madel - 30 FINAL v2 - Exhibit G.xlsx Page 13 of 16 80 7)2/2018 EXHIBIT G (for illustrative purposes only) COST PER ENPLANED PASSENGER CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Revenue: Landing Fees 1,205,286 Terminal Rentals 2,269,314 Apron Revenue 197,717 GSE Storage 16,131 Total Airline Revenue [A] $3,688,447 Enplaned Passengers [B] 343,176 Cost per Enplaned Passenger [C=A/B] $10.75 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 14 of 16 81 7/2/2018 $ 1,548,379 I $ 2,483,161J EXHIBIT G (for Illustrative purposes only) AIRLINE RATES SUMMARY (Fiscal Years Ending September 30) Landing Fee (per 1,000 16s,) American Southwest United Charters CORPUS CHRISTI INTERNATIONAL AIRPORT Budget 2017-18 Landed Weight 133,877 $ 166,712 $ 97,791 $ 5,266 $ Rate 2.99 $ 2.99 $ 2.99 $ 2.99 $ Total 399,756 497,802 292,003 15,725 'Total Landing Fees 403,646 $ 1,205,286 Terminal Rent !Exclusive/Preferential Ticket Counter/Ar0/85O/queueing/Bag Belt. American Southwest United Vacant Ops: American Southwest United Holdroom: American Southwest United Vacant Apron: American Southwest United G5E Storage: American Southwest United S.F. Rate Total 1,751 $ 88.97 $ 155,762 2,878 $ 88.97 $ 256,004 2,237 $ 88.97 $ 198,995 6,874 $ 88.97 448 $ 88.97 $ 39,840 419 $ 88.97 $ 37,277 601 $ 88.97 $ 53,469 2,064 $ 88.97 $ 183,656 2,293 $ 88.97 $ 204,044 2,310 $ 88.97 $ 205,485 3,023 $ 88.97 31,774 $ 1.62 $ 51,619 28,036 $ 1.62 $ 45,548 61,892 $ 1.62 5 100,549 2,427 $ 1.62 $ 3,943 3,684 $ 1.62 $ 5,985 3,818 $ 1.62 $ 6,203 'Total Exclusive/Preferential 156,528 Point Use Bag Claim Public: American Southwest United Unscheduled Total Bog Claim Public Bag Claim Tunnel: American Southwest United Unscheduled Total Bog Claim Tunnel Security Checkpoint: American Southwest United Unscheduled Total Security Checkpoint S.F. Percentage Total Using 10074 Joint Use Scenario 37.1% $ 135,375 34.2% $ 124,925 28.0% $ 102,052 0.7% $ 2,592 4,102 $ 88.97 $ 364,945 37.1% $ 62,704 34.2% $ 57,864 28.0% $ 47,269 0.7% $ 1,201 1,900 $ 88.97 $ 169,038 37.1% $ 148,675 34.2% $ 137,199 28.0% $ 112,078 0.7% $ 2,847 4,505 5 88.97 $ 400,799 (Total Joint Use 10,507 $ 88.97 $ 934,782 Notal Exclusive/Preferential & Joint Use Fees 167,035 2018 CRP Financial Ma • >0 FINAL G xlsa Page 15 of 16 82 7nn018 EXHIBIT G (for Illustrative purposes only) AIRLINE RATES SUMMARY (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Summary by Airline: (landing Fees: American Southwest United Unscheduled !Exclusive/Preferential: American Southwest United Vacant Total Preferential Joint Use: American Southwest United Unscheduled Total Joint Use Budget 2017-18 $ 399,756 $ 497,802 $ 292,003 $ 15,725 $ 1,205,286 $ 434,819 $ 548,859 $ 564,701 $ 1,548,379 $ 346,754 $ 319,988 $ 261,400 $ 6,640 $ 934,782 (Total Landing & Terminal Rental Fees $ 3,688,447 Amounts may not add due to rounding. Source: Airport management records 21,15 CRP Fina,c.a uoax. 31, FINAL v2. E.hien a,w Pape 16 0116 83 „=515 SC 0 v AGENDA MEMORANDUM N6gPVRNZEp First Reading Item for the City Council Meeting of September 18, 2018 zS52 Second Reading Item for the City Council Meeting of September 25, 2018 DATE: August 27, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year Airline Use and Lease Agreement with Southwest Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. PURPOSE: Southwest, United, and American Airlines currently operate out of Corpus Christi International Airport (CCIA). A signatory airline use and lease agreement (AULA) is required for and details the terms and conditions for operation at CCIA. In addition, the AULA provides specifics on responsibilities and calculations of the rates and charges to the airlines. BACKGROUND AND FINDINGS: The 2014 Airline Use and Lease Agreement First Amendment between the City of Corpus Christi / Corpus Christi International Airport(CCIA)and United Airlines expired on September 30, 2017. Negotiations began in early January of 2017 with the expressed intent to have a new agreement in place by October 1, 2017. As a result of changes in some airline property managers, internal review processes and new terms and conditions, the finalization of an agreement was significantly delayed beyond September 30, 2017. The existing agreement has a "hold-over" provision that keeps operations going until a new agreement is executed. Negotiation sessions included Airport Senior Staff, City Attorney Staff along with Trillion Aviation ("Airport Team") and resulted in a successfully negotiated three-year agreement with the three airlines serving CCIA. The three-year agreement reflects several modifications and terms that will benefit CCIA over the next few years. Following is brief recap of the major provisions/revisions of the agreement: 1. Cost recovery financial model. Includes a rates and charges model so that the fees billed to the airlines are determined based on actual costs and not predetermined set rates. This ensures proper allocation collection from the airlines. 2. Residual terminal cost center. The methodology for determining rental rates ensures that vacant space is paid for by the airlines (e.g., an unused gate) and the cost is not borne by the airport. 3. Revenue share control. Annually, the airport director at his discretion determines how much non-airline revenue is shared with the airlines to apply towards the airline rates. 4. Term flexibility. Airport has set a term and option period structure that allows flexibility for the airport to modify or renegotiate the agreement if a new entrant's incentives expire and a different methodology needs to be considered. CCIA Staff continues to work on additional service level plans with current carriers and from potential new entrants. As the airline environment continues to evolve, CCIA will continue to explore terms and conditions that will benefit our community and customers. ALTERNATIVES: No viable alternatives exist at this time. OTHER CONSIDERATIONS: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $943,899 $943,899 Encumbered / -Expended Amount This item (additional revenue) $390,432 $390,432 BALANCE $1,334,331 $1,334,331 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of amendments to the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Southwest and American -Original Lease Agreements Ordinance authorizing a three-year airline use and lease agreement with Southwest Airlines to be effective as October 1, 2017, with one two-year option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a three-year signatory airline use and lease agreement with Southwest Airlines, Inc., with one two-year option to extend, and the agreement is ratified to be effective for all intents and purposes as of October 1, 2017. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its purpose. 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 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 this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Signatory Airline Use and Lease Agreement For Corpus Christi International Airport BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWEST AIRLINES, CO. OCTOBER 1, 2017 TABLE OF CONTENTS ARTICLE 1: DEFINITIONS ...................................................................................................................2 ARTICLE 2: EFFECTIVE DATE............................................................................................................7 ARTICLE3: TERM................................................................................................................................7 ARTICLE4: PREMISES .......................................................................................................................8 ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES...........................................................................................................................................9 ARTICLE 6: CAPITAL IMPROVEMENTS........................................................................................... 19 ARTICLE 7: RENTALS, FEES, AND CHARGES................................................................................20 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES ...................................29 ARTICLE 9: SIGNATORY AIRLINE IMPROVEMENTS......................................................................31 ARTICLE 10: DAMAGE OR DESTRUCTION .....................................................................................33 ARTICLE 11: INDEMNIFICATION AND INSURANCE .......................................................................35 ARTICLE 12: TERMINATION BY CITY ..............................................................................................37 ARTICLE 13: TERMINATION BY SIGNATORY AIRLINE ..................................................................40 ARTICLE 14: SURRENDER OF SIGNATORY AIRLINE PREMISES.................................................41 ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS ....................................................42 ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES................................................................44 ARTICLE 17: GOVERNMENT INCLUSION........................................................................................45 ARTICLE 18: GENERAL PROVISIONS .............................................................................................47 LIST OF EXHIBITS A Airport Layout B Leased Premises C (Reserved) D Designation of Responsibilities for Operation and Maintenance E Monthly Statistical /Activity Report F (Reserved) G Rentals, Fees and Charges — Demonstrative Illustration Calculation Example THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, a municipal corporation and political subdivision of the state of Texas, hereinafter referred to as "City," and Southwest Airlines, Co., a corporation organized and existing under the laws of the state of Texas and authorized to do business in the state of Texas, hereinafter referred to as "Signatory Airline." WHEREAS, City is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport"; WHEREAS, City is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, City has the right to lease and license the use of property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Signatory Airline is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and/or cargo; WHEREAS, Signatory Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and City is willing to grant and lease the same to Signatory Airline upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by City and the use and occupancy of Airport by Signatory Airline, and this Agreement is responsive to and in accordance with that intent, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Signatory Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: 1 ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Affiliate Airline means any Air Transportation Company that (i) operates flights under the designator code of a Signatory Airline, as designated in writing by Signatory Airline from time to time; (ii) operates under essentially the same trade name, or uses essentially the same livery, as Signatory Airline at the Airport; or (iii) is controlling, controlled by, or under common control with Signatory Airline. Designated Affiliate Airline shall have the rights afforded Signatory Airline without payment of any additional charges or premiums provided: (a) Signatory Airline remains a signatory to this Agreement; (b) Signatory Airline agrees and shall be obligated to serve as a financial guarantor for all rents, fees, and charges incurred by the Affiliate Airline on behalf of that particular Signatory Airline and that Signatory Airline has designated the Affiliate Airline to operate on its behalf at the Airport; and (c) the Affiliate Airline has executed an Operating Agreement with City. Agreement means this Signatory Airline Use and Lease Agreement between City and Signatory Airline, as the same may be amended or supplemented from time to time. Air Transportation Company means a company engaged in the business of scheduled or non-- scheduled commercial transportation by air of persons, property, mail, and/or cargo. Airfield means the runways, taxiways, taxilanes, Apron Area, and all other pavement used for the servicing and parking of aircraft and equipment. Airline Airport Affairs Committee (AAAC) means collectively the authorized representatives of each Signatory Airline which shall meet or conduct conference calls from time to time with representatives of the City to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. Airport means the Corpus Christi International Airport, owned and operated by the City, the boundaries of which are more particularly shown on Exhibit "A", attached hereto and made a part hereof, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by City, less any thereof which may be consumed, sold or otherwise disposed of. 2 Airport Requirement means, for any Fiscal Year, the City's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by passenger facility charges ("PFCs") and/or grants; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any City-owned or operated Airport-related facility payable by the City during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; (5) the amount, less grants, required to fund any eligible Capital Improvement on the Airport; and (6) any and all other sums, amounts, charges, or requirements of City related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under City's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1) through (6) that are (i) chargeable to a special facility, (ii) a direct charge to less than all Air Transportation Companies as a result of the terms of this Agreement, or (iii) incurred in connection with a tenant improvement. Apron Area means those parts of the aircraft parking area immediately adjacent to the Terminal, as designated by the City, that are used for the parking of aircraft and active ground service equipment, and the loading and unloading of aircraft as shown on Exhibit "B", attached hereto and made a part hereof. BIDS means the Baggage Information Display System. Bonds means any financing or debt instrument or obligation of the City issued for the purposes of improving the Airport. Capital Improvement means the Net Capital Cost to acquire, purchase or construct capital item(s) or project(s) for the purpose(s) of improving, maintaining, or developing the Airport including expenses for development, design, permitting, construction management, analysis, review or planning efforts with a cost greater than one hundred thousand dollars (>$100,000). 3 Capital Improvements must be amortized over the useful life of the asset. Debt Service means that portion of the principal and interest due on debt obligations created by the Master Bond Ordinance and all other Airport debt obligations. Deplaned Passenger means any passenger disembarking from an Air Transportation Company aircraft at the Terminal. Director means the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized by City or by the Director or applicable law to act for the Director with respect to any or all matters pertaining to this Agreement. Enplaned Passenger means any passenger boarding an Air Transportation Company aircraft at the Terminal. Exclusive Use Premises means those portions of the Terminal consisting of the airline ticket offices, operations space, and any baggage service office leased by Signatory Airline in the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have exclusive use. FAA means the Federal Aviation Administration, or its authorized successor(s). Fiscal Year means the annual accounting period of City for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of October of any year. Gate Use Fee means the per turn facility use charge assessed to an Air Transportation Company for the ad hoc use of a gate holdroom and associated Apron Area. This fee is not applicable for use by Signatory Airline of its leased gate holdroom(s) and associated Apron Area(s). Such fees shall be derived annually based on an airport wide metric of total gate holdroom space and Apron Area times the applicable rental rates and then divided by the total commercial passenger airline operations. Joint Use Premises means the areas in the Terminal consisting of the baggage claim, tug drive, and security check areas as shown on Exhibit "B" which all Signatory Airlines use and share in the cost per the Joint Use Charges Formula. 4 Joint Use Charges Formula means that formula which prorates the total cost of Joint Use Premises among all Signatory Airlines based upon one hundred percent (100%) of each Signatory Airline's (and its Affiliate Airlines) proportionate share of Enplaned Passengers. Leased Premises means collectively, Signatory Airline's leased Exclusive Use Premises, Preferential Use Premises and Joint Use Premises as shown on Exhibit "B". Master Bond Ordinance means City's master bond ordinance number 024163 or any successor master bond ordinance that authorizes City to issue bonds or other debt instruments for the benefit of the Airport. Maximum Gross Landed Weight means the maximum certificated gross landing weight, as stated in each Air Transportation Company's flight operations manual, at which each category of aircraft type operated at the Airport by each Air Transportation Company is certificated by the FAA. MUFIDS means Multi-User Flight Information Display System. Net Capital Cost means the aggregate cost of any Capital Improvement less amounts used from the proceeds of: (i) grants-in-aid; (ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) other financing by City for which the Debt Service will not be paid from Rentals, Fees, and Charges. Non-Signatory Airline means any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement and such Non-Signatory Airline shall pay one hundred twenty five percent (125%) of all applicable Rentals, Fees, and Charges. Operating Agreement means an agreement entered into by and between any designated Affiliate Airline, or any ground handling company acting on behalf of Signatory Airline, operating at the Airport and the City that shall define the operational and liability requirements between the parties consistent with the terms and conditions of this Agreement. 5 Operation and Maintenance Expenses (or "O&M Expenses") means, for any Fiscal Year, the costs incurred by the City in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar, which under generally accepted accounting principles, are properly chargeable as expenses to the Airport, including expenses allocated to the Airport by the City in accordance with practices and procedures of the City in accordance with the adopted budget, as may be revised by the City, and taxes payable by the City, if applicable, which may be lawfully imposed upon the Airport by entities other than the City. Preferential Use Premises means those portions of the Terminal consisting of the ticket counters and allocated queue space, the baggage make-up belt and support space, gate holdrooms, ground service equipment ("GSE") storage area, and Apron Area leased by Signatory Airline in or adjacent to the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have priority over all other users. Rentals, Fees, and Charqes means the rentals, fees, and charges payable by Signatory Airline pursuant to Article 7. Revenue Landing means any scheduled aircraft landing by an Air Transportation Company at the Airport for which Air Transportation Company makes a charge or for which revenue is derived for the transportation by air of persons, property, cargo or mail, but Revenue Landings shall not include Air Transportation Company's training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency or precaution. Revenues means income accrued by the City in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Airport or any part thereof, or the leasing or use thereof but specifically excluding: (a) non- operating income (and receipts) from the sale of assets or the amount from insurance claims, (b) federal, state or local grants-in-aid or reimbursements, and (c) PFCs. Signatory Airline means an Air Transportation Company that has executed this Agreement or a substantially similar agreement. Term means the period beginning on the Effective Date and, except as otherwise set forth 6 herein, terminating on the date set forth in Article 3. Terminal means the airline passenger terminal building owned and operated by City at the Airport. Terminal Equipment means all equipment provided and maintained by the City that is used by the Signatory Airline in the processing of Enplaned Passengers and Deplaned Passengers. Terminal Equipment includes MUFIDS, BIDS, baggage claim system, podium back wall screens, passenger loading bridges and gate baggage handling devices, supplemental power systems, and the public address system. The Terminal Equipment is subject to change during the Term of this Agreement. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. Singular means plural and vice versa, in context. ARTICLE 2: EFFECTIVE DATE 2.01 Effective Date. The Effective Date of this Agreement is October 1, 2017. 2.02 Termination of Prior Agreement. On the Effective Date, the Signatory Airline Use and Lease Agreement dated August 1, 2009, as amended, between Signatory Airline and City shall terminate. However, any terms, conditions or provisions specifically intended to survive the expiration or termination of that agreement shall continue in effect. ARTICLE 3: TERM 3.01. The Term of this Agreement begins on the Effective Date set forth in Article 2 and shall remain in effect for a period of three (3) years, terminating at 11:59 pm on September 30, 2020, subject to earlier termination as herein provided. 3.02. Upon expiration of the Term or the "extension period" under 3.03, if applicable, any occupancy of the Leased Premises by Signatory Airline will be considered a "holdover tenancy" and operate as a month-to-month tenancy under the same terms and conditions in this Agreement, except for Rentals, Fees and Charges. Unless the parties are engaged in good faith negotiations as reasonably determined by City, City shall have the right to establish and implement holdover Rentals, Fees, and Charges in accordance with FAA's "Policy Regarding Airport Rates and Charges", upon thirty calendar days written notice from the Director. 3.03. So long as Signatory Airline is not in default of any terms of this Agreement, the Term of this Agreement may be extended for one (1) two-year "extension period" from October 1, 2020 through September 30, 2022. To extend, the City first shall give written notice to Signatory Airline of City's intent to extend the Agreement no less than six (6) months prior to the expiration of the Term of this Agreement. If Signatory Airline is willing to extend, Signatory Airline will provide the City written notice of Signatory Airline's intent within thirty (30) calendar days from receipt of the City's notice of intent to extend. Unless a majority of Signatory Airlines (majority, as measured both by number of Signatory Airlines and by total enplanements of the Signatory Airlines over the immediately preceding twelve month period from the written notice) specifically withhold concurrence to extend, this Agreement shall continue for the above designated extension period. If a majority of Signatory Airlines provide notice of intent to extend, but Signatory Airline does not provide prompt written notice of its intent to extend, then Signatory Airline will have no obligation to extend the Agreement and will continue as a holdover tenant on a month to month basis. Such Signatory Airline shall pay Rentals, Fees and Charges as a Non- Signatory Airline for the entire extension period. City shall provide written notification of the resulting Term extension, or lack thereof, to all Signatory Airlines. ARTICLE 4: PREMISES 4.01 Signatory Airline's Leased Premises. A. City does hereby lease and demise to Signatory Airline, and Signatory Airline does hereby lease and accept from City, the Leased Premises, as may be modified from time to time, as set forth in Exhibit "B". B. Any relocation or square footage changes to Signatory Airline's Exclusive Use Premises or Preferential Use Premises made by Signatory Airline after commencement of this Agreement requires the prior written approval of the Director. After approval, Signatory Airline will submit plans prior to the commencement of the change as well as "as-built" drawings following completion. Upon completion and acceptance by the Director, the changes shall be evidenced by an amendment to this Agreement with revised exhibits. C. In the event that changes to Exhibit "B" are made to reflect changes in the Leased 8 Premises other than those contemplated in Section 4.01 B above, then revised exhibits may be substituted herein without the necessity for formal amendment of this Agreement. D. Terminal Equipment owned or acquired by City for use by Signatory Airline in Signatory Airline's Leased Premises shall be maintained by the City and remain the property and under the control of the City. The cost of providing and maintaining Terminal Equipment shall be included in the O&M Expenses. 4.02 Employee Parking. City will make available area(s) at the Airport, which location may be adjusted from time to time at the sole discretion of the Director, for vehicular parking for Signatory Airline's employees based at the Terminal; provided however, such area(s) shall not be used for the storage of vehicles or trailers, or for parking when the employee is traveling for leisure. The City may establish and charge Signatory Airline a reasonable parking fee for all employee parking. Employee parking permits are for Signatory Airline's employees use only and are not transferable. 4.03 International Arrivals Facility. City has developed an international arrivals facility in the Terminal to be used by agencies of the United States Government, based upon demand, for the inspection of passengers and their baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. The gate holdroom area used for international passengers is used for domestic flights when not used for international arrivals. Any revenues collected for the international arrival uses of the gate holdroom area will be credited to the Terminal requirement in Article 7. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 Signatory Airline Rights and Privileges. Subject to the terms of this Agreement, Signatory Airline shall have the right to conduct Signatory Airline's air transportation business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A. The landing, taking off, flying over, taxiing, towing, and conditioning of Signatory Airline's aircraft and, in areas designated by City, the extended parking, servicing, loading or unloading, storage or maintenance of Signatory Airline's aircraft and support equipment subject to Sections 5.01.F, 5.01.G, and 5.02.C, subject to the availability of space, and to such reasonable charges 9 and regulations as City may establish; provided, however, Signatory Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Signatory Airline which exceeds the load bearing design strength or capability of the Airfield as described in the then-current FAA- approved Airport Layout Plan ("ALP") or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual, except in emergencies affecting human life. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by Signatory Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of Signatory Airline's air transportation business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by Signatory Airline of its air transportation business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The City reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of Signatory Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, Signatory Airline shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to Signatory Airline, (ii) an Air Transportation Company which is a wholly owned subsidiary or Affiliate Airline of Signatory Airline or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from Signatory Airline. Signatory Airline may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel, or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E. The purchase at the Airport or elsewhere, of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Section 5.01.D and to the City's right to require that each provider of services and/or supplies to Signatory Airline secures a permit from City to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by City. No discriminatory limitations or restrictions shall be imposed by City that interfere with such purchases; provided, however, nothing herein shall be 10 construed to permit Signatory Airline to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Signatory Airline and City. F. The servicing by Signatory Airline or its suppliers of aircraft being utilized at the Airport by Signatory Airline at Signatory Airline's Preferential Use Premises or such other locations as may be designated by the Director. Servicing at the Preferential Use Premises shall be limited to light maintenance supporting active flights. Maintenance on aircraft for flights that have been cancelled due to mechanical reasons may, at the discretion of the Director, be required to be towed away from the Terminal to a location designated by the Director. G. The loading and unloading of persons, property, cargo, and mail by motor vehicles or other means of conveyance approved by City on Signatory Airline's Exclusive Use Premises and Preferential Use Premises or such other locations as may be designated by the Director. H. The installation and maintenance, at Signatory Airline's expense, of identifying signs in Signatory Airline's Preferential Use Premises shall be subject to the prior written approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Signatory Airline's installation on the walls behind ticket counters identification and company logo signs as are customarily installed by Signatory Airline in such areas at comparable airport facilities. Signatory Airline shall not install any promotional signage in the Preferential Use Premises without the prior written consent of the Director. I. The installation, maintenance and operation, at no cost to City, of such radio communication, computer, meteorological and aerial navigation equipment and facilities in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as may be necessary for the operation of its air transportation business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director, which shall not be unreasonably withheld. City shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of Signatory Airline's Exclusive Use Premises or Preferential Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. City may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by City, other tenants, or 11 governmental agencies. Upon abandonment or removal of any such system, Signatory Airline shall restore the Exclusive Use Premises or Preferential Use Premises or any other premises where the equipment is installed to its original condition, normal wear and tear excepted. J. Such rights of way as may reasonably be required by Signatory Airline for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not leased by Signatory Airline, subject to the availability of space and/or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays (or otherwise properly supported) and shall be in compliance with all applicable building codes. Communication cable and internal electrical wires are the responsibility of Signatory Airline from the demarcation point and electrical wiring is the responsibility of Signatory Airline from the metered source. K. Signatory Airline shall provide real time electronic flight arrival and departure information through the City-installed MUFID and BID systems or by any other method to which Signatory Airline and the City agree. L. Signatory Airline shall have the right to use, in common with others so authorized, the public address system serving the Terminal. Signatory Airline shall not install, cause to be installed, or use any other public address system at the Terminal without the prior approval of City. The City reserves the right to establish a charge for the use of such system. M. The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self-ticketing machines in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as Signatory Airline may deem necessary or prudent for the operation of its air transportation business. Title to such personal property shall remain with Signatory Airline, subject to the provisions of this Agreement. N. Signatory Airline shall have the right to ingress to and egress from the Airport and Signatory Airline's Leased Premises for Signatory Airline's officers, employees, agents and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the City's right to establish rules and regulations governing (i) the general public, including Signatory Airline's passengers, and (ii) access to non- public areas at the Airport by Signatory Airline's employees, suppliers of materials and furnisher 12 of services; provided, however, any such rules and regulations of the City shall not unreasonably interfere with the operation of Signatory Airline's air transportation business. Further, the City reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and as necessary, the City shall ensure the availability of a reasonably equivalent means of ingress and egress. The City will consult with Signatory Airline prior to any such closing which would adversely affect Signatory Airline's operations at the Airport unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. Signatory Airline hereby releases and discharges the City, its successors and assigns, from any and all claims, demands or causes of action which Signatory Airline may have arising from the fact that such areas have been closed. O. The rights and privileges granted to Signatory Airline pursuant to this Article 5 may be exercised on behalf of Signatory Airline by other Signatory Airlines, Affiliate Airlines, or contractors authorized by City to provide such services at the Airport, subject to the prior written approval of City and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing Signatory Airline to conduct any business separate and apart from the conduct of its air transportation business at the Terminal. Signatory Airline shall not use or permit the use of any portion of Signatory Airline's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, food and beverages, products, services, or advertising that directly competes with an authorized Airport concession except for vending machines in Signatory Airline's Exclusive Use Premises not accessible to public and nothing contained herein is intended to or shall be construed to authorize or permit the Signatory Airline to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the City of concession fees. However, payment of a concession fee will not be required from Signatory Airline and approval of the Director will not be required when (i) an authorized ground handling company services Signatory Airline pursuant to this Agreement, or (ii) Signatory Airline provides complimentary light snacks and bottled water to its passengers at the Airport under the following terms and conditions: in the event of certain extraordinary irregular operations (1) where 13 Signatory Airline has a designated flight "delay" program to provide complimentary light snacks and bottled water to its passengers, or (2) where the normal food and beverage concessionaire(s) operating in the Terminal on a regular basis is unable to provide food and beverage services, then Signatory Airline shall have the right to provide complimentary light snacks and bottled water to its passengers within the Signatory Airline's Preferential Use Premises. B. Signatory Airline shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Signatory Airline shall not engage in any activity prohibited by any future approved 14 CFR Part 150 program, or existing noise abatement procedures of FAA or as such may be amended from time to time, except in cases of emergencies or safety concerns. C. As soon as possible after release from proper authorities, Signatory Airline shall remove any of its disabled aircraft from the Airfield, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, Signatory Airline shall be requested to remove such disabled aircraft from Signatory Airline's Preferential Use Premises only if deemed necessary in accordance with Article 16. In the event Signatory Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give Signatory Airline prior written notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. Signatory Airline shall pay to City, upon receipt of invoice, the costs incurred for such removal. D. Signatory Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Signatory Airline act, or failure to act, shall cause cancellation of any policy, then Signatory Airline shall immediately, upon notification by City, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Signatory Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether 14 such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the City's insurance premium for the Airport, Signatory Airline shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from City to do so and after a sixty (60) calendar day period for Signatory Airline to contest the increase. E. City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Signatory Airline's Preferential Use Premises or Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Signatory Airline's operations authorized hereunder or substantially diminish the square footage contained in Signatory Airline's Preferential Use Premises or Joint Use Premises. City may also, at its sole option, install pay telephones, facsimile machines, or other self-service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use Premises shall be with Signatory Airline's prior consent, which consent shall not unreasonably be withheld or delayed. City shall be entitled to all income generated by such telephones and devices and to reasonable access upon Signatory Airline's Preferential Use Premises to install or service such telephones and devices. City reserves the right to install such devices in Preferential Use Premises or Joint Use Premises provided the installation does not disrupt passenger access. City will not install any advertising on Signatory Airline's ticket counter backwall or holdroom gate podium backwall. F. Signatory Airline must comply with, and require its officers and employees, contractors, and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by City including, but not limited to, health, safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by City. Signatory Airline will not do or authorize to be done anything that may interfere with the effectiveness of the drainage and sewage system, water system, communications system, fire protection system, or other part of the utility, electrical or other systems installed or located from time to time at the Airport. G. Signatory Airline must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director. If requested by City, Signatory Airline must restrict all such activities to certain hours established by the Director so as to not unreasonably interfere with scheduled flight activities of other Air Transportation Companies using the Airport. 15 H. Signatory Airline must comply with all requirements of the Americans with Disabilities Act ("ADA"), as it may be amended, including without limitation paying for the cost of removing all of Signatory Airline's tenant improvement barriers within Signatory Airline's Exclusive Use Premises or Preferential Use Premises, necessary to gain access to the Signatory Airline's Exclusive Use Premises or Preferential Use Premises. I. Signatory Airline may use Terminal Equipment within Signatory Airline's Leased Premises. Signatory Airline shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, Signatory Airline shall indemnify the City from any and all claims for damages made against the City due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by Signatory Airline, its agents, employees, or officers. The City shall conduct maintenance on the Terminal Equipment so as to keep it in proper working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the City's responsibility. If damage is caused by Signatory Airline's negligence or inappropriate use of the Terminal Equipment, the City will repair or replace the Terminal Equipment and charge Signatory Airline for such repair or replacement. J. The rights and privileges granted Signatory Airline pursuant to this Article 5.01 and Article 5.02 shall be subject to any and all reasonable rules and regulations established by City and to the provisions of Article 7. In case of a conflict between provisions of this Agreement and the Airport rules and regulations, the provisions of this Agreement shall prevail and control. K. Any and all rights and privileges not specifically granted to Signatory Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to City. 5.03 City's Operation and Maintenance Obligations. A. City shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation or repair shall be Signatory Airline's obligation pursuant to Exhibit "D", attached hereto and made a part hereof. B. City shall use reasonable efforts to keep the Airport and its aerial approaches free from 16 ground obstruction for the safe and proper use thereof by Signatory Airline. C. City shall not be liable to Signatory Airline for temporary failure to furnish all or any of such services to be provided in accordance with Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of City. City shall use commercially reasonable efforts to i) ensure the good repair of the Airport and the services described in Exhibit "D"; and ii) eliminate a failure thereof in order to minimize the effect to Signatory Airline as soon as possible. D. City shall maintain Terminal Equipment, pursuant to Exhibit "D", and striping for ground service equipment locations at the Preferential Use Premises. 5.04 Signatory Airline's Operation and Maintenance Obligations. A. Signatory Airline shall, at all times and at its own expense, preserve and keep Signatory Airline's Exclusive Use Premises and Preferential Use Premises in an orderly, clean, neat and sanitary condition in accordance with Signatory Airline's obligations pursuant to Exhibit "D." B. Signatory Airline shall maintain, at its own expense, its Exclusive Use Premises and Preferential Use Premises as free as possible of any release of fuel, oil and debris. Signatory Airline agrees to comply with all applicable environmental laws, rules, regulations, orders and/or permits applicable to Signatory Airline's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and/or disposal of hazardous or regulated substances (as such terms are defined under applicable law). Signatory Airline must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over Signatory Airline's operations on or near the Airport. If Signatory Airline determines at any time through any means that any threat of any potential harm to the environment, resulting from any release, discharge, spill, or deposit of any hazardous or regulated substance, has occurred or is occurring as a result of Signatory Airline's operations, which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Signatory Airline must provide notice as soon as reasonably possible by verbal report in person or by telephone, to be promptly confirmed in writing to, (1) the Director, (2) the Airport's Public Safety Office, and (3) emergency response 17 centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report where required by law. Signatory Airline agrees to cooperate fully with the City in promptly responding to, reporting, and remedying any threat of potential harm to the environment, resulting from any release or threat of release of hazardous or regulated substance from Signatory Airline's operations into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Signatory Airline will undertake all required remediation and all costs associated therewith, resulting from Signatory Airline's action or inaction which is directly or indirectly responsible for any failure of the Signatory Airline to materially conform to all applicable environmental laws, rules, regulations, orders and/or permits. The rights and obligations set forth in this section survive the termination of this Agreement. C. Signatory Airline shall maintain the heating ventilation and air conditioning system from the supply point which is the point at which the supply enters the Signatory Airline's Exclusive Use Premises and continuing throughout the Signatory Airline's Exclusive Use Premises. Signatory Airline must maintain electric loads within the designed capacity of the Airport's electrical system. Signatory Airline shall maintain fixtures, equipment, and the interior non-structural portions of its Exclusive Use Premises in good condition, normal wear and tear excepted and perform all ordinary repairs and inside painting of the Exclusive Use Premises. Such repairs and painting by Signatory Airline shall be of a quality similar to the original material and workmanship. D. Signatory Airline may dispose of routine daily trash in the City provided trash container without additional charge. However, Signatory Airline must dispose of non-routine daily trash, including without limitation, construction debris and other waste materials-including petroleum products, either directly or through an approved and permitted independent contractor. E. Signatory Airline will provide and maintain hand fire extinguishers for all Exclusive Use Premises in accordance with applicable safety codes. F. Signatory Airline will repair, at its cost, or at City's option reimburse City for the cost of repairing, replacing, or rebuilding any damages to Signatory Airline's Leased Premises caused by the acts or omissions of Signatory Airline, its sub lessee, or its or their respective officers, 18 employees, agents, contractors, or business invitees, including without limitation customers. Any repairs made by Signatory Airline are subject to inspection and approval by City. G. Signatory Airline may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. Signatory Airline must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. City may remove any unauthorized material or displays that are placed on the Airport without the Director's prior written approval. H. Should Signatory Airline fail to perform its material obligations hereunder, the City shall have the right to enter the Signatory Airline's Leased Premises and perform such activities; provided, however, other than in a case of emergency, the City shall give to Signatory Airline reasonable advance written notice of non-compliance, a minimum of ten (10) calendar days, prior to the exercise of this right. If such right is exercised, Signatory Airline shall pay to the City, upon receipt of invoice, the cost of such services plus a fifteen percent (15%) administrative fee. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of City and Signatory Airline set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in Exhibit "D". ARTICLE 6: CAPITAL IMPROVEMENTS 6.01 General. A. It is contemplated by the parties that from time to time during the Term of this Agreement, the City may undertake Capital Improvements to the Airport. B. In conjunction with submission of its annual budget, Director will notify Signatory Airline of its proposed Capital Improvements, including a sources and uses of funds plan for the ensuing Fiscal Year and City's estimates of the effect of such Capital Improvements on the Rentals, Fees, and Charges paid by Signatory Airlines. It is expressly acknowledged that Exclusive Use Premises are ineligible for certain funding sources, such as PFCs, and as such that any Capital Improvement costs impacting the Exclusive Use Premises will be funded through Rentals, Fees, and Charges paid by Signatory Airlines. 19 C. The City agrees, at the written request of the AAAC, to meet collectively or conduct a conference call with the Signatory Airlines within thirty (30) calendar days after notification to Signatory Airline of said annual budget to further discuss the Capital Improvements. City agrees to consider the comments and recommendations of the AAAC with respect to said Capital Improvements. 6.02 Grants-In-Aid. City will use its best efforts to obtain maximum development grants-in-aid federal funding. ARTICLE 7: RENTALS, FEES, AND CHARGES Signatory Airline shall pay City rentals for use of Signatory Airline's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement ("Rentals, Fees, and Charges"). For each Fiscal Year, the Rentals, Fees, and Charges payable by all Signatory Airlines and their designated Affiliate Airlines for the Airfield, Apron Area, and Terminal shall be calculated as set forth below. Exhibit "G", attached hereto and made a part hereof, provides a demonstrative illustration example of the Rentals, Fees and Charges calculations as described further in Article 7. The City shall notify the Signatory Airlines for each Fiscal Year of the actual Rentals, Fees, and Charges pursuant to Article 8. 7.01 Landing Fees. Signatory Airline shall pay to City fees for Revenue Landings at the Airport. Signatory Airlines' landing fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Airfield, excluding the Apron Area and designated GSE storage area, minus any adjustments due to allocated credits (e.g., Non-Signatory Airlines' landing fees) and Airport discretionary revenue applied. These landing fees will be determined as the product of the associated landing fee rate and all Signatory Airlines' total landed weight. A Signatory Airline's total landed weight shall be determined as the resulting product of the Maximum Gross Landed Weight of each Signatory Airline's landing aircraft times the number of Revenue Landings of each of Signatory Airline's aircraft. 7.02 Terminal Rentals. Signatory Airline shall pay to City rentals for Terminal use at the Airport. Signatory Airlines' Terminal rentals shall be calculated to include all allocated portions of the Airport Requirement associated with the Terminal minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at a Terminal requirement. The Terminal requirement will be 20 divided by the square footage of all Signatory Airlines' Leased Premises to determine the Terminal rental rate. Each Signatory Airline's Terminal rentals are a) product of the square footage of its Exclusive Use Premises and Preferential Use Premises times the Terminal rental rate, plus b) the quotient of the total Terminal revenue due associated with the Joint Use Premises divided by its proportionate share per the Joint Use Charges Formula. 7.03 Apron Area Fees. Signatory Airline shall pay to City fees for Apron Area use at the Airport. Signatory Airlines' Apron Area fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Apron Area minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at an Apron Area requirement. Each Signatory Airline's Apron Area fees are the product of the square footage of its leased Apron Area times the Apron Area rate. 7.04 GSE Storage Area Charges. Signatory Airline shall pay to City charges for GSE storage area use at the Airport. Signatory Airline shall have a designated area at which it may park"non-active" ground service equipment. The GSE storage area charges shall be based on the same per square foot rate as the Apron Area rate. Each Signatory Airline's GSE storage area charges are the product of its leased GSE storage area times the Apron Area rate. The GSE storage area is represented on Exhibit «B" 7.05 Gate Use Fees. Signatory Airline shall pay to City fees for each ad hoc use of a gate that is not preferentially leased by Signatory Airline. Signatory Airline shall report on a monthly basis its total gate uses for the previous month. 7.06 Other Fees and Charges. A. City expressly reserves the right to assess and collect the following: (1) Signatory Airline must report to City all charter flights handled or operated by Signatory Airline as follows: (i) if the charter flight is handled by Signatory Airline with its own aircraft or the aircraft of a designated Affiliate Airline in Signatory Airline's Leased Premises, Signatory Airline will pay the Signatory landing fees, Apron Area fees, and Terminal rentals for Joint Use Premises; (ii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline (on its own behalf and not on behalf of the Signatory Airline) and is handled in Signatory Airline's Exclusive Use Premises or Preferential Use 21 Premises, Signatory Airline must report the charter activity and the Non-Signatory Airline must pay the Non-Signatory Airline Terminal rentals for the Joint Use Premises; or (iii) if the charter flight is an aircraft owned and operated by a Non-Signatory Airline and handled outside Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the activity to City and the Non-Signatory Airline must pay the Non-Signatory Airline Rentals, Fees, and Charges as established by the City, subject to adjustment from time to time. (2) Reasonable and non-discriminatory fees and charges for services or facilities not enumerated in this Agreement, but provided by City including, but not limited to, Federal Inspection Services ("FIS") fee, Airport based employee vehicle parking fees, non-airport based employee/contractor parking fees, remote aircraft parking fees, security badging fees, excess GSE parking fees, security fees, and any other fee that may be adopted to recover costs as a result of the requirement to remain compliant with FAA, Department of Homeland Security, or any other governmental body that has jurisdiction over the Airport requirements. B. City reserves the right to charge Signatory Airline, its employees or contractors, a reasonable fee for identification badges provided at the Airport. C. Signatory Airline shall pay charges for other services or facilities requested by Signatory Airline and provided by City to Signatory Airline. Such services or facilities may include, but are not limited to, special maintenance of Signatory Airline's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director. D. Signatory Airline shall pay the required fees for all permits and licenses necessary for the conduct of Signatory Airline's air transportation business at the Airport. Signatory Airline shall pay all electricity, gas, and water and sewerage fees and charges for its Leased Premises, if separately metered. Signatory Airline shall also pay all taxes, assessments, and charges which, during the Term of this Agreement, may become a lien or which may be levied by the state, county, or any other tax levying body, upon any taxable interest by Signatory Airline acquired in this Agreement, or any taxable possessory right which Signatory Airline may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and/or charges on taxable property, real 22 or personal, owned by Signatory Airline in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro-ration by Signatory Airline forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and issuance of statement. However, Signatory Airline shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by Signatory Airline to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.07 Payments. A. Payments of one-twelfth (1/12) of the total annual rentals for Signatory Airline's Exclusive Use Premises and Preferential Use Premises (7.02, 7.03, and 7.04) shall be due in advance, without demand, on the first calendar day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (15th) calendar day of the month. B. Signatory Airline's landing weights activity, enplanements, and non-leased gate turns shall be reported on or before the tenth (10th) calendar day of each month following activity. City will provide Signatory Airline with an invoice within five (5) calendar days following receipt of the activity report, and payment of fees for Landing Fees (7.01), Joint Use Premises rentals (7.02) and Gate Use Fees (7.05) is due on the thirtieth (30th) calendar day of each month following the month in which such activity occurs. Said fees shall be deemed delinquent if payment is not received on the date due. C. [Reserved] D. Payment for all other fees and charges due hereunder that are subject to invoice shall be due to City within thirty (30) calendar days of the date of such invoice. E. City shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the City's estimates of activity pursuant to Section 7.07.E below or due to an audit performed pursuant to Section 7.08.D., provided however, interest at the lower of one and one-half percent (1 '/2 %) per month, or the highest rate allowable by applicable state law, shall accrue against any and all delinquent payments from the date due until the date payments are received by City. This provision shall not preclude City 23 from terminating this Agreement for default in the payment of Rentals, Fees or Charges, as provided for in Section 12.03, or from exercising any other rights contained herein or provided by law. F. In the event Signatory Airline fails to submit its monthly activity report as required, City shall estimate the Rentals, Fees, and Charges based upon the greater of one hundred twenty- five percent (125%) of the previous month's activity or the same month's prior year activity reported by Signatory Airline and issue an invoice to Signatory Airline for same. If no activity data is available, City shall reasonably estimate such activity and invoice Signatory Airline for same. Signatory Airline shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable. If such estimate results in an overpayment by Signatory Airline, City shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from Signatory Airline; provided, however, Signatory Airline shall not be entitled to any credit for interest on payments of such estimated amounts. G. In the event Signatory Airline's obligations with respect to Signatory Airline's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last calendar day of the month, Signatory Airline's Rentals, Fees, and Charges shall be prorated on the basis of the number of calendar days such premises, facilities, rights, licenses, services, or privileges were enjoyed during that month. H. All payments due and payable hereunder shall be paid in lawful money of the United States of America, without set off, by electronic funds transfer or by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Division 1000 International Drive Corpus Christi, TX 78406 7.08 Information to be Supplied by Signatory Airline. A. Not later than ten (10) calendar days after the end of each month, Signatory Airline shall file with the City a written report in the format as set forth in Exhibit "E" for activity conducted by Signatory Airline and its designated Affiliate Airline(s) during said month and for activity handled 24 by Signatory Airline for other Air Transportation Companies not having a Signatory Agreement with City providing for its own submission of activity data to City. B. City shall have the right to rely on said activity reports in determining Rentals, Fees, and Charges due hereunder; provided, however, Signatory Airline shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Section 7.07.E. C. Signatory Airline shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Section 7.07. Such records shall be retained by Signatory Airline for a period of three (3) years subsequent to the activities reported therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas, for audit and/or examination by City or its authorized representative during normal business hours. Signatory Airline shall produce such books and records at Corpus Christi, Texas, within thirty (30) calendar days of written notice to do so or pay all reasonable expenses including, but not limited to, transportation, food and lodging necessary for an auditor selected by City to audit said books and records at a place selected by Signatory Airline. D. The cost of audit, with the exception of the aforementioned expenses, shall be borne by City as O&M Expenses; provided however, the total cost of said audit shall be borne by Signatory Airline if either of the following conditions exist: (1) The audit reveals an underpayment of more than ten percent (10%) of Rentals, Fees, and Charges due hereunder, as determined by said audit; or (2) Signatory Airline has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Section 7.08.C. 7.09 Security for Payment. A. Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 25 of this Agreement, if this Agreement had been in effect during that period, Signatory Airline shall provide City on the Effective Date of this Agreement with a contract bond, irrevocable letter of credit or other similar security acceptable to City ("Contract Security") in an amount equal to the estimate of three (3) months' Rentals, Fees, and Charges payable by Signatory Airline pursuant to this Article 7, to guarantee the faithful performance by Signatory Airline of its obligations under this Agreement and the payment of all Rentals, Fees, and Charges due hereunder. Signatory Airline shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period Signatory Airline commits no event enumerated in Section 12.01 of this Agreement. In the event the City draws from the Contract Security during the eighteen (18) month period due to past due payments due from Signatory Airline to the City, Signatory Airline shall replenish such amount within five (5) business days upon written notice. Such Contract Security shall be in a form and with a company reasonably acceptable to City. In the event that any such Contract Security shall be for a period less than the full period required by this Section 7.09.A. or if Contract Security shall be canceled, Signatory Airline shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) calendar days prior to the date of such expiration or cancellation. B. Notwithstanding the above Section 7.09.A, City shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by City shall be conditioned upon said Signatory Airline having provided regularly scheduled flights at three (3) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period without committing any material default under the terms of the respective lease and use agreements at each of the three (3) facilities and without any history of untimely payments for rentals, fees and charges. The burden shall be on Signatory Airline to demonstrate to the City its compliance with these requirements by providing written documentation from three (3) other airports selected by City. C. If Signatory Airline is delinquent in any debt due to the City for a period greater than ninety (90) calendar days or delinquent twice over a period of six (6) months, the City shall impose or re-impose the requirements of Section 7.09.A on Signatory Airline. D. Upon the occurrence of any Signatory Airline act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules 26 and Regulations, as such may be amended, supplemented, or replaced, City, by written notice to Signatory Airline given at any time within ninety (90) calendar days of the date such event becomes known to City, may impose or reimpose the requirements of Section 7.09.A on Signatory Airline. In such event, Signatory Airline shall provide City with the required Contract Security within ten (10) calendar days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which Signatory Airline commits no additional event enumerated in Section 12.01. E. If Signatory Airline fails to obtain and/or keep in force such Contract Security required hereunder, such failure is grounds for immediate termination of this Agreement pursuant to Section 12.01. City's rights under this Section 7.09 shall be in addition to all other rights and remedies provided to City under this Agreement. 7.10 Passenger Facility Charge. A. Signatory Airline acknowledges City has the right to assess Signatory Airline's enplaned passengers a PFC for the use of the Airport in accordance with 49 U.S.C. §40117 and the rules and regulations thereunder (14 CFR Part 158, the "PFC Regulations") and as otherwise hereinafter authorized or permitted. Signatory Airline shall collect on behalf of and remit to City any such charges in accordance with the requirements of the PFC Regulations including, but not limited to, holding any charges collected by Signatory Airline, pending remittance to City, in trust for the benefit of City. City shall have the right to use all such PFC revenue collected in any lawful manner. B. Signatory Airline and City shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to each party. C. If Signatory Airline fails to remit PFC revenue to City within the time limits established by the PFC Regulations (no later than the last calendar day of the following calendar month), Signatory Airline shall be deemed to be in default pursuant to Section 12.01. Any late payment of PFCs shall be subject to interest computed in accordance with Section 7.07. 7.11 Capitalized Interest on Bonds. Bonds issued by the City will provide for the capitalization of interest, by project, during the construction period for each respective project; and the City intends for 27 Debt Service on Bonds to be capitalized until substantial completion of projects financed, in part, from the proceeds of Bonds; provided however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to substantial completion of projects, the Debt Service will be allocated to cost centers in the same manner as the related project costs (net of any PFC funding) are allocated to cost centers. 7.12 Continuation of Rentals. If Signatory Airline ceases service at the Airport prior to the end of the Term of the Agreement or extension thereof as provided for in Section 13.01, Signatory Airline will continue to pay rentals on Exclusive Use Premises and Preferential Use Premises until the end of the Term of the Agreement or extension thereof. However, in no event shall the annual amount due from Signatory Airline be less than the dollar equivalent of twenty percent (20%) of the total Joint Use Premises rentals divided by the total number of Signatory Airlines immediately prior to the time Signatory Airline ceases service at the Airport. 7.13 Charges for Services. The provisions contained in Article 7 shall not preclude the City from seeking reimbursement from Signatory Airline or any Air Transportation Company for the cost of services provided to Signatory Airline or any Air Transportation Company in compliance with any federal law, rule or regulation which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals, Fees, and Charges under this Agreement. 7.14 Extraordinary Coverage. Signatory Airline shall pay extraordinary coverage protection payments in the rates for Rentals, Fees, and Charges at the Airport in any Fiscal Year in which the amount of Revenues less O&M Expenses is projected to be less than the minimum coverage required on Debt Service as may be required by the covenants, including any Debt Service on general obligation debt held by the City on behalf of the Airport. Any amounts which must be collected for such extraordinary coverage protection payments will be allocated to the Airfield and Terminal on the basis of the net requirement of such cost centers' requirements. 7.15 No Further Charges. Except as stated in this Article 7 or as detailed elsewhere in this Agreement, no further Rentals, Fees and Charges shall be charged by the City to Signatory Airline, for the use of Signatory Airline's Leased Premises and the rights, licenses, and privileges granted to Signatory Airline; provided however, nothing shall preclude the City from imposing fees for additional uses, equipment, facilities and services, or from imposing fines, penalties, and assessments for the 28 enforcement of City's rules and regulations. ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A. Except for the initial Fiscal Year of this Agreement, no later than sixty (60) calendar days prior to the end of each Fiscal Year, City shall notify Signatory Airline of the proposed schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. Said rates shall be calculated in accordance with and pursuant to Article 7. For the initial Fiscal Year, the Rentals, Fees and Charges will be provided to Signatory Airline in writing within two weeks of City's execution of this Agreement. B. The Signatory Airlines, through the AAAC, shall have the right to review and comment upon the proposed operating budget and annual Capital Improvement projects. No later than thirty (30) calendar days after the forwarding of the proposed schedule of rates for Rentals, Fees, and Charges, the City agrees to meet or arrange a conference call with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees, and Charges. In advance of that meeting/call, the City shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. The City agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. C. Following that meeting/call, the City shall notify Signatory Airline of the rates for Rentals, Fees and Charges to be established for the ensuing Fiscal Year. D. If calculation of the new rates for Rentals, Fees, and Charges is not completed by the City and the notice provided in Section 8.01.0 is not given prior to the end of the then current Fiscal Year, Signatory Airline will be provided written notice that rates for Rentals, Fees, and Charges then in effect shall continue to be paid by Signatory Airline until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, City shall determine the differences, if any, between the actual Rentals, Fees, and Charges paid by Signatory Airline to date for the then current Fiscal Year and the rates for Rentals, Fees, and Charges that would have been paid by Signatory Airline if said rates had been in effect beginning on the first calendar day of the Fiscal Year. Those differences shall be applied to the particular 29 Rentals, Fees, and Charges for which any differences in rates resulted in an overpayment or underpayment and shall be remitted by Signatory Airline or credited or refunded by the City in the month immediately following the calculation of the new Fiscal Year's rates for Rentals, Fees, and Charges. 8.02 Other Rate Changes. Rates for Rentals, Fees, and Charges may be changed up to once per Fiscal Year at any time that unaudited monthly Airport financial data indicates that total Rentals, Fees, and Charges payable pursuant to the then current rate schedules are estimated and anticipated by the City to vary by more than ten percent (10%) from the total Rentals, Fees, and Charges that would be payable based upon the use of the projected monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance, which is available in the Airport Administration offices for review; provided, however, that Signatory Airlines' total Rentals, Fees, and Charges payable to the City shall be allocated to Signatory Airline in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges also may be changed within thirty (30) calendar days following consultation with the AAAC. 8.03 Incorporation of Exhibit "G". Adjustments to rates for Rentals, Fees, and Charges pursuant to Article 7 shall apply without the necessity of formal amendment of this Agreement. Exhibit "G" is an illustration only of how the Rentals, Fees, and Charges are calculated and represents a snapshot example of how the rate model operates. Exhibit "G" is not a formal forecast of budget or actual activity, operating and capital expenses, capital plans, or Airport discretionary revenue credits. 8.04 Reconciliation. Within one hundred eighty (180) calendar days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, Rentals, Fees, and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." If the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year is in excess of the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, Signatory Airlines shall be provided a credit in the amount of such excess, in coordination with each Signatory Airline, in the immediately succeeding monthly payment periods against the amounts owed by the Signatory Airlines to the City until such credit is exhausted. If Signatory Airline has ceased operations at the Airport and if no longer obligated to pay any amounts pursuant to Section 7.12, then City shall remit any remaining credit to Signatory Airline. If the actual Rentals, Fees, and Charges paid by Signatory Airlines during the preceding Fiscal Year is less than the Rentals, Fees and Charges that would have been paid by Signatory Airlines using 30 said recalculated rates, the City shall invoice the Signatory Airlines for any such deficit, and the Signatory Airlines shall pay City such deficit within thirty (30) calendar days from the date of an invoice from City. Notwithstanding the foregoing, City retains the right of offset in the event any Signatory Airline has an outstanding amount due to City that is not in formal dispute. 8.05 City Covenants. A. The City covenants that for purposes of assigning and allocating costs, it shall adhere to the requirements of the FAA's "Policy Regarding Airport Rates and Charges", as amended. B. The City shall operate the Airport in the same manner as a reasonably prudent airport operator of an airport of substantially similar size, use and activity as the Airport and in a manner so as to produce revenues from concessionaires, tenants and other users of the Airport of a nature and amount which would be produced by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 Signatory Airline Improvements. A. In accordance with Section 9.01.E below, Signatory Airline may construct and install, at Signatory Airline's sole expense, improvements in its Exclusive Use Premises and Preferential Use Premises as Signatory Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advance written approval of the Director; provided further, that no reduction or abatement of Rentals, Fees, and Charges shall be allowed due to any interference with Signatory Airline's operations by such construction. B. Prior to the commencement of any improvements greater than twenty five thousand dollars ($25,000), the City shall have the right to require Signatory Airline to obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by Signatory Airline for the improvements. Said contract security bond shall name the City as an obligee thereunder and shall be drawn in a form and issued by such company acceptable to City; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; 31 and shall protect City against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. City reserves the right also to require that Signatory Airline acquires or causes to be acquired a payment bond with any contractors of Signatory Airline as principal, in a sum equal to the full amount of the construction contract awarded by Signatory Airline for the improvements. Said bond shall name the City as an obligee thereunder and shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said construction contract. Any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airport or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction and within sixty (60) calendar days of Signatory Airline's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of the City. C. Signatory Airline shall furnish or require contractors to furnish satisfactory evidence of statutory workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance on a builder's risk form with the interest of City endorsed thereon in such amounts and in such manner as City may reasonably require. City may require additional insurance for any alterations or improvements approved hereunder in such limits as City reasonably determines to be necessary. D. Any construction or installation by or on behalf of Signatory Airline shall be at the sole risk of Signatory Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director and all other applicable inspectors. E. All improvements made to Signatory Airline's Exclusive Use Premises and Preferential Use Premises and additions and alterations thereto made by Signatory Airline, except those financed by City, shall be and remain the property of Signatory Airline until expiration of the Term of this Agreement. Upon termination of this Agreement, said improvements, additions and alterations shall become the property of City; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of Signatory Airline not permanently affixed to Signatory Airline's Exclusive Use Premises and Preferential Use Premises shall remain the property of Signatory Airline, subject to the terms of Article 14. 32 ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be partially damaged by fire or other casualty other than that caused by Signatory Airline, but said circumstances do not render Signatory Airline's Leased Premises untenable as reasonably determined by the City, the same shall be repaired to usable condition with due diligence by the City, or by Signatory Airline if agreed to by both parties, as hereinafter provided and limited. No abatement of rentals shall accrue to Signatory Airline so long as Signatory Airline's Leased Premises remain tenantable. Any partial damage caused by Signatory Airline shall be repaired by the City to similar conditions existing prior to the partial damage, and the cost of such repair shall be invoiced directly to Signatory Airline and is due and payable within thirty (30) calendar days from the date of an invoice from City. 10.02 Substantial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be so extensively damaged by fire or other casualty, other than that caused by Signatory Airline, as to render any portion of Signatory Airline's Leased Premises untenable but capable of being repaired, as reasonably determined by City, the same shall be repaired within a reasonable period to usable condition with due diligence by City as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to affected Signatory Airline Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to the total Leased Premises until such time as such affected Signatory Airline's Leased Premises shall be restored adequately for use. City shall use "commercially reasonable" efforts to provide Signatory Airline with comparable alternate facilities to continue its operation while repairs are being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. Any substantial damage caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. 10.03 Destruction. A. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of Signatory Airline's Leased Premises incapable of being repaired within ninety (90) calendar days, as reasonably 33 determined by the City, the City shall notify Signatory Airline of its decision whether to reconstruct or replace said space; provided, however, the City shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to the Signatory Airline's affected Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Signatory Airline. If this occurs, Signatory Airline may terminate the letting of Signatory Airline's Leased Premises, effective as of the date of written notice to the City. Any destruction caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. B. In the event the City elects to reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall provide Signatory Airline with comparable alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. C. In the event the City elects to not reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall meet and consult with Signatory Airline on ways and means to permanently provide Signatory Airline with adequate replacement space for the Signatory Airline's affected Leased Premises. In such event, the City agrees to amend this Agreement to reflect related additions and deletions to Signatory Airline's Leased Premises. Signatory Airline is not bound to accept the replacement space and may terminate this Agreement, as described in Section 10.03.A as above. 10.04 Damage Caused By Signatory Airline. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful act or omission of Signatory Airline, its employees, contractors, its agents, or licensees, Signatory Airline's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rentals during the repair or replacement of the Signatory Airline's Leased Premises. To the extent that the costs of repairs exceed the amount of any insurance proceeds payable to City by reason of such damage or destruction, Signatory Airline shall pay the amount of such additional costs to City due and payable upon demand. 10.05 City's Responsibilities. City shall maintain adequate levels of insurance; provided however, that City's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring the affected Signatory Airline's Leased Premises to substantially the same condition that existed at the date of damage or destruction, including 34 any subsequent improvements made by City, and shall further be limited to the extent of insurance proceeds and other funds available to City for such repair, reconstruction, or replacement; provided further, that City shall in no way be responsible for the restoration or replacement of any equipment, furnishings, personal property, real property improvements, signs, or other items installed and/or owned by Signatory Airline in accordance with this Agreement, unless Signatory Airline proves that the damage or destruction is caused by the negligence or willful act or omission of City, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to Signatory Airline's performance of its obligations under this Agreement, or in conjunction with Signatory Airline's use and occupancy of Signatory Airline's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. B. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the City by Signatory Airline, its agents, employees, or successors and assigns in conjunction with Signatory Airline's use and/or occupancy of Signatory Airline's Leased 35 Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration or termination of this Agreement. 11.02 Insurance. A. Without limiting or expanding Signatory Airline's obligation to indemnify City, as provided for in Section 11.01, Signatory Airline shall procure and maintain in force at all times during the Term of this Agreement comprehensive Airport premises liability and aviation insurance to protect against personal injury, bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall be in an aggregate amount of not less than $50,000,000 per occurrence, combined single limit; provided, however, coverage for non-passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. In addition, Signatory Airline shall procure and maintain in force during the Term of this Agreement liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non-owned, or hired) in an amount of not less than $5,000,000 per occurrence. B. The aforesaid amounts and types of insurance shall be reviewed from time to time by City and may be adjusted by City if City reasonably determines such adjustments are necessary to protect City's interests. Signatory Airline shall furnish City prior to the Effective Date a certificate or certificates of insurance as evidence that such insurance is in force. City reserves the right to require a certified copy of each certificate upon request. Signatory Airline shall name City as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01. Said policies shall be issued by insurance companies of recognized financial responsibility and, in a form and content reasonably satisfactory to City, and shall provide for thirty (30) calendar days advance written notice to City prior to the cancellation of or any adverse material change in such policies and ten (10) calendar days' notice for non-payment of premium. Failure to provide and/or maintain the required insurance coverage as set forth 36 herein is grounds for immediate termination of this Agreement. C. Signatory Airline shall procure and maintain in force during the Term of this Agreement workers' compensation coverage in accordance with state law and employers liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Signatory Airline will be promptly met. 11.03 Waiver of Subrogation. City and Signatory Airline hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, Signatory Airline's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties, their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. ARTICLE 12: TERMINATION BY CITY 12.01 Events of Default. The events described below shall be deemed events of default by Signatory Airline: A. Upon the occurrence of any one of the following events of default, City may give thirty (30) calendar days written notice as provided in Section 12.03. (1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of Signatory Airline's assets or the subletting of Signatory Airline's Leased Premises without City Council authorization except as permitted under Article 15. (2) The divestiture of Signatory Airline's estate herein by operation of law, by dissolution, or by liquidation. (3) The Signatory Airline shall take the benefit of any present or future insolvency statute, or 37 shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. (4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by Signatory Airline of its operations at the Airport unless otherwise approved by City in writing, except when discontinuance is due to fire, earthquake, strike, governmental action, default of the City, or other cause beyond Signatory Airline's control, and except when discontinuance is due to a consented assignment or sublease pursuant to Article 15. (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) calendar days of receipt of written notice by City to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Signatory Airline of written demand from City to do so, Signatory Airline fails to commence the remedying of such default within said thirty (30) calendar days following such written notice, or having so commenced, shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, Signatory Airline's performance under this Section 12.01 shall be subject to the provisions of Section 18.25 of this Agreement. Signatory Airline shall have the burden of proof to demonstrate to the City's satisfaction (i) that the default cannot be cured within thirty (30) calendar days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, City may immediately issue written notice of default: (1) The failure by Signatory Airline to pay any part of the Rentals, Fees, and Charges, PFCs or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) calendar days of City's written notice of payments past due. Provided, however, if a dispute arises between City and Signatory Airline with respect to any obligation or alleged obligation of Signatory Airline to make payments to City, payments under protest by Signatory Airline of the amount due shall not waive any of Signatory Airline's rights to contest the validity or amount of such payment. 38 (2) The failure by Signatory Airline to maintain the minimum required insurance coverage as required by Section 11.02; provided, the City shall have the right to immediately suspend Signatory Airline's right to operate at the Airport until Signatory Airline has obtained the minimum required insurance coverage. (3) If any act occurs through the fault or neglect of Signatory Airline which operates to deprive Signatory Airline permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business at the Airport. 12.02 Continuing Responsibilities of Signatory Airline. Notwithstanding the occurrence of any event of default, Signatory Airline shall remain liable to City for all Rentals, Fees, and Charges payable hereunder and for all preceding uncured breaches of any covenant of this Agreement. Furthermore, unless City elects to terminate this Agreement at its sole discretion, Signatory Airline shall remain liable for and promptly pay all Rentals, Fees, and Charges accruing hereunder until termination or expiration of this Agreement as set forth in Article 3 or until this Agreement is terminated by Signatory Airline pursuant to Article 13. 12.03 City's Remedies. Upon the occurrence of any event enumerated in Section 12.01.A, the following remedies shall be available to City: A. City may exercise any remedy provided by law or in equity including, but not limited to, the remedies hereinafter specified. B. City may terminate this Agreement, effective upon the date specified in the notice of termination. For events enumerated in Section 12.01.A, such date shall be not less than thirty (30) calendar days from said date of receipt of notice. Upon such date, Signatory Airline shall be deemed to have no further rights hereunder and City shall have the right to take immediate possession of Signatory Airline's Leased Premises. C. City may reenter Signatory Airline's Leased Premises and may remove all of Signatory Airline's persons and property from same upon the date of reentry specified in City's written notice of reentry to Signatory Airline. For events enumerated in Section 12.01.A., reentry shall be not less than thirty (30) calendar days from the date of notice of reentry. 39 D. City may re-let Signatory Airline's Leased Premises and any improvements thereon, or any part thereof, at such lease rates and upon such other terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on Signatory Airline's Leased Premises. In re-letting Signatory Airline's Leased Premises, City shall be obligated to make a good faith effort to obtain terms no less favorable to City than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of Signatory Airline's event of default. E. In the event that City relets Signatory Airline's Leased Premises, Rentals, Fees, and Charges received by City from such re-letting shall be applied in the following order of priority: (i) to the payment of any indebtedness other than Rentals, Fees, and Charges due hereunder from Signatory Airline to City; (ii) to the payment of any cost of such re-letting; and (iii) to the payment of Rentals, Fees, and Charges due and unpaid hereunder. The residue, if any, shall be held by City and applied in payment of future Rentals, Fees, and Charges as the same may become due and payable. If that portion of such Rentals, Fees, and Charges received from such re-letting and applied to the payment of Rentals, Fees, and Charges is less than the Rentals, Fees and Charges payable during applicable periods by Signatory Airline, then Signatory Airline shall pay such deficiency to City. Signatory Airline shall also pay to City, as soon as ascertained, any costs and expenses incurred by City in such re-letting not covered by the Rentals, Fees, and Charges received from such re-letting. F. Signatory Airline shall pay to City all other costs, incurred by City in the exercise of any remedy in this Article 12 including, but not limited to, reasonable attorneys' fees, disbursements, court costs, and expert fees. ARTICLE 13: TERMINATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by City: A. City fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by City and such failure continues for thirty (30) calendar days after receipt of written notice from Signatory Airline; or, if by its nature such default cannot be cured within such thirty (30) calendar day period, City shall not commence to cure or remove such default within said thirty (30) calendar days and to cure or remove the same as promptly as reasonably practicable; provided, however, City's performance under this Section 40 shall be subject to the provisions of Section 18.25 of this Agreement. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond City's control, or to the flights of Signatory Airline for reasons other than those circumstances within Signatory Airline's control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any federal, state, or local government agency having competent jurisdiction; or Signatory Airline is unable to use Airport for a period of at least ninety (90) consecutive days due to any law, order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing City or Signatory Airline from using Airport for airport purposes, for reasons other than those circumstances within City's or Signatory Airline's control, and such injunction remains in force for a period of at least ninety (90) consecutive days. D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict Signatory Airline from conducting its operations, if such restriction remains in force for a period of sixty (60) consecutive days or more. 13.02 Signatory Airline's Remedy. Signatory Airline termination, due to events of default under the provisions of Section 13.01, shall not be effective unless and until at least thirty(30) calendar days, or such longer period as provided in Section 13.01, have elapsed after written notice to the City specifying the date upon which such termination shall take effect and the reason for such termination. In the event of termination, Signatory Airline shall surrender the Signatory Airline's Leased Premises in accordance with Article 14 hereof. ARTICLE 14: SURRENDER OF AIRLINE PREMISES 14.01 Surrender and Delivery. Upon termination of this Agreement, Signatory Airline shall promptly and peaceably surrender to City Signatory Airline's Leased Premises and all improvements thereon to which City is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this section shall be construed to modify the obligations of the parties that accrued 41 prior to the date of termination of this Agreement. 14.02 Removal of Property. Signatory Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Signatory Airline unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty (30) calendar days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which City may have thereon for unpaid Rentals, Fees, and Charges. Notwithstanding anything to the contrary contained herein, City hereby waives any statutory or contractual lien it may now have or hereafter have with respect to Signatory Airline's aircraft. Signatory Airline shall not abandon any portion of its property at the Airport without the written consent of City. Any and all property not removed by Signatory Airline within thirty (30) calendar days following the date of termination of this Agreement shall, at the option of the City, (i) become the property of the City at no cost to the City; (ii) be stored by the City, at no cost to the City, or (iii) be sold at public or private sale at no cost to the City. All of Signatory Airline's personal property located on Signatory Airline's Leased Premises is at the risk of Signatory Airline only, and the City is not liable for damage to said personal property in, at or on Signatory Airline's Leased Premises or to Signatory Airline. Except as may be agreed to otherwise by the City and Signatory Airline, all City property damaged by or as a result of the removal of Signatory Airline's property shall be restored by Signatory Airline to the condition existing before such damage, less reasonable wear and tear, at Signatory Airline's expense. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by Signatory Airline. A. Except for an assignment to a parent or subsidiary, which is hereby authorized, Signatory Airline may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement or any part of Signatory Airline's Leased Premises to any party including Affiliate Airlines without the prior written consent of the City, which consent will not be unreasonably withheld. The above prohibition does not apply with respect to any company with which Signatory Airline may merge or consolidate, or which may acquire substantially all of Signatory Airline's assets. In the event that Signatory Airline shall, directly or indirectly, assign, sell, hypothecate or 42 otherwise transfer this Agreement, or any portion of Signatory Airline's Leased Premises, without the prior written consent of the City except as allowed above, the City, in its sole discretion may terminate this Agreement. B. Signatory Airline shall not sublease Signatory Airline's Leased Premises without the prior written consent of City, which consent may be withheld if City has substantially similar space available, but unleased, or if City can make such space available for lease within a reasonable time. Use of Signatory Airline's Exclusive Use Premises or Preferential Use Premises or any part thereof, by anyone other than Signatory Airline or an Air Transportation Company being handled by Signatory Airline shall be deemed a sublease. C. Signatory Airline shall include with its request for consent to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with Signatory Airline's request for consent by the City. The assignment or sublease agreement or written summary submitted with Signatory Airline's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and (iv) the provision that assignee or sublessee must execute a separate Operating Agreement with City. Any other information reasonably requested by City pertaining to said sublease or assignment shall be promptly provided by Signatory Airline. A fully executed copy of such sublease or assignment shall be submitted to City for final consent before occupancy of Signatory Airline's Leased Premises, or any portion thereof, by the assignee or sublessee. D. In the event the Rentals, Fees, and Charges for subleased premises exceed the Rentals, Fees, and Charges payable by Signatory Airline for said premises pursuant to this Agreement, Signatory Airline shall pay to City the excess of the Rentals, Fees, and Charges received from the sublessee over that specified to be paid by Signatory Airline herein; provided however, Signatory Airline may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15%) of the specified sublease rental, and such fee shall not be considered part of excess Rentals, Fees, and Charges. Signatory Airline may also charge a reasonable fee to others for the use of Signatory Airline's capital equipment and to charge for use of utilities and other services being paid for by Signatory Airline. E. Nothing in this Article 15 shall be construed to release Signatory Airline from its 43 obligations under this Agreement including, but not limited to, the payment of Rentals, Fees, and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of the City to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal and Apron Area. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Apron Area areas in order to meet the stated requests of Signatory Airline and/or such other Air Transportation Companies for additional facilities, the City hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of gate holdrooms, passenger loading bridges and associated Apron Area parking positions. 16.02 Accommodation of Requesting Air Transportation Company. City shall not require Signatory Airline to accommodate a requesting Air Transportation Company if City has unleased gates and facilities which can reasonably accommodate the needs of requesting Air Transportation Company. Signatory Airline shall cooperate with City to accommodate the needs of a requesting Air Transportation Company by permitting such requesting Air Transportation Company to utilize Signatory Airline's Preferential Use Premises (and Air Transportation Company shall remit to Signatory Airline a directly proportionate share of the Rentals, Fees, and Charges attributable to such use of the specific Preferential Use Premises) for the time period necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such requesting Air Transportation Company at times when the use of such facilities shall not interfere with Signatory Airline's planned operation. In determining if Signatory Airline shall be required to accommodate a requesting Air Transportation Company, the City shall consider Signatory Airline's capabilities, capacity, and facilities, after taking into account Signatory Airline's own requirements and contractual obligations, the compatibility of requesting Air Transportation Company's proposed operations with those of Signatory Airline, and the need for labor harmony. Prior to any accommodated Air Transportation Company being permitted to use Signatory Airline's Preferential Use Premises, City shall require such accommodated Air Transportation Company to indemnify City and Signatory Airline and its officers, directors, employees and agents against any claims, damages, injuries and costs (including reasonable attorneys' fees) arising from the acts or omissions of the accommodated Air Transportation Company, its officers, directors, employees and agents and deliver to City and Signatory Airline reasonably satisfactory evidence of insurance coverage, which insurance shall provide the coverages (including amounts) as are required of Signatory Airline under this Agreement and name City and Signatory Airline as an 44 additional insured party. 16.03 Relocation of Signatory Airline. With regard to Signatory Airline's Exclusive Use Premises and Preferential Use Premises, the City reserves the right to relocate Signatory Airline (i) after the City has obtained adequate funding to pay the reasonable costs of same, (ii) following consultation with Signatory Airline, and (iii) upon not less than sixty (60) days' prior written notice to Signatory Airline, in order to maintain the most efficient use of the Terminal as reasonably determined by the Director. In implementing any relocation, the City shall minimize disruptions to Signatory Airline's operations and shall use commercially reasonable efforts to provide Signatory Airline with replacement space that is comparable to that which is to be vacated and to coordinate any such relocation with Signatory Airline. In the event that such a relocation request is made by the City, the City shall fund the reasonable costs of such relocation, including the costs of any improvements needed to the replacement space to match those in the vacated space, and Signatory Airline shall not be required to pay a greater total rental amount for the relocated space. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements. This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. City agrees to provide Signatory Airline written advance notice of any provisions which would adversely modify the material terms of this Agreement. 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Airport or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Airport by the United States of America. 17.03 Nondiscrimination A. Signatory Airline for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with 45 the land that (i) no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Signatory Airline's Leased Premises, (ii) in the construction of any improvements on, over, or under Signatory Airline's Leased Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) Signatory Airline shall use Signatory Airline's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non-Discrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964, and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as titles and regulations may be amended. B. Signatory Airline acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ("DBE"), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Signatory Airline under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. These regulations may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security Signatory Airline must comply with, and require compliance by its assignees and sublessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, and ordinances promulgated by the City, the Airport Security Plan ("ASP"), the FAA, Transportation Security Administration ("TSA") or other governmental agencies to protect the security and integrity of the Secured Area ("SA"),the Air Operations Area ("AOA"), and the Security Identification Display Area ("SIDA"), as defined by the City, the FAA, and TSA, and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, 46 Signatory Airline must adopt procedures to control and limit access to the SA, AOA, and SIDA by Signatory Airline, its assignees and sublessees, and its and their respective agents, contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. Signatory Airline further agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by Signatory Airline, its sublessees or its or their respective agents, contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Signatory Airline, which entry violates the City, ASP, FAA, or TSA laws, rules, regulations, or ordinances or Signatory Airline's Director-approved procedures for controlling access to the SA or SIDA as provided hereinabove. Signatory Airline must obtain employee identification badges for all personnel authorized by Signatory Airline to have access to the SA, AOA, and SIDA in accordance with the provisions of Federal Aviation Regulations, 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Signatory Airline must pay all fines associated with security breaches/infractions by Signatory Airline and its sublessees and its and their respective agents, officers, business invitees, and employee in the SA, AOA, and SIDA, regardless of whether the fine is assessed to the City, Airport or Signatory Airline and/or its sublessees, and its or their respective agents, officers, business invitees, or employees; however, Signatory Airline may contest such fine in accordance with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to Signatory Airline hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation, and assignments made by City in the Master Bond Ordinance. City and Signatory Airline agree that, to the extent required by the Master Bond Ordinance or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of City hereunder. B. City shall notify Signatory Airline in advance of any amendments or supplements to the Master Bond Ordinance that would materially alter the terms and provisions of this Agreement. 47 City and Signatory Airline shall use their "commercially reasonable" efforts to agree on the implementation of any such material amendments or supplements desired solely by City for its own purposes. If such material alteration will negatively impact financial or operational rights granted herein, then either party may immediately terminate this Agreement. C. With respect to property leased by the City to Signatory Airline hereunder which was or is to be acquired by the City with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to use "commercially reasonable" efforts to protect the tax-exempt status of the Bonds. 18.02 Non-waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to terminate this Agreement as provided herein. 18.03 Rights Non-Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except Exclusive Use Premises, are "non-exclusive" and the City reserves the right to grant similar privileges to others. 18.04 Quiet Enjoyment. A. City agrees that, so long as Signatory Airline's payment of Rentals, Fees, and Charges is timely and Signatory Airline keeps all covenants and agreements contained herein, Signatory Airline shall peaceably have and enjoy Signatory Airline's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of Signatory Airline's business, Signatory Airline agrees that occupancy of Signatory Airline's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of Signatory Airline's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. Signatory Airline shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 48 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Avigation Rights. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport, including Signatory Airline's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport. 18.07 Rules and Regulations. A. Signatory Airline, its officers, employees, agents and others under its control shall observe and obey all laws, rules, regulations, ordinances, and orders of the federal, state, county and municipal governments which may be applicable to Signatory Airline's operations at the Airport. B. The City may from time to time adopt, amend or revise reasonable and non-discriminatory rules, regulations and minimum standards for the conduct of operations at the Airport for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. Signatory Airline, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules, regulations and minimum standards, except as they may conflict with the terms and provisions of this Agreement or the regulations of another governmental authority having appropriate jurisdiction. C. Signatory Airline shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire Term of this Agreement by any federal, state, or local governmental entity or any court of law having jurisdiction over Signatory Airline or Signatory Airline's operations and activities at the Airport. 18.08 Inspection. Signatory Airline shall allow the City's authorized representatives access to Signatory Airline's Leased Premises for the purpose of examining and inspecting said premises, for purposes necessary, incidental to, or connected with the performance of its obligations under this 49 Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advance notice, the City shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of Signatory Airline's representative. 18.09 No Individual Liability. No official, officer, agent, director, or employee of the City or Signatory Airline shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of Rentals, Fees, and Charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. Each of the parties hereto warrants and represents that the execution and delivery of this Agreement by the undersigned representative(s) has been duly authorized by all necessary corporate or municipal action, as applicable. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of open negotiations between the parties and shall not be construed against the City by reason of the preparation of this Agreement by the City. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 50 18.15 Titles. Section titles are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severability. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either the City or Signatory Airline in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided herein, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and executed by the parties. 18.18 Most Favored Nations. The City agrees not to enter into any Agreement with any other 14 CFR Part 121 Air Transportation Companies conducting similar operations at the Airport after the Effective Date of this Agreement that contains more favorable terms and conditions, landing fees, rentals or other charges than those provided in this Agreement. Such "similar operations at the Airport" means regularly scheduled commercial airline service that shall be conducted at the Terminal. Notwithstanding the foregoing, the City may offer incentives or discounts consistent with FAA guidelines and/or policies in setting Rentals, Fees, and Charges with any Air Transportation Company. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify, restrict or modify in any manner the provisions of any other agreement or contract between City and Signatory Airline authorizing the use of the Airport, its facilities and appurtenances. 18.20 Affiliate Airline. Signatory Airline and any designated Affiliate Airline shall be counted as one airline for the purposes of computing any Joint Use Premises charges, provided the Affiliate Airline has executed an Operating Agreement with City; provided however, that Signatory Airline shall be responsible for the actions and any and all charges (incurred on behalf of Signatory Airline) of(including the payment of any activity fees incurred by) any such designated Affiliate Airline while such designated Affiliate Airline operates at the Airport on behalf of Signatory Airline. Signatory Airline must provide City with a listing in writing of all of Signatory Airline's designated Affiliate Airlines and the relationship each Affiliate Airline has with Signatory Airline (i.e., Signatory Airline is a parent corporation to Affiliate Airline; Signatory Airline is in a partnership/contract with the designated Affiliate Airline, etc.). Signatory Airline 51 shall give City thirty (30) calendar days' written notice of any change to the Affiliate Airline designation and, if such notice request removes the "affiliate" designation from an Air Transportation Company, Signatory Airline will no longer be a guarantor of that former Affiliate Airline. Signatory Airline will use "commercially reasonable" efforts to assist City in having its designated Affiliate Airlines execute an operating agreement with City. 18.21 Approvals A. Whenever this Agreement calls for approval by the City, such approval shall be evidenced by the written approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 18.22 Notice. A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given by the parties in writing by certified mail. If intended for the City, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 or to such other address as may be designated by the City by written notice to Signatory Airline as stipulated above. B. Notices to Signatory Airline shall be delivered in the manner set out above to: Southwest Airlines Attn: Airport Affairs PO Box 36611, HDQ-4PF 2702 Love Field Dr. Dallas, TX 75235 52 or to such other address as may be designated by Signatory Airline by written notice to the City as stipulated above. 18.23 Agent For Service. It is expressly understood and agreed that if Signatory Airline is not a resident of the state of Texas, is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then, in any such event, Signatory Airline shall appoint an agent for the purpose of service of process in any court action between it and the City arising out of or based upon this Agreement. Signatory Airline shall immediately notify the City, in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the state of Texas for service upon a non-resident engaging in business in the state. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, Signatory Airline may be personally served out of the state of Texas by the certified mailing of such service at the address set forth in Section 18.22. 18.24 Governing Law. This Agreement is to be read and construed in accordance with the laws of the state of Texas. The parties agree that any court of proper jurisdiction presiding in Nueces County, Texas, shall be the forum for any actions brought hereunder. 18.25 Force Maieure. Except as herein provided, neither the City nor Signatory Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. 18.26 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties. It is further understood and agreed by Signatory Airline and the City that the City, the City's agents, Signatory Airline and Signatory Airline's agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth and neither party shall be liable by reason of the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by Signatory Airline and the City. 53 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Keith Selman, Interim City Manager APPROVED AS TO LEGAL FORM THIS DAY OF 2018 Elizabeth Hundley, Assistant City Attorney for Miles Risley, City Attorney AIRLINE iq By: / r Name: �0 Title: ? Naoa ili(S Date: 54 RPE CORPUS CHRISTI INTERNATIONAL AIRPORT - MONO R LEGEND AIRPORT DATA TABLE PWIntmTRrrrLIP,LrP tBUL .BL1f� QR�fJ' WNW DATA TABLE IL3� 'M 56�BL6�1 .BL1f� 1 s. , KM. DECLARED INSTANCE INFO3u•,:. • CORPUS CHRISTI INTERNATIONAL AIRPORT CC ' AIRPORT LAYOUT PLAN _ EXHIBIT A ' CITY OF CORPUS CHRISTI DEPARTMENT OF AVIATION 2017 YN \TX PM)A/RD BY. CIA! NT. D.nn C5R1,E;RVSS 05,234017 PRDJPCT NC, PAM InFI 55 1024 FUT. TtfXET1NG fl 1031 FUTURE AIR.r ATO j1 1032 LI I R M CT -80 3 AMERICAN EAGLE 1030 Corpus Christi International Airport l z�\o R1 t E WI METING 12 { ton 1 EXHIBIT B LEASED SPACE SOUTHWEST AIRLINE CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR. IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. 1- i/ J%.''J ,SOUTHWEST r , i� :/// /�?;ff AIRLINES .', , /r, . ATO 0/ •l - F1R RE AIRLIt1E AIO 117 [ 1036 j 49 6" ATO 1,826.68 TICKETING 470.30 QUEUENG 580.52 TOTAL AREA = 2,877.50 SqFt. KEY MAP SOU WRYEST CC!A Prepared by: COELINOIr Approved by: VCONZALEZ Date: OCT -2017 Prof. Name_ 2017_1 F ASE AGREFMENN 56 Corpus Christi International Airport Southwest Ticket Counter (8 POSITIONS) o ; SHS TICS E LING 10.15 77� _ - __ I F ==J M SOUTHWEST AIRLINES } ATO �f I 49.6„ _ I SOUTHWEST ATO 1,826.68 TICKETING 470.30 EXHIBIT B2 OUEUENG 580.52 TOTAL AREA = 2,877.50 Sq- LEASED SPACE KEY MAP SOUTHWEST ATO AREA CORPUS CHRISTI INTERNATIONAL AIRPORT / 2017 AIRLINE LEASE AGREEMENT L/ soun+v�si NOTE.ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL Prepared by BE FROM THE INTERIOR OF THE EXTERNAL _COELINQIr WALLS AND FROM THE CENTERLINE TO Approved by CENTERLINE OF EACH INTERIOR WALL,OR. 4�F � VCONZALEZ IN THE ABSENCE OF INTERIOR WALLS,THE i c Date POINT OF SAID CENTERLINE WOULD BE ' OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Prol Name: 2017_!-U,5E„AGREE:'c•'JT 57 Corpus Christi International Airport 9,_2» 15_0„ SOUTHWE ST STORAGE/OPS (419 SF) _ = (WET STO.) (DRY STO.) - - EXHIBIT B3 LEASED SPACE SOUTHWEST OPS AREA KEY MAP CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT SOUTHWEST NOTE:ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL - ---- - -- Prepared by. BE FROM THE INTERIOR OF THE EXTERNAL COELINO)t WALLS AND FROM THE CENTERLINE TO tiAa Approved by CENTERLINE OF EACH INTERIOR WALL,OR. VGONZALEZ IN THE ABSENCE OF INTERIOR WALLS,THE Date: POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Proj.Nanw --- 2017_ USE_AGREENENTS 58 Corpus Christi International Airport 27'-10" SOUTHVrEST HOLDROOM 2os2 : SOUTHWEST AIRLINE HOLDROOM co 2293.47 S4. FT. FLOOR AREA= 2,293.47 SF I EXHIBIT B4 LEASED SPACE I SOUTHWEST HOLDROOM CORPUS CHRISTI INTERNATIONAL AIRPORT I2017 AIRLINE LEASE AGREEMENT NOTE:ALL MEASUREMENTS TO DETERMINE THE IAREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FRO.e1 THE CENTERLINE TO I CENTERLINE OF EACH INTERIOR WALL,OR. IN THE ABSENCE OF INTERIOR WALLS,THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. IKEY MAP SOUTHWEST ID DPrepared by CGELINOIr Apprnved by VCONZALEZ Date OCT-2017 Proi.Name. - - 20I7t.EASE_AGREEMENTS 59 Corpus Christi International Airport 11��Tr r � j i a I EXHIBIT LEASED SPACE SECURITY CHECKPOINT SECURITY CHECKPOINT TOTAL FLOOR AREA=3,271 SF CORPUS CHRISTI INTERNATIONAL AIRPORT KEY MAP 2017 AIRLINE LEASE AGREEMENT SECURITY CHECKPgtiT NOTE:ALL MEASURE`AENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL Prepared by- 11VALLS AND FROM THE CENTERLINE TO COELINO)v CENTERLINE OF EACH INTERIOR WALL,OR. ati�� Approved by IN THE ABSENCE OF INTERIOR WALLS,THE >t9 �;� VGOy7_ALEZ Dare POINT OF SAID CENTERLINE WOULD BE OCT-2017 LOCATED IF SUCH INTERIOR WALL EXISTED. Pr�r Name. 2017 LEASE-ACREE'YEf-JT5 60 10T-4" BAGGAGE CLAIM 4102.31 SF 1 BAGGAGE BREAK -DOWN 1900.22 SF Corpus Christi International Airport — EXHIBIT B6 LEASED SPACE BAGGAGE CLAIM AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF ENE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR, IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. BAGGAGE CLAIM AREA / BAGGAGE BREAK -DOWN 4,102.31 SF 1,900.22 SF TOTAL FLOOR AREA = 6,002.53 SF KEY MAP BAGGAGE CLAM Prepared by. Ap;>iov - J by Dace COELINOIr VGONZALEZ OCT -2017 Pru) Name 2017i F Ae1-, A':11f. E `Aft.l c> 61 GATE 3A 30,92.82 S.F. Ce.AfTmEHTK. tor \ To \ GATE 2 28,036,35 S.F. 11112114" 111 1' 1.1,13.-11 GATE 33,880-91 S _ Corpus Christi International Airport - 4P ?I ;',,-44.4: v 1_1....• • "1', 'ii..... r'Jllb .10" ,Lr il • , AufaxiN GATE 38 30,898 .92 S.F. E12'-0" SOUTI-DITEST EKTENOED APRON, 3,60-1 sr Lr EXHIBIT 87 B7 LEASED APRON SPACE SOUTHWEST AIRLINES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017AIRLINE LEASE AGREEMENT GATE 5 31,773.67 S.F. ElitrEgfillaai$1=A0ti autic T" --"d jiro5 1111 I =2.01_1 114 ezA p -gr 737 1,•)41TED MD.-&, 737„ ' IX- ----aa- 1.041TET1 All.ERICAN AWNS CA3I 0141,.E AIR- r, -MA MI thrpared 14JOIC'erd IFY Dow COL.1)40)ft vcoetzALE2 OCT -2017 flial Nair*. 2017.1..1MA ALAI I MtAlt; 62 P r' � • r .. _ ' .✓ / i / -- AMERICAN E. GSE Storage (AREA = 2,427 SF) UNITED GSE Storage (AREA = 3,818 SF) Corpus Christi international Airport — 4 4 -- SOUTHWEST GSE Storage (AREA = 3,684 SF) EXHIBIT B8 LEASED APRON SPACE GSE STORAGES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT t+,.lurfd ew (IIUD4O» Al-Ogored by VCONZ4LEZ OCT -2017 Not Nhd14, 63 _1 •,- , : ..----,.. ..'7L ‘.-:•‘:!-- 'I- P.- ':.., - '.t - - ! 1 4 : I , „ .j • ill.,L )7, • 1 . 1 . ) 1 ii 1 . ' . , 1 r I 1 n.-..i.t .FI _ i r __I 11 • i.111 LT; , . • - - - L._ CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT 711-4:1 , ) :77 1 ...1Lti 11 EXHIBIT B9 GROUND FLOOR LEVEL TOTAL FLOOR AREA 91,477 SqFt CCIA 25,637.77 SqFt FIS 15,263.54 SqFt PUBLIC COMMON USED 22,115.98 SqFt TSA 4,952.33 SqFt AIRLINES COMMON USED 6,002.53 SqFt AMERICAN AIRLINE 2,198.57 SqFt SOUTHWEST AIRLINE 3,296.50 SqFt UNITED AIRLINE 2,837.71 SqFt FUTURE AIRLINES 6,873.50 SqFt RENTAL CARS 2,298.57 SqFt 64 CC! A CORPUS CHRISTI INTERNATIONAL AIRPORT OPEN FROM ABOVE I u - dt=7;1:-,i4J OPEN FROM ABOVE 11 LL -Ta idel 1 rF F=' ! -711111.1- e ei EXHIBIT B10 SECOND FLOOR LEVEL TOTAL FLOOR AREA 54,278 SqFt CCIA 14,744.30 SqFt PUBLIC COMMON USED 17,023.51 SqFt TSA OPS 2,969.00 SqFt AIRLINES COMMON USED 3,271.00 SqFt AIRLINE HOLDROOMS 9,690.92 SqFt (American, Southwest S. United + CCIA Ground Load/Jot Bridge) FOODS & RETAIL 5,456.10 SqFt FIS COMMON AREA 1,123.17 SqFt 65 EXHIBIT C (Reserved) 66 EXHIBIT D DESIGNATION OF RESPONSIBILITIES FOR OPERATION AND MAINTENANCE AIRLINE PREFERENTIAL USE SPACE 1 AIRLINE JOINT USE Ticket Offices & Airline Security Counters and Baggage Operations Baggage Claim Baggage Loading Queue Area Makeup Area & Conveyor Screening Gates Checkpoint Bridges Apron Area 1. Air Conditioning a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 2. Heating a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 3. Lighting a. Bulb & Tube Replacement C A A C C C C C C b. Maintenance C C C C C C C C C 4. Electrical Maintenance C C C C C C C C C 5. Water a. Distribution N/A C C C C N/A N/A C C b. Fixtures N/A A A C C N/A N/A C C 6. Sewage a. Distribution N/A C C C C C N/A N/A N/A b. Fixtures N/A A A C C C N/A N/A N/A 7. Maintenance a. Other than Structure A A A C C C C C N/A b. Structure C C C C C C C C C c. Exterior C C C C C C C C A 8. Custodial Service C A A C C C C C A 9. Window Cleaning a. Exterior N/A C C C C C N/A C N/A b. Interior N/A A A C C C N/A C N/A NOTES: A - AIRLINE, C - CITY, N/A - NOT APPLICABLE. NEW CONSTRUCTION AND DAMAGE REPAIR ARE NOT SUBJECT TO THIS MATRIX AND SHALL BE GUIDED BY THE LEASE DOCUMENT. 67 cclEXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT MONTHLY STATISTICAL REPORT AIRLINE: ACTIVITY FOR MONTH OF: ACUTAL TOTAL NON TOTAL AIRCRAFT AIRCRAFT NUMBER OF CHARTER LANDING SIGNATORY SIGNATORY LANDING FEE TYPE WEIGHT LANDINGS LANDINGS DIVERSIONS WEIGHT RATE RATE DUE C700 67,000 0 $ E135 40,785 0 $ E140 41,226 0 $ E145 43,651 0 $ AT72-212 47,068 0 $ AT72-212A 49,273 0 $ A319S 0 $ ERJ 41,226 0 $ LRJ 43,651 0 $ SLJ 40,785 0 $ XRJ 44,092 0 $ - 737-500 110,000 0 $ 737-300 114,000 0 $ 737-700 128,000 0 $ 737-800 144,000 0 $ - 737-900 146,900 0 $ 757-200 198,000 0 $ 757-300 224,000 0 $ EMB-190 97,000 0 $ CE-208B 8,500 0 $ MD-82 130,000 0 $ MD-83 139,500 0 $ - MD-87 128,000 0 $ B 737-400 $ TOTAL TOTAL LANDING LANDINGS 0 WEIGHT 0 Total $ TOTAL SEATS AVAILABLE PER USE NUMBER OF (TURN)FEE PER TURNS RATE Signatory Gate Use Fee $ Signatory RON(Runway Overnight Parking) $ Non-Signatory Per Turn Charge $ Non-Signatory RON $ ENPLANED REV PASSENGERS DEPLANED REV PASSENGERS ENPLANED NON REV PASSENGERS DEPLANED NON REV PASSENGERS TOTAL ENPLANED PASENGERS 0 TOTAL DEPLANED PASENGERS 0 CARGO: MAIL FREIGHT TOTAL DUE TO CRP S ENPLANED(OUTBOUND) Prepared/Approved by: DEPLANED(INBOUND) TOTAL POUNDS 0 0 Date 68 EXHIBIT F (Reserved) 69 EXHIBIT G (for illustrative purposes only) AVIATION ACTIVITY CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Enplaned Passengers: American 127,300 Southwest 117,473 United 95,965 Charters 2,438 Total 343,176 Aircraft Operations: American 2,219 Southwest 1,346 United 2,012 Charters 38 Total 5,616 Aircraft Landed Weight (1000 -Ib units): American 133,877 Southwest 166,712 United 97,791 Charters 5,266 Total 403,646 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model • 30 FINAL v2 - Exhibit G.xlsx Page 1 of 16 70 7/2/2018 EXHIBIT G (for Illustrative purposes only) CURRENTTERMINAL SPACE (s.1.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Terminal Soece: ATO/Bag Belt: American 1,104 Southwest 1,827 United 1,362 Vacant (Incl TM Cu, ATO, Bag Bea) 6,874 Total ATO/Bag Belt 11,166 Ticketing American 296 Southwest 470 United 365 Total Ticketing 1,131 Queueing: American 351 Southwest 581 United 296 Total Queueing 1,227 Oos; American 448 Southwest 419 United 601 Total Ops 1,468 Ncl American 0 Southwest 0 United 214 Total BSO 214 Holdroom: American 2,064 Southwest 2,293 United 2,310 Vacant/Ground Loading (Gates 1, 4, 6) 3,023 Total Holdroom 9,691 Airline Exclusive/Preferentlal Space: American 4,263 Southwest 5,590 United 5,147 Vacant 9,897 Total Exclusive/Preferential Space IA) 24,897 Aid ln eloint Use: Baggage Claim Public 4,102 Baggage Claim Tug Drive 1,900 Security Checkpoint 4,505 1'03.1101nt Use Space IB) 10,507 Total Airline Span (Cs.A+B) 35,404 1E55: Aldine Vacant Space (9,897) Total Airline leased Space 25,507 Other Terminal Space: Concession 5,456 Rental Car Counters/Offices 2,299 TSA Offices 6,687 Administrative Offices 14,744 Public Common Used 39,139 Other 42,025 Total Other Terminal Span ID) 110,351 Total Terminal Space IE=C+D) 145,755 Amounts may not add due torounding. Source:Airport management reco rdt 20 1.<10 fmmiell.loda• 30 INAL • .11.110 Paget of 18 EXHIBIT G (for illustrative purposes only) DEBT SERVICE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total [A] $ 631,601 Percent Allocatated: Airfield [B] 59.8% Terminal Building and Area [C] 23.5% Parking and Ground Transportation [D] 8.9% Other [E] 7.8% Total 100.0% By Cost Center: Airfield [F=A*B] $377,545 Terminal Building and Area [G=A*C] 148,615 Parking and Ground Transportation [H=A*D] 56,180 Other [I=A*E] 49,261 Total [J=F+G+H+I] $631,601 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 3 of 16 72 7/2/2018 EXHIBIT G (for illustrative purposes only) OPERATING EXPENSES CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 By Category: Personnel $ 3,461,457 Benefits $ 1,594,857 Supplies and Equipment $ 467,530 Contract Services $ 853,541 Utilities $ 636,000 Maintenance and Repairs $ 399,373 Administrative $ 567,631 Insurance $ 331,050 Total [A] $ 8,311,439 Percent Allocatated: Airfield [B] 21.5% Apron [C] 2.4% Terminal Building and Area [D] 45.5% Parking and Ground Transportation [E] 20.2% Aviation [F] 5.1% Non -Aviation [G] 5.2% Total 100.0% By Cost Center: Airfield [H=A*B] $ 1,788,449 Apron [I=A*C] $ 198,717 Terminal Building and Area [J=A*D] $ 3,781,782 Parking and Ground Transportation [K=A*E] $ 1,679,967 Aviation [L=A*F] $ 426,332 Non -Aviation [M=A*G] $ 436,192 Total $ 8,311,439 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 4 of 16 73 7/2/2018 EXHIBIT G (for Illustrative purposes only) CIP FUNDING PLAN (Fiscal Years Ending September 30) Protect Name Estimated CORPUS CHRISTI INTERNATIONAL AIRPORT Funding Sources Year Project Cost Actuals Variance Entitlement Discretionary CFCs Local (non PFCs) Local (PFCs) Other (3rd Party, etc) Rehabilitate Terminal Air Carrier Apron (Taxilane), Area Al, (Construction) 1/1/2017 3,333,333 0 3,333,333 $ - $ 3,000,000 $ - $ 333,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area A2, (Plans & Specs.) 1/1/2017 361,111 0 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A5, A6 & A7, (Construction) 1/1/2017 3,972,222 0 3,972,222 $ 1,875,000 $ 1,700,000 $ - $ 397,222 $ $ Rehabilitate East GA Apron, Areas A8 & A9 (Plans & Specs.) 1/1/2017 333,333 0 333,333 $ 300,000 $ - $ • $ 33,333 $ $ 2016.17 Subtotal $ 7,999,999 $ - $ 7,999,999 $ 2,500,000 $ 4,700,000 $ $ 800,000 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 2 (Construction) 1/1/2018 5,972,222 0 5,972,222 $ 1,375,000 $ 4,000,000 $ $ 597,222 $ - $ Rehabilitate Terminal Air Carder Apron (Taxilane), Area 3 (Plans & Specs.) 1/1/2018 361,111 0 361,111 $ 325,000 $ - $ $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Construction) 1/1/2018 4,277,778 0 4,277,778 $ 600,000 $ 3,250,000 $ $ 427,778 $ - $ Rehabilitate East GA Apron, Area A10 (Plans & Specs.) 1/1/2018 222,222 0 222,222 $ 200,000 $ - $ $ 22,222 $ - $ 2017-18 Subtotal $ 10,833,333 $ • $ 10,833,333 $ 2,500,000 $ 7,250,000 $ • $ 1,083,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Areas 3 (Construction) 1/1/2019 6,333,333 0 6,333,333 $ 1,700,000 $ 4,000,000 $ - $ 633,333 $ - $ Rehabilitate East GA Apron, Area A10, (Construction) 1/1/2019 2,222,222 0 2,222,222 $ - $ 2,000,000 $ - $ 222,222 $ - $ Improve Terminal Building, Phase I (Building Assessment)//CRP Funded [$250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - $ - $ CRP's Entitlement Reimbursement (FY -2020//$250,000] 1/1/2019 0 0 0 $ - $ - $ - $ - $ - $ Acquire 1500 Gallon ARFF Vehicle 1/1/2019 888,889 0 888,889 $ 800,000 $ - $ - $ 88,889 $ - $ 2018.19 Subtotal $ 9,444,444 $ - $ 9,444,444 $ 2,500,000 $ 6,000,000 $ - $ 944,444 $ - $ FY-2020//Improve Terminal Building, Phase II (Assessment, Plans & Specs.) 1/1/2020 1,388,889 0 1,388,889 $ 1,250,000 $ - $ - $ 138,889 $ - $ FY-2021//Improve Terminal Building, Phase III [Construction//$10.0M (est.)//CRP Funded] 1/1/2020 4,166,667 0 4,166,667 $ 3,750,000 $ - $ - $ 416,667 $ $ CRP's Entitlement Reimbursements ]FY(s)- 2022, 2023, and 2024] 1/1/2020 8,333,333 0 8,333,333 $ 7,500,000 $ - $ - $ 833,333 $ - $ 2019. 2024 Subtotal $ 13,888,889 $ - $ 13,888,889 $ 12,500,000 $ - $ $ 1,388,889 $ • $ Total Project Costs Please Note: ATO May Request Relocation of ASR -11 Due to Line -Of -She Problems (RWY 13 End) $ 42,166,665 $ - $ 42,166,665 $ 19,999,999 $ 17,949,999 $ $ 4,216,667 $ $ Note: Amounts may not add due to rounding. Source: Airport management records Page 5 of 16 74 7z,q,e EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Non -Airline Operating Revenue by Cost Center: Airfield: Fuel flowage fees $ 90,065 Security service $ 321,360 Total Airfield Aoron: RON Fees [A] $ 411,425 IB1 $ 1,000 Terminal Building and Area: Resale - Electric Power - Term $ 60,000 Airline Janitorial Services $ 40,450 Gift shop concession $ 115,500 Restaurant concession $ 170,268 Automated teller machines $ 12,000 Advertising space concession $ 60,000 Airport Badging Fees $ 36,950 TSA -Check Point Fees $ 87,600 Terminal Space Rental -other $ 500,436 Trash hauling - caterer $ - Other revenue $ 1,000 Total Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation: Parking lot $ 1,387,586 Premium Covered Parking $ 808,977 Auto rental concession $ 1,433,496 Parking fines -Airport $ - Rent -a -car parking $ 59,760 Rent -a -car Security Fee $ 262,824 Ground transportation $ 69,660 Total Parking & Ground Transportation [D] $ 4,022,303 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 6 of 16 75 72/2018 EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Aviation: Fixed based operator revenue $ 534,000 Cargo Facility Rental $ 29,364 Total Aviation [E] $ 563,364 Non -Aviation: Rent - commercial non -aviation $ 72,504 Agricultural leases $ 71,414 Gas and oil sales $ 7,056 Oil and gas leases $ 10,800 Total Non -Aviation [F] $ 161,774 By Cost Center: Airfield [A] $ 411,425 Apron [B] $ 1,000 Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation [D] $ 4,022,303 Aviation [E] $ 563,364 Non -Aviation [F] $ 161,774 Total Non -Airline Operating Revenue [G] $ 6,244,070 Non -Operating Revenue: Interest on investments $ 16,800 Tenant Maintenance Services $ Net Inc/Dec in Fair Value of Investment $ Sale of scrap/city property $ 3,250 Purchase discounts $ 3,000 Total Non -Operating Revenue [H] $ 23,050 Total Non -Airline Revenue [I=G+H] $ 6,267,120 Interfund Contributions: Interdepartmental Services [J] $ 48,000 Transfer from other Fund [K] $ 22,806 Total Non -Airline Revenue and Interdepartmental Contributions [L=1+1+K] $ 6,337,926 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 7 of 16 76 7/2/2018 EXHIBIT G (for illustrative purposes only) LANDING FEE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Airfield Requirement: Operating Expenses Debt Service Capital Outlay Budget 2017-18 $ 1,788,449 $ 377,545 Total Requirement [A] $ 2,165,994 Adjustments: Apron Credit $ GSE Storage Credit $ 16,131 Net Airfield Requirement: $ 2,149,864 Required Landing Fee (no subsidy applied) $ 5.33 Airfield Credits: Non -Signatory Airline Landing Fees $ - Non -Airline Revenue $ 411,425 Total Airfield Credits [B] $ 411,425 Net Airfield Requirement (airfield credits applied) [C=A -B] $ 1,738,439 Landed Weight (1000 -Ib units): [D] 403,646 Landing Fee Rate (without addl subsidy applied) [E=C/D] $ 4.31 Discretionary Revenue Applied [F] $ 533,152 Net Airfield Requirement [G=C -F] $ 1,205,286 Revised Landing Fee Rate [H=G/D] $ 2.99 Total Landing Fee Requirement [I=D*H] $ 1,205,286 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 8 of 16 77 7/2/2019 EXHIBIT G (for illustrative purposes only) AIRCRAFT PARKING APRON AREA AT TERMINAL (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Year Ending September 30) Budget 2017-18 Apron Requirement: Operating Expenses $ 198,717 Debt Service $ - Capital Outlay Total Requirement [A] $ 198,717 Apron Credits: RON Fees [B] $ 1,000 Net Apron Requirement [C=A -B] $ 197,717 Preferential Use Apron Area Leased [D] 121,702 Apron Fee (per s.f.) [E=C/D] $ 1.62 Total Apron Fee Revenue [F=D*E] $ 197,717 Apron Revenue: American $ 51,619 Southwest $ 45,548 United $ 100,549 Total Apron Fee Revenue by Carrier $ 197,717 Amounts may not add due to rounding. Source: Airport Management records. 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 9 of 16 78 71212018 EXHIBIT G (for illustrative purposes only) GSE STORAGE AREA CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Rented (sf): American [A] 2,427 Southwest [B] 3,684 United [C] 3,818 Total S.F. Airline Rented 9,929 GSE Rate [D] $1.62 Airline GSE Revenue: American [E=A*D] $ 3,943 Southwest [F=B*D] $ 5,985 United [G=C*D] $ 6,203 Total GSE Revenue $ 16,131 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 10 of 16 79 7/2/2018 EXHIBIT G (for illustrative purposes only) TERMINAL RENTAL RATE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Terminal Requirement: Operating Expenses Debt Service Capital Outlay Apron Allocation Total Terminal Requirement Required Terminal Rate (no subsidy applied) Budget 2017-18 $ 3,781,782 $ 148,615 [A] $ 3,930,396 $ 154.09 Terminal Credits: Non -Airline Revenue $ 1,084,204 Gate Fee Revenue $ 43,410 Federal lnspection Services $ Total Terminal Credits [B] $ 1,127,614 Total Airline Terminal Requirement (no Subsidy) [C=A -B] $ 2,802,782 Airline Leased Premises [D] 25,507 Terminal Rate (terminal credits applied/no addl subsidy) [E=C/D] $ 109.88 Gross Airline Terminal Revenue (no Subsidy) $ 2,802,782 Discretionary Revenue Applied Net Airline Terminal Revenue Effective Terminal Rate (with addl subsidy applied) Exclusive/Preferential Airline Rented Space Joint Use Space Terminal Revenue: Exclusive/Preferential Space Joint Use Space Total Terminal Revenue [F] $ 533,469 [G=C -F] $ 2,269,314 [H=G/D] $ 88.97 [I] 15,000 [J] 10,507 25,507 [K=H*I] $ 1,334,532 [L=H*1] $ 934,782 [M=K+L] $ 2,269,314 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model • 30 FINAL v2 - Exhibit Galax Page 11 of 16 80 7/2/2018 EXHIBIT G (for illustrative purposes only) GATE USE FEE CALCULATION CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total Gate Use Fee Requirement Effective Terminal Rate (with addl subsidy applied) [A] $ 88.97 Holdroom Space (sf) [B] 9,691 Total Holdroom Requirement [C=A*B] $ 862,177 Apron Requirement [D] $ 197,717 Total Gate Use Fee Requirement [E=C+D] $ 1,059,894 Total Annual Commercial Passenger Operations Average Signatory Gate Use Fee Per Operation Average Non -Signatory Gate Use Fee Per Operation All Gate Signatory Operations All Gate Non -Signatory Operations All Gate Signatory Revenues All Gate Non -Signatory Revenues Total Gate Revenues [F] 5,616 [G=E/F] $ 188.74 [H] $ 235.92 [I] 200 [J] 24 [K= G*1] $ 37,748 [L=H*J] $ 5,662 [M=K+L] $ 43,410 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL V2 - Exhibit G.dsx Page 12 of 16 EXHIBIT G (for illustrative purposes only) CORPUS CHRISTI INTERNATIONAL AIRPORT CALCULATION OF NET REVENUE AVAILABLE TO SHARE (Fiscal Years Ending September 30) Budget 2017-18 Revenue: Net Landing Fee Revenue (before subsidy) $ 1,738,439 Apron Fee Revenue 197,717 GSE Storage Fee Revenue 16,131 Terminal Rental Revenue (before subsidy) 2,802,782 Non -Airline Revenue: Airfield 411,425 Apron Fee Revenue 1,000 Terminal Building & Area 1,084,204 Parking and Ground Transportation 4,022,303 Aviation 563,364 Non -Aviation 161,774 Non Operating Revenue 23,050 Interfund Contributions 70,806 Total Revenue [A] $ 11,092,994 Operating Expense: Airfield $ 1,788,449 Apron 198,717 Terminal Building & Area 3,781,782 Parking & Ground Transportation 1,679,967 Aviation 426,332 Non -Aviation 436,192 Total Operating Expense Debt Service: Airfield Terminal Building & Area Parking & Ground Transportation Other Total Debt Service Total Airport Capital Expense Total Expense (including Debt Service) Amount Available to Share (after local CIP match) Terminal Upgrade Reserve [B] $ 8,311,439 $ 377,545 148,615 56,180 49,261 [C] $ 631,601 [D] $ 1,083,333 [E=B+C] $ 8,943,040 [F=A -D -E] $ 1,066,621 [G] $ Adjusted Available to Share [H=F-G] $ 1,066,621 2018 CRP Financial Model - 30 FINAL v2 - Fxhlbit G.xlsx Page 13 of 16 82 7nrz018 EXHIBIT G (for illustrative purposes only) COST PER ENPLANED PASSENGER CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Revenue: Landing Fees 1,205,286 Terminal Rentals 2,269,314 Apron Revenue 197,717 GSE Storage 16,131 Total Airline Revenue [A] $3,688,447 Enplaned Passengers [B] 343,176 Cost per Enplaned Passenger [C=A/B] $10.75 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 14 of 16 83 7/2/2018 88.97 $ 934,782 1 EXHIBIT G (for illustrative purposes only) AIRLINE RATES SUMMARY (Fiscal Years Ending September 30) Landing Fee (per 1,000 lbs./ American Southwest United Charters CORPUS CHRISTI INTERNATIONAL AIRPORT Budget 2017-18 Landed Weight Rate Total 133,877 $ 2.99 $ 399,756 166,712 $ 2.99 $ 497,802 97,791 $ 2.99 $ 292,003 5,266 $ 2.99 $ 15,725 ITotalLanding Fees 403,646 $ 1,205,286 I Terminal Rent (Exclusive/Preferential Ticket Counter/ATO/BSO/queueing/Bag Belt: American Southwest United Vacant Ops: American Southwest United Holdroom: American Southwest United Vacant Apron: American Southwest United GSE Storage: American Southwest United S.F. Rate Total 1,751 $ 88.97 $ 155,762 2,878 $ 88.97 5 256,004 2,237 $ 88.97 $ 198,995 6,874 $ 88.97 448 $ 88.97 $ 39,840 419 $ 88.97 $ 37,277 601 $ 88.97 $ 53,469 2,064 $ 88.97 $ 183,656 2,293 $ 88.97 $ 204,044 2,310 $ 88.97 $ 205,485 3,023 $ 88.97 31,774 $ 1.62 $ 51,619 28,036 $ 1.62 $ 45,548 61,892 $ 1.62 $ 100,549 2,427 $ 1.62 $ 3,943 3,684 $ 1.62 $ 5,985 3,818 $ 1.62 $ 6,203 1Total Exclusive/Preferential 156,528 $ 1,548,379 (Joint Use Bog Claim Public: American Southwest United Unscheduled Total Bag Claim Public Bag Claim Tunnel: American Southwest United Unscheduled Total Bag Claim Tunnel Security Checkpoint: American Southwest United Unscheduled Total Security Checkpoint S.F. Percentage Total Using 100% Joint Use Scenario 37.1% $ 135,375 34.2% $ 124,925 28.0'% $ 102,052 0.7% 5 2,592 4,102 $ 88.97 $ 364,945 37.1% $ 62,704 34.2% $ 57,864 28.0°% 5 47,269 0.7% $ 1,201 1,900 $ 88.97 $ 169,038 37.1% 5 148,675 34.2% $ 137,199 28.0% $ 112,078 0.7% $ 2,847 4,505 $ 88.97 5 400,799 'Total Joint Use 10,507 5 (Total Exclusive/Preferential &Joint Use Fees 167,035 $ 2,483,161 Page 150116 84 $ 3,688,4471 EXHIBIT G )for Illustrative purposes only) AIRLINE RATES SUMMARY (coni) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Summary by Airline: !Landing Fees: American Southwest United Unscheduled !Exclusive/Preferential: American Southwest United Vacant Total Preferential Joint Use: American Southwest United Unscheduled Total Joint Use Budget 2017-18 $ 399,756 $ 497,802 $ 292,003 $ 15,725 $ 1,205,286 $ 434,819 $ 548,859 $ 564,701 $ 1,548,379 $ 346,754 $ 319,988 $ 261,400 $ 6,640 $ 934,782 Total Landlnp & Terminal Rental Fees Amounts may not add due to rounding. Source: Airport management records Page 180116 85 [name SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 Nqq PO PP`E� 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Executive Director of Utilities dangC@cctexas.com (361) 826-1718 FROM: Wesley Nebgen, Assistant Director of Maintenance of Lines wesleyn@cctexas.com (361) 826-3111 Utility Taps and Connections CAPTION: Ordinance amending City Code Sections 55-70 through 55-72 regarding utility taps and connections. PURPOSE: This amendment will adjust tapping fees for water and wastewater services within the city limits or its extraterritorial jurisdiction. The increase is needed to recover the actual cost of providing this service to our customers. BACKGROUND AND FINDINGS: The City of Corpus Christi Utilities Department, as a service to its customers, installs water taps that are 2" or smaller, all water meters and residential wastewater taps.The cost of these services is recovered through tapping and meter fees paid to development services during the permitting process. Water taps that are greater in 2" in size and commercial wastewater taps are installed by an approved contractor and paid for directly by the customer. As part of 2018-19 budget analysis, water and wastewater tapping fees along with meter sets were evaluated using historical work orders and their associated costs. Upgrades to both the Maximo Enterprise Asset Management software and departmental operating procedures have allowed the Utilities Department to better manage and track the cost allocations associated with these various tasks. Based on this information, it was determined that adjustments to the ordinance and the associated tapping and meter fees were warranted. These adjustments account for more than $400,000 in lost revenue due to increases in material and labor costs. ALTERNATIVES: Do not authorize the amendment. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Changes to ordinance must be approved by City Council. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department, Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current Future Year 2018 CIP onl Year FY19 TOTALS Line Item Budget Encumbered / Expended Amount This item $425,000 $425,000 BALANCE $425,000 $425,000 Fund(s): Water, Wastewater Comments: New fee to take effect January 1, 2019 RECOMMENDATION: City staff recommend approval of this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Article V. Taps and Connections ORDINANCE AMENDING CITY CODE SECTIONS 55-70 THROUGH 55-72 REGARDING UTILITY TAPS AND CONNECTIONS SECTION 1. That City Code of Ordinances, Sections 55-70 through 55-72 regarding water, wastewater and gas utility taps is amended to read as follows: "Sec. 55-70. - Adoption of rules, regulations and fees for water, wastewater and gas tapsfees. The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer wastewater utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (1) Utility tap applications. Applications for water, gas or sewer wastewater taps may be accepted from anyone who has properly applied for a building or plumbing permit for taps to be made inside or outside the city, and the fees for such taps shall be paid before the permit is issued at Development Services Department. These fees shall be reviewed annually to ensure they are equitable. Nees 1;,�4�een�pted ^rrrleri^e th the ^aI �_`^�i m t Gede Ghapt 2295. fer ^ -air, -ar f as�T�, �„�Te�c�s-L���er�eg�o„�er��ert�eas� tneGit�y. ThefeessrhreduIo and map fer ssur--h Teess n ^finedOR Appendix A of the Platting of the Git y GE)F v is Ghricti (2) Utility tap fee payment. Utility tap fees 444 must be paid-in-full upon application of utility 61POR appli^atiGR Of 61tilittarp appliGa Rt h� o � at taps. � Gash s. s-re�ecst mer line extelp6siGin -;;Pd- ;N_ater tap, he may make payrneRt 61PA-.A -;;A ingstallment -h-AsSisS - _ RG161diRg a promissory note and- mer--hapir.'ss, -;;Ad- mate-Fialman's 'OR-.A r.e.Atrar.t. If a r__assh npayrneRt or, Fn_;;Qe-at the-tFF%Of deliV y-iOf thP-� nn4o -;;Ad- lion paper, the note sh-all -bp- fn-.r the -h-al-aproe- of the 10R.st-all-atin-In roharges. If RE) Gash payrn theprcperty 4�ereFVP-d-. Th��Sh-AII ho _ ^-Arryinn ^ e nn ani balan^o of fide /F\ ni ihli^ i 1tilitieS -n2.7 ;Hill be due_ -;;Pd- RqE)Rthly OR the 63-Arne _6the regular utility boll appliGable to the property. SuGh in6st-allimle-Int note -;;Pd- ron-Intr-arot Shc14 GGntain a provision tin the eaffer--t that the property GWRer agrees make the MoRthly applied to aRy payrneRt beGE)FniRg deloRq6leRt. Suroh roe.ptrarot shall alse provide that the Gity shall have the Fight t9 d_is%;G9.AtiA1_1R_ to the PFOPeFty OR the eveRt aRy 9f the iA6t_11meRt nwmentc he^nme delinoi lent (3) Utility tap fees defined. Utility tap fees are separate and distinct from any plumbing permit or inspection fees and will not be construed as being a part of or as including such fees. (4) Utility tap fees extra charges. NO ^harnes ;Nill he made in a2•ditinn to utility tan feet for streetG61ts; hewever, f .For taps ^ity, which cannot be readily made to existing main fatera4 lines provided for such services or for taps which involve major highway crossings or taps to major mains or trunk lines and similar cases, charges will be made to cover the entire cost of all work and material, including meters, if any, as estimated by the city. 1 �TF=ee-ss#edUie,gam (a) In349 ni4' limits• �aTn-ra�rac-vrr�"'T"Tc Ctvrreec Cac�aseRge rrt M M �e2 �e2 Rol GaaasI�es+d-egtial, 1 and 2 family dwe Rg $ 209. $ 200-vv ('`nmmerni�l 61P to eight innh in cine Loops zv vv �Aeter mnvec 7�0 GRrJ RPRidegt'�1-a+d z2-family GlWe41',;g $200.09 ('`nmmerniel 61P to ttemEL innh in cine Fee LooSPS � zv-vv Meter mnvec 20000 -(6)-L51 Definition of street taps and easement taps. (a) Street tap fees will apply to all taps madetn '-cv-ratte uia er to mains in front or at the side of property to be served, regardless of whether the line to be tapped is in the street, behind the curb or in some similar position. (b) Easement tap fees will apply to all taps made to mains nr 'o,�ateFals in the rear of the property to be served, where such lines are in dedicated or established easements or alleys. g4LQ Service to be provided for fees. Gas, seweF water, wastewater and gas taps will be made and services installed—to the nearest property or easement lines. Water meters will be installed per applicant's request and subsequent 2 city review and approval. Gas meters and regulator will be installed once the customer has opened a gas account. NeGeSsary motors and regi slaters will he inert, "Rd The entire installation will remain the property of the city and will 49'be maintained by the city for as long as services available from the city are desired on the property by the occupant. Maintenance of privately-owned service lines, or parts of service lines, on private property will be the responsibility of the owner, occupant or consumer. Failure to maintain such service lines will subject the service in question to discontinuance by the city. k@4JD Availability of service. The existence of mains or trunk lines, or even lateral lines, near a property will not constitute an obligation for he city to "ap such lines on request for taps, where such lines are inaccessible due to necessary crossings of major highways or major streets or due to excessive cost or excessive distance. These special cases must be arranged for with the Executive `:director or designee of publi U4+tilities well in advance of the desired service date, to permit necessary extensions, crossings or similar construction. (°)Fe=e Sc#edate� (a) IR e pity limit& �+ae ct�t -Ai dee F/S2 innh v 3/ WfI749 7'a-FFib1Y :-00 5h22 4 v 1 80740 70510 n.,evinvrr Pcvrar Leepr'*' monorn, m P75 00 P75 QA N.i CtP_.F MG_VcS*0 nmiMOi� uM m66-00 66 00 z epnvtc�--G-lists t he cnenified by the direntnr of�N_ater i itilitiec h-aced! nn r•Irr•1 1m ct-Annec ceyimc nihe.p theciihrlivicinn msec nnnctri inter! dttC �c 5/8innh v 35 innh ` zvTvv 3 /n\ 01Itsi`Jo ni.y limit& �c �c 5/8 innh v 3/ innh 74 -w.2-G 675; 40 0 125. 90090 (Dior 'I innh Qnonial* `-'N""""' `-'N""""' CBvpr,*, Fn nn ii-rrmunT ^err.G ^err.Tv FV'FVtG�77vv�r..S*� Rq �ilZ TL7TYlT �7-btY �7-bt7 n� Impes; ;.A.Ahp-.p th��o++����c-,,.�-WiIiicin-A iniac roaps4r,�rtp-d CC,,�.,,,�., Site �c F/S2 innh v 35 V 85.90 34 _`ti 1 20 zvv-vv 4 -Sec. 55-71. - Utility tapping fees. (a) Water fee schedule: Inside/outside city limits: Tapping Fee Street Easement Fee Fee 3/4 inch - 1 inch $ 2,700.00 $ 900.00 Over 1 inch Special* Special* Special* Meter move**, up to10 feet $ 250.00 $ 250.00 Each tap comes with one city water meter. * Denotes cost to be specified by the Water Utility Department based on circumstances ** Denotes $ 75.00 additional cost for each additional 5 feet of meter move. Meter Set (Pre-Tap) Fee % inch $540.00 1 inch $630.00 Over 1 inch Special* Special* * Denotes cost to be specified by the Water Utility Department based on circumstances (1) Meter Set (Pre-Tap) fees are applicable to inside and outside city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed or built. (2) Water taps are to be made by city or city approved utility contractor. Water tap greater than 2 inch must be installed by city approved water utility contractor. City does not install water taps greater than 2 inch. The tapping fees stated herein refer to services Provided by city. (3) The tapping services shall include tapping the water main, the installation of service lines to the nearest property or easement lines, and necessary pavement repairs. 5 (4) Taps where unusual conditions are involved shall be charged on the basis of estimates Provided by Water Utility Department. Such estimated costs must be deposited with the Development Services before work begins. Unusual conditions shall include but not be limited to the following: water service connection greater than sixty (60) feet: obstructions other than normal walks, curbs, and paving. (5) The pro- rata charges shall be collected at the time of collecting tap fees applicable to the specific property for all extensions made, for which cost is chargeable on a front-foot basis under the provisions of this section. The pro-rata fee schedule for fees is contained in City Code of Ordinances City of Corpus Christi, Texas, Chapter 14-Development Services, Article XIII.- Development Service Fees, Sec. 14-1341-Unified Development Code fees. (b) Wastewater fee schedule: Inside/outside city limits: Residential (Single-family) Wastewater Tap Fees Type Service Connection Depth up to 10 feet Fee ($) Pre-Tap $ 310.00 Easement Tap $ 1,400.00 Street Tap $ 3,750.00 (1) Residential wastewater service connections must be installed by city or a utility contractor. The fees stated herein refer to services provided by city. (2) Commercial and Industrial wastewater service connections must be installed by a utility contractor. (3) The city shall install only residential (single-family) service connection less than 10 feet in depth from the city wastewater mains to the nearest property or easement lines, both inside and outside the city limits. (4) Residential wastewater service connections greater than 10 feet in depth from the city wastewater mains to the nearest property or easement lines must be installed by a utility contractor (5) The above wastewater tap services shall include tapping the wastewater main, the installation of wyes/city cleanout, placing residential service lines to the nearest Property or easement lines, and necessary pavement repairs. 6 (6) Taps constructed where unusual conditions are involved shall be charged costs on the basis of estimates provided by Utility Department. Such estimated costs must be deposited with the Development Services before work begins. Unusual conditions shall include but are not limited to the following: wastewater lateral lines greater than sixty (60) feet: or obstructions other than normal walks, curbs, and paving: (7) The pro rata charges shall be collected at the time of collecting tap fees applicable to the specific property for all extensions made, for which cost is chargeable on a front-foot basis under the provisions of this section. The pro-rata fee schedule for fees is contained in City Code of Ordinances City of Corpus Christi, Texas, Chapter 14-Development Services, Article XIII.- Development Service Fees, Sec. 14-1341- Unified Development Code fees. (c) Gas fee schedule: Inside/outside city limits: Street Easement Fee Fee Gas—Residential, 1 and 2-family dwelling $ 200.00 $ 200.00 Commercial up to two inch in size $ 1,600.00 T $ 1,600.00 Fee Loop 20.00 Meter move 200.00 Gas fees for commercial line greater than two inches in size shall be charged on the basis of estimates provided by Gas Department. G. Fir-2-2Y14e1'tapp0Rg^;eeG. (a) fee for the of aRy hG6ise- -;; Swim Swiffir--ie.pt to r0over the average FeVieWed PeFiGdiGally by the departmeRt Of p6lbliG to eRr,6lFe they are equitable The (b) i iSP- IiRe tap nharno: 7 I I -r imp- -r r SEE r ! WIN ! -r -r r r r -AMS Shall WithiR sixty (60) days afteF GOMPIR-tiOR Of SHIGh IiRes pay 66IGh pre Fata payrneRts at rnllentinn foo of-n additiGRal ton (19) Per rent of ci inh nh�rnec Section 2. 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 jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. Section 3. Publication shall be made in the City of Corpus Christi's official publication as required by the City Charter. This Ordinance shall take effect on January 01, 2019. 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 12018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 9 Water Utility Meter and Tap Fees City Council September 18, 2018 Water Meter Set Fees Meter Sets Meter Size Current Fees Proposed 3/4" $201.30 $540.00 1" $250.80 $630.00 >1" Special No Change Meter Set Cost Breakdown Materials-$265.00 Labor- $213.00 Tools- $62.00 Total- $540.00 Water Tap Fees (Inside City Limits) Full Taps Street Tap Size Current Fee Proposed 3/4" $633.00 $2,700.00 1" $807.40 >1" Special* No Change Easement 3/4" $532.40 $900 1" $705.10 >1" Special* No Change Water Tap Fees (Outside City Limits) Full Taps Street Tap Size Current Fee Proposed 3/4" $860.20 $2,700.00 1" $1,125.30 >1" Special* No Change Easement 3/4" $675.40 $900.00 1" $900.90 >1" Special* No Change Water Taps and Meter Sets • Meter sets must be installed by City personnel • City crews only install taps 2" or smaller • Taps larger than 2" must be installed y by an approved contractor r • Developers and builders may use an approved contractor on any size tap {## , 5 Wastewater Tap Fees Wastewater Taps Pre-tap Tap Size Current Fee Proposed 4"-6" $250.00 $310.00 Easement 4"-6" $873.00 $1,400.00 Street 4"-6" $1,385.00 $3,750.00 In Summary • Tap and meter set fee increases are recommended to recover an estimated $400,000 in operating costs • The addition of the Pavement Cost Recovery Fee has greatly increased the cost of street taps • Costs of meter sets have increased due increases in material cost • We sent a letter out and met with the Builders Association • Changes will not take effect till January 01, 2019 Backup Slides The following slides are provide for additional information Definitions • "Tap" is a term describing the cutting of holes in existing piping to connect residential, commercial or industrial customer's service lines to water or wastewater services. • "Pre-tap" describes a tap connected at the time the water or wastewater infrastructure was installed and the resulting service line is capped without installing a meter or its apparatuses. • "Meter set" describes the installation of a meter and all the necessary apparatuses on a pre-tapped service line. History • Tap fees were last revised in 2013 • In 2014, the Utilities Department incurred additional costs due to changes in the street repair ordinance. • In 2017, City crews completed 684 meter sets, 207 water taps and 107 wastewater taps lk Street Cost • The City Utilities Department is charged two separate fees related to any street cut made during maintenance or installation of water and wastewater infrastructure. ➢ Repair Fee-Recovery of costs related to the repair of the damaged street. ➢ Recovery Fee-Recovery of costs related to future maintenance and a decrease in the useful life of the street due to the repair. • Street fees have increased significantly due to policy changes regarding construction methods Wastewater Taps • City crews only perform residential wastewater taps that are no deeper than 10' • Contractors are responsible for commercial and industrial wastewater taps. -40 -, 4 e .. 12 se GO O Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2018 Nc1852Ev Second Reading for the City Council Meeting of September 25, 2018 DATE: August 23, 2018 TO: Keith Selman, Interim City Manager FROM: Mark Van Vleck, Assistant City Manager markvv@cctexas.com 826-3082 Lawrence Mikolajczyk, Director, Solid Waste Operations LawM@cctexas.com 826-1972 Ordinance — Solid Waste Rate Increase FY 2018-2019 CAPTION: Ordinance amending the Corpus Christi Code of Ordinances, Chapter 21, Section 40, to increase collection fees for solid waste. PURPOSE: To increase the monthly Solid Waste collection charges to offset capital improvements and operating costs. BACKGROUND AND FINDINGS: The Proposed FY 2018-2019 Solid Waste revenues include estimated revenues generated with a proposed rate increase of a $2.21 to monthly residential and commercial solid waste charges. The fee increase will offset anticipated cost increases for the landfill operations, air monitoring contracts, construction of a landfill disposal cell, new/replacement refuse and recycle carts, and programmed contractual increases based on changes in the consumer price index. The last rate increase to monthly solid waste charges was effective January 31, 2011 to fund components of the single-stream recycling program. ALTERNATIVES: Not amending the Code of Ordinances OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to the City of Corpus Christi Code of Ordinances. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 $2,262,496.00 $2,262,496.00 BALANCE 0.00 $2,262,496.00 $2,262,496.00 Fund(s): Comments: Rate changes will generate additional estimated revenue of $512,496 for capital improvements, $1 ,227,000 for the landfill air monitoring and operations, $457,000 for new and replacement refuse/recycling carts, and $66,000 for contractual costs resulting from increases in the consumer price index. RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Corpus Christi Code, Chapter 21, Section 40, to in- crease collection fees for solid waste. SECTION 1. Chapter 21, Sections 40(a)(15) and (17) only of the Corpus Christi Code of Ordinances are amended by increasing the fee amounts to read as follows: "Sec. 21-40. - Charges—For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (15) Improvements to solid waste services $849$2.39 per month (17) Solid waste capital improvements $4-.98$1.50 per month (b) xx � << SECTION 2. If, for any reason, 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, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every portion or provision of this ordinance be given full force and effect for its purpose. SECTION 3. The City Secretary is directed to publish this ordinance in the official newspaper of the City of Corpus Christi in accordance with the requirements of the City Charter and State law. SECTION 4. This ordinance takes effect October 1 , 2018. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor s SERVICES Solid Waste Proposed FY 2018-2019 Rate Increase Council Presentation ,.� September 18, 2018 ff=P%9f AA FY 2018-2019 Rate Increase `` F SERVICES The proposed increase is $2.21 to monthly residential and commercial solid waste utility accounts. The last rate increase to monthly solid waste fees was effective January 31, 2011, to fund the single-stream recycling program. ff=P%9f AA FY 2018-2019 Rate Increase `` F SERVICES Rate changes will generate additional revenue: $0.50 Cefe cell construction $ 512,496 $1.20 Landfill contracts * $ 1,227,000 $0.45 New and replacement carts $ 457,000 $0.06 Contractual increases based on CPI annual rates $ 66,000 $2.21 $ 2,262,496 * Operations, air monitoring, gas collection systems. FY 2018-2019 Rate Increase SERVICES Current Fee Adjusted Residential Collection Rate Increase Rate Single Family $16.91 $16.91 Recycling Education 0.25 $0.25 Improvements to Solid Waste Services 0.68 $1.71 $2.39 Solid Waste Capital Improvements 1.00 $0.50 $1.50 Subtotal -Solid Waste Base Fee $18.84 $2.21 $21.05 Municipal Solid Waste System Service Charge $3.42 $3.42 State Disposal Fee 0.20 0.20 Sales Taxes 1.85 $0.18 2.03 $24.31 $2.39 $26.70 Commercial Collection Commercial Account $33.82 $33.82 Recycling Education 0.25 $0.25 Improvements to Solid Waste Services 0.68 $1.71 $2.39 Solid Waste Capital Improvements 1.00 $0.50 $1.50 Subtotal -Solid Waste Base Fee $35.75 $2.21 $37.96 Municipal Solid Waste System Service Charge $4.17 $4.17 State Disposal Fee 0.20 0.20 Sales Taxes 3.31 $0.18 3.49 $43.43 $2.39 $45.82 FY 2018-2019 Rate Increase SERVICES Questions? se o� Va. v AGENDA MEMORANDUM NORROPpEO First Reading Ordinance for the City Council Meeting of September 18, 2018 1852 Second Reading Ordinance for the City Council Meeting of September 25, 2018 DATE: September 13, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance transferring funds for erosion, drainage, and 3D modeling work for the North Beach Area CAPTION: Ordinance transferring $23,000 from the City Council Business Accounts in the General Fund to the Comprehensive Planning Department Budget for beach erosion, drainage, and 3D modeling work for the North Beach Area. PURPOSE: To transfer funds to the Comprehensive Planning department for beach erosion, drainage and 3-D modeling work for the North Beach area. The cost of the work is estimated to be $30,000. The funding for the work will come from the City Council business accounts ($23,000) and the Comprehensive Planning professional services account ($7,000). BACKGROUND AND FINDINGS: The City Council directed City staff to identify funding sources to have this work done at the September 11, 2018 City Council meeting. Funds in the amount of$23,000 are appropriated from the City Council Business Accounts in the General Fund, Fund No. 1020 and transferring said funds to the Comprehensive Planning Budget Fund No. 1020 for the Beach Erosion, Drainage and 3D Modeling for the North Beach area. ALTERNATIVES: Not approve the transfer and either not do the work or approve other funding sources. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: This item requires two readings. The second reading will be at the regular September 25, 2018 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 30,000 Encumbered / Expended Amount This item 1 30,000 BALANCE 0 Fund(s): General Fund Comments: None RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE TRANSFERRING $23,000 FROM THE CITY COUNCIL BUSINESS ACCOUNTS IN THE GENERAL FUND TO THE COMPREHENSIVE PLANNING DEPARTMENT BUDGET FOR BEACH EROSION, DRAINAGE, AND 3D MODELING WORK FOR THE NORTH BEACH AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $23,000 from the City Council Business Accounts in the General Fund, Fund No. 1020, are transferred to and appropriated in the Comprehensive Planning Department budget in Fund No. 1020 for Beach Erosion, Drainage, and 3D Modeling work for the North Beach area. 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 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: Mayor Joe McComb Ben Molina Rudy Garza Everettt 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 se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager mikema(ccD..cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services kimb2Ca-)cctexas.com (361) 826-3169 GovQA Code Enforcement Applications Software License CAPTION: Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. PURPOSE: This service agreement will provide the purchase of GovQA Code Enforcement Applications Software License for the Code Enforcement Division. BACKGROUND AND FINDINGS: The Code Enforcement Division has utilized GovQA Code Enforcement Applications Software successfully for the last five years. This webhosted system allows the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint. The webhosted system is also used by other City departments to streamline the complaints to the appropriate Code Enforcement Officers. The system allows for quality and efficiency for reports and tracking capabilities of any abatements or fees placed against the properties. This GovQA Code Enforcement Applications Software License is quoted as a sole source purchase. Changing the current system would not be cost effective due to the volume of data already stored and tracked in the current system. 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: Code Enforcement FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $75,000.00 $75,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $75,000.00 $75,000.00 BALANCE $0.00 $0.00 Fund(s): Comments: The contract value total is a not-to-exceed $75,000 which all will be funded next year and the following years in future year's budgets at $15,000 each year bringing the total contract value to $75,000. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a five-year service agreement for the purchase of GovQA Code Enforcement Applications Software License from WebQA, Inc., dba GovQA, Woodridge, IL, for $75,000. WHEREAS, the GovQA Code Enforcement Applications Software License will be purchased for use by Code Enforcement as well as other City departments; WHEREAS, this item allows the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint; 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 or protect the public health and safety of the City's residents by allowing the City to streamline its processes of complaints and violations, address them in a timely manner and notate any action taken against the complaint; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a five-year service agreement with WebQA, Inc., dba GovQA, Woodridge, IL. for the purchase of GovQA Code Enforcement Applications Software License, for a total amount not-to-exceed $75,000. 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION GOVQA SOFTWARE LICENSE FOR CODE BUYER: JOHN ELIZONDO ENFORCEMENT WebQA, Inc. DBA GovQA Woodridge, IL UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 GovQA Software License for Code Enforcement 1 5 1 YR 1 $15,000.001 $75,000.00 Total Price $75,000.00 GQVQA MASTER SERVICES) AGREEMENT For GovQA Code Enforcement Applications THIS MASTER SERVICE(S) AGREEMENT (the "Agreement") GOVQA may terminate service(s) if payments are not received by between WebQA,Inc.,d/b/a(hereafter"GovQA")GovQA("GOVQA") GOVQA as specified in Schedule A.All monies associated to the current with its principal place of business at 900 S. Frontage Road, Suite 110 term will be due immediately. Woodridge,IL,60517 and the City of Corpus Christi,TX,a city with its Upon any termination, GOVQA will discontinue Service(s)under this principal place of business at 1201 Leopard Street, Corpus Christi, TX agreement; GOVQA will provide Customer with an electronic copy of 78401 ("Customer") is made effective as of November 1, 2018 all of Customer's data,if requested and for a cost of no more than$2,500; ("Effective Date".) and, provisions of this Agreement regarding Ownership, Liability, 1. GOVQA DELIVERY OF SERVICE(S)• Confidentiality and Miscellaneous will continue to survive. GOVQA grants Customer a non-exclusive, non-transferable, limited 6. INDEMNIFICATION license to access and use the GOVQA Service(s) on the Authorized To the extent allowed by law,each Party agrees to fully indemnify and Website(s)identified in the attached Schedule A in consideration of the hold harmless the other for any and all costs,liabilities,losses,and fees and terms described in Schedule A. This Agreement will also govern expenses resulting from any claim,suit,action,or proceeding brought all additional Schedules for Service(s). by any third party. 2. CUSTOMER RESPONSIBILITIES: 7. ACCEPTABLE USE: Customer acknowledges it is receiving only a limited license to use the Customer represents and warrants thatthe Service(s)will only be used for Service(s) and related documentation, if any, and shall obtain no title, lawful purposes,in a manner allowed by law, and in accordance with ownership nor any other rights in or to the Service(s) and related reasonable operating rules, policies, terms and procedures. GOVQA documentation,all of which title and rights shall remain with GOVQA. may,upon misuse of the Service(s),request Customer to terminate access However,Customer will retain ownership of all its data in the system. to any individual and Customer agrees to promptly comply with such Customer agrees that(1)this license is limited to applications for its own request unless such misuse is corrected. use and may not lease or rent the Service(s)nor offer its use for others; 8.CONFIDENTIALITY- (2)GOVQA is not responsible for content placed into the Service(s);(3) Each party hereby agrees to maintain the confidentiality of the other that the Service(s)will not be used to capture confidential information of party's confidential and proprietary materials and information,including any kind such as social security numbers or individual financial data or but not limited to, all information, knowledge or data not generally other sensitive data; and, (4) that it will maintain the Authorized available to the public which is acquired in connection with this Website(s) identified in Schedule A, provide GOVQA with all Agreement, unless disclosure is required by law. Each party hereby information reasonably necessary to setup or establish the Service(s)on agrees not to copy,duplicate,or transcribe any confidential documents of Customer's behalf, and allow a 'Towered by GovQA" logo with a the other party except as required in connection with their performance hyperlink to GOVQA's website home page on the Authorized Website. under this Agreement. Customer acknowledges that the Service(s) 3. SERVICE(S)LEVELS: contain valuable trade secrets,which are the sole property of GOVQA, GOVQA will use commercially reasonable efforts to backup and keep and Customer agrees to use reasonable care to prevent other parties from the Service(s) and Authorized Website(s) in operation consistent with learning of these trade secrets or have unauthorized access to the applicable industry standards and will respond to customers'requests for Service(s). GOVQA will use reasonable efforts to insure that any support during normal business hours. GOVQA contractors maintain the confidentiality of proprietary materials and information. THE SERVICE(S)ARE PROVIDED ON AN "AS IS" BASIS,AND CUSTOMER'S USE OF THE SERVICE(S) IS AT ITS OWN RISK. 9. MISCELLANEOUS PROVISIONS: GOVQA DOES NOT WARRANT THAT THE SERVICE(S)WILL BE This Agreement will be governed by and construed in accordance with UNINTERRUPTED OR ERROR-FREE OR UNAFFECTED BY the laws of the State of Texas. FORCE MAJEURE EVENTS. GOVQA may not assign its rights and obligations under this Agreement, 4. WARRANTY AND LIABILITY: in whole or part, without prior written consent of Customer, which GOVQA MAKES NO REPRESENTATION OR WARRANTY AS TO consent will not be unreasonably withheld. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE STATED HEREIN OF THE 10. ACCEPTANCE: SERVICE(S) AND SHALL HAVE NO LIABILITY FOR ANY Authorized representatives of Customer and GOVQA have read the CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BUT foregoing and all documents incorporated therein and agree and accept NOT LIMITED TO,DATA LOSS AND BUSINESS INTERRUPTION, such terms effective as of the date first written above. AND THE PARTIES AGREE THAT THE ONLY REMEDIES THAT Customer: Corpus Christi,TX SHALL BE AVAILABLE TO CUSTOMER UNDER THIS AGREEMENT SHALL BE THOSE EXPRESSLY SET FORTH IN Signature: THIS AGREEMENT. GOVQA'S LIABILITY UNDER ALL CIRCUMSTANCES INVOLVED HEREIN IS EXPRESSLY LIMITED Print Name: TO THE AMOUNT RECEIVED BY GOVQA UNDER THIS Title: Date: AGREEMENT. 5.TERMINATION: GOVQA Inc. Either party may terminate this agreement without cause if the Signature: terminating party gives the other party sixty(60)days written notice prior Print Name: John Dilenschneider to termination. Should Customer terminate without cause after the first date of the then current term as defined in the attached schedule, Title: CEO Date: Customer must pay the balance of the current contracted term and this payment obligation will immediately become due. 3/20/2018 1 of 2 Corpus Christi,TX—Code Enforcement Module Party Initials: GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Code Enforcement Applications SCHEDULE A Contracted Term:11/1/18—10/31/23 Monthly Software Subscription Costs Total Software Licenses #Seats MonthlyCost Annual Cost GovQA Code Enforcement Unlimited $1,250 $15,000 Total $1,250 $15,000 Terms and Conditions Additional Terms and Conditions This new contract term will not renew automatically. In order to renew there must be written consent from both parties. Billing Fees are exclusive of all taxes;complete annual service cost is billed on an annual basis in advance.Price will remain locked in at the aforementioned rate for the entire contracted term. Payment Terms Payments are due Net 30&bill quarterly Remittance All payments should be made directly to WebQA,and will not be deemed received until actually received in WebQA offices. Accounts Receivable Please remit all payments to: WebQA,Inc. 900 S.Frontage Road,Ste, 110 Woodridge,IL 60517 Acceptance of Aereement IN WITNESS WHEREOF,the parties have executed this Master Agreement by their duly authorized officers or representatives and delivered as of the Effective Date. The effective date of this Addendum is November 1,2018. WebQA Inc. Corpus Christi,TX Signature Date Signature Date Printed Name Title Printed Name Title 3/20/2018 2 of 2 Corpus Christi,TX—Code Enforcement Module Party Initials: Addendum to GOVQA MASTER SERVICE(S)AGREEMENT For GovQA Code Enforcement Applications This Addendum shall modify the GOVQA MASTER SERVICE(S) AGREEMENT between the City of Corpus Christi and WebQA, Inc., dba GovQA by adding the following provisions to the end of the GOVQA MASTER SERVICE(S)AGREEMENT. 11. Certificate of Interested Parties. GovQA 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. 12. 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 GovQA verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 13. 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. Customer: Corpus Christi, TX Signature: Print Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date GOVQA Inc. Signatur . Print NamJhn Dile ch eider r 7 Title: CEO Date: ��� muS c� w �a o F v AGENDA MEMORANDUM NCpppppp{EQ Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Police Chief M ikeMa(a-).cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a-).cctexas.com (361) 826-3169 Veterinary Medicines and Supplies CAPTION: Motion authorizing a one-year supply agreement with Patterson Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary medicines and supplies for a total amount not to exceed $380,426.15. PURPOSE: This is a motion to approve a supply agreement for veterinary medicines and supplies. BACKGROUND AND FINDINGS: These medicines and supplies will be utilized by the Corpus Christi Police Department's Animal Care Services Division, Veterinarian, to treat animals. This contract will provide unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Patterson Veterinary Supply, 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: Animal Control FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $380,426.15 $380,426.15 Encumbered / Expended Amount .00 .00 This item .00 $380,426.15 $380,426.15 BALANCE .00 .00 .00 Fund(s): General Fund Comments: The initial contract term total is $380,426.15 for one year, which will be funded in FY 2018-2019. 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 1752-Veterinary Medicines and Supplies BUYER:MINERVA ALVARADO Group 1-Surgery Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Ansell Sensi Touch 1 sterile surgical gloves Box/50 100 $29.69 $2,969.00 $31.25 $3,125.00 $31.25 $3,125.00 no bid latex powdered size 7 Polydioxanone Suture Violet monofilament Miller priced at buy4get 1 2 30"Reverse Cutting FS Box/12 200 $57.13 $11,426.00 $58.60 $11,720.00 $50.80 $8,128.00 no bid free,total price adjusted to 1)2-0 VFS-1 with 3/8 reflect unit price times quantity circle 24mm GENERIC Approved (Polydioxanone Suture Violet monofilament Miller priced at buy4get 1 3 30"Reverse Cutting F5 1)2-0 VFS-1 3/8 circle Box/36 55 $263.30 $14,481.50 $58.60 $3,223.00 $140.40 $6,177.60 no bid free,total price adjusted to 24mm GENERIC reflect unit price times quantity Approved (25 Meters-Violet Monofilament Polydioxanone Miller priced at buy get 1 4 Synthetic Absorbable Cassette 50 $76.43 $3,821.50 $70.89 $3,544.50 $72.80 $2,912.00 no bid free,total price adjusted to Sterile Suture on a reflect unit price times quantity cassette)2-0 GENERIC Approved (Polydioxanone Suture "Violet monofilament 30" Miller priced at buy4get 1 5 CP-1)0-0�circle Reverse Cutting Box/12 300 $57.13 $17,139.00 $57.72 $17,316.00 $50.80 $12,192.00 no bid free,total price adjusted to CP- 36mm GENERIC reflect unit price times quantity Approved (Polydioxanone Suture Violet monofilament 6 30"Reverse Cutting Box/36 50 $274.69 $13,734.50 $57.72 $2,886.00 $281.08 $14,054.00 no bid CP-1)0-0 Y circle 36mm GENERIC Approved 1 (25 Meters-Violet Monofilament Polydioxanone Miller priced at buy4 get 1 7 Synthetic Absorbable Cassette 20 $83.85 $1,677.00 $84.20 $1,684.00 $89.34 $1,429.44 no bid free,total price adjusted to Sterile Suture on a reflect unit price times quantity cassette)0-0 GENERIC Approved 8 Sterile Surgical Blade Box/100 50 $23.75 $1,187.50 $13.10 $655.00 $12.62 $631.00 no bid Size 10(100 per box) 9 Isoflurane,USP 250ml 250m1/ 60 $22.57 $1,354.20 $22.70 $1,362.00 $25.30 $1,518.00 no bid bottles bottle Marcaine 0.5% 10 (bupivacaine HCI 50ml/vial 60 $2.53 $151.80 $5.70 $342.00 $4.35 $261.00 no bid injection,USP)50ml Multipe-Dose Vial Carprofen 50mg/ml 11 Injectable 20ml bottle 20ml/vial 60 $63.44 $3,806.40 $65.40 $3,924.00 $62.99 $3,779.40 no bid GENERICApproved Carprofen 50mg/ml 50m1/ 12 Injectable 50ml bottle bottle 60 $150.67 $9,040.20 $130.65 $7,839.00 $147.23 $8,833.80 no bid GENERICApproved Carprofen 25mg Bottle/ Miller priced at buy get 1 13 Chewable 180 tablets 180 50 $84.60 $4,230.00 $55.68 $2,784.00 $84.60 $3,384.00 no bid free,total price adjusted to GENERIC Approved reflect unit price times quantity Carprofen 75mg Bottle/ Miller priced at buy get 1 14 Chewable 180 Tablets 180 50 $104.40 $5,220.00 $64.24 $3,212.00 $104.40 $4,176.00 no bid free,total price adjusted to GENERICApproved reflect unit price times quantity Carprofen 100mg Bottle/ Miller priced at buy get 1 15 Chewable 180 Tables 180 50 $129.60 $6,480.00 $81.18 $4,059.00 $129.60 $5,184.00 no bid free,total price adjusted to GENERICApproved reflect unit price times quantity Non-Sterile 200 Non- Miller miscalculation$1900 16 woven Sponges 4"x4", Box/10 50 $23.60 $1,180.00 $1.75 $87.50 $3.80 $190.00 no bid changed to$190. 4 PLY 17 Endotracheal Tube 3.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 18 Endotracheal Tube 3.5 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 19 Endotracheal Tube 4.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 20 Endotracheal Tube 4.5 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 21 Endotracheal Tube 5.0 Single 15 $1.28 $19.20 $1.35 $20.25 $1.61 $24.15 no bid 22 Endotracheal Tube 5.5 Single 15 $1.28 $19.20 $1.35 1 $20.25 $1.61 $24.15 no bid 2 23 Endotracheal Tube 6.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 24 Endotracheal Tube6.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 25 Endotracheal Tube 7.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 26 Endotracheal Tube 7.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 27 Endotracheal Tube 8.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 28 Endotracheal Tube 8.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 29 Endotracheal Tube 9.0 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 30 Endotracheal Tube 9.5 Single 30 $1.28 $38.40 $1.35 $40.50 $1.61 $48.30 no bid 31 Endotracheal Tube Single 30 $8.03 $240.90 $1.35 $40.50 $1.61 $48.30 no bid 10.0 Endotracheal Tube Midwest miscalculation 32 11.0 Single 15 $8.03 $120.45 $8.45 $126.75 $17.96 $269.40 no bid submitted total of$240.90, corrected to$120.45 Surgical Drape Box/300 33 Material 300 yards 12 $60.00 $720.00 $81.30 $975.60 $65.00 $780.00 no bid 38.5 inches Yards 34 Carb 02 Lime 5 gallon 20 $94.67 $1,893.40 $79.10 $1,582.00 $87.46 $1,749.20 no bid Sodasorb 5 gal 35 Chlorohexidine 1 gallon 5 $6.29 $31.45 $6.60 $33.00 $6.70 $33.50 no bid Solution 2%gallon 36 Chlorohexidine Scrub 1 gallon 5 $14.55 $72.75 $15.35 $76.75 $20.93 $104.65 no bid 2%gallon 37 Blue Medicine Vial Box 3 $55.88 $167.64 $39.25 $117.75 $23.35 $70.05 no bid Medium 400ct 8 dram 38 Ketchum Animal Tube 10 $16.15 $161.50 $6.25 $62.50 $6.25 $62.50 no bid Tattoo 1 ounce green 39 3M Vetbond Tissue Tube 30 $13.79 $413.70 $14.55 $436.50 $13.74 $412.20 no bid Glue.1 fl ounce(3ml) 40 Ear Loop Masks 2 ply Box/50 5 $3.91 $19.55 $4.15 $20.75 no bid no bid Jorvet 41 21"Bouffant Caps Box 5 $3.77 $18.85 $4.35 $21.75 $7.20 $36.00 no bid GENERICApproved 42 Steam Indicator Tape Roll 15 $3.78 $56.70 $2.75 $41.25 $5.89 $88.35 no bid 43 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 no bid Delive Group 1-Total $102,362.89 $71,868.60 $80,285.69 no bid Group 2-Anesthetics Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME 3 Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Ketamine mg m 44 10ml vial GENERIC 200 $6.15 $1,230.00 $5.09 $1,018.00 $5.99 $1,198.00 No bid Approved 10ml/vial To-M-ge-sic-TYM-9777 45 50ml bottle GENERIC 50m1/ 20 $179.29 $3,585.80 $162.07 $3,241.40 no bid No bid Approved Bottle y romorp ine 46 2mg/ml(20 ml) 20m1/ 80 no bid $17.70 $1,416.00 no bid No bid GENERICApproved Bottle Acepromazine 47 10mg/ml 50ml bottle 50m1/ 5 $17.49 $87.45 $19.25 $96.25 $18.77 $93.85 No bid GENERICApproved Bottle yazine mg m 48 50ml bottle GENERIC 50m1/ 5 $17.41 $87.05 $17.35 $86.75 $21.06 $105.30 No bid Approved Bottle e e omi ine 49 .5mg/ml 10ml vial 10ml/vial 60 $138.86 $8,331.60 $108.68 $6,520.80 $124.97 $7,498.20 No bid GENERICApproved 50 Simbabol 1.8ml 10ml 10ml/vial 2 $217.00 $434.00 $217.00 $434.00 no bid No bid Midazolam 5mg/ml 51 10ml vial GENERIC 10mi/vial 300 $7.83 $2,349.00 $6.98 $2,094.00 no bid No bid Approved 52 Delivery Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 No bid Group 2-Total $16,229.90 $15,032.20 $9,020.35 No bid "vendor did not bid on all items Group 3-Vaccinations Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QT'S Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 53 DHPP vaccine Single ml 10,000 $2.78 $27,800.00 $2.78 $27,800.00 $4.31 $43,100.00 no bid injectable 1ml vial Bordetella Single ml 54 bronchiseptica 10,000 $2.72 $27,200.00 $2.72 $27,200.00 $3.98 $39,800.00 no bid intranasal 1 ml vial 55 Rabies 3 year vaccine Single ml 10,000 $1.03 $10,300.00 $1.03 $10,300.00 $1.8960 $18,956.00 no bid vial 56 FVRCP vaccine Single ml 5,000 $1.61 $8,050.00 $2.13 $10,650.00 $3.2024 $16,012.00 no bid injectable 1 ml vial Revolution 85.1- Patterson sells Revolution in 57 130#GENERIC Box/6 5 no bid $93.00 $93.00 no bid no bid carton/6.Quantity changed to Approved 1 4 DHPP(Canine Total quantity needed is 5000 Distemper-Adenvirus) not 5000 boxes.Quantity 58 Type 2—Para Box/25 5,000 $69.50 $13,900.00 $69.50 $13,900.00 $94.19 $18,838.00 no bid should be changed to 200 for influenza-Parvo Virus box/25 Vendor priced as Vaccine quantity 200 Vanguard Intranasal B (IN)Bordetella 59 Bronchiseptica Box/25 5,000 no bid no bid no bid no bid Vaccine-Avirulent Live Culture Felocell 4-Fline Please note that only one Rhiotrachetis-Calici- vendor can provide these 60 Panleukopenia- Box/25 5,000 no bid no bid no bid no bid items and they did not bid Chlamydia Psittaci Vaccine Defensor 3—Rabies 61 Vaccine—Killed Virus Single ml 10,000 no bid no bid no bid no bid vial Single Dose Vials Rimadyl 50mg/ml Single ml Midwest quoted as 20ml 62 (carprofen)injectable- 10,000 $63.44 $31,720.00 $2.61 $26,130.00 no bid No bid instead of 1ml.Quantity GENERICApproved vial changed to 500 Heartworm Tests— Vendor sells box/100 not 63 Idexx Heartworm Snap Box/30 10,000 no bid $252.00 $25,200.00 no bid $76.20 $25,374.00 box/30.Quantity was changed Tests to 100 Total quantity needed is 5000 not 5000 boxes.Vendor sells Abaxis 64 Parvo Tests—Idexx or Box/10 5,000 $232.20 $58,050.00 $232.20 $58,050.00 no bid $56.65 $56,650.00 UOM box/100 not box/30. Quantity changed to 250 by vendor 65 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 Delivery Group 3-Total $177,145.00 $199,448.00 $136,831.00 $82,149.00 *vendor did not bid on all *vendor did not bid on all items items Group 4-Medical Supplies Midwest Veterinary Supply, Patterson Veterinary Miller Veterinary Supply IDEXX Distribution,Inc. Inc. Supply,Inc. ITEM DESCRIPTION UNIT QTY Lakeville,MN Greeley,CO Fort Worth,TX Westbrook ME Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Artifical Tears 66 Ointment(Lubricant 12 per 20 $36.36 $727.20 $40.80 $816.00 $55.68 $1,113.60 no bid Ophthalmic Ointment package (Sterile)1/8 oz 67 Strongid T(pyrantel I Quart 50 $18.40 1 $920.00 1 $24.45 $1,222.50 $28.56 1 $1,428.00 no bid pamoate 1 t bottle 5 Panacur 68 (fenbendazole) 1,000ml 100 $114.32 $11,432.00 $114.32 $11,432.00 $110.45 $11,045.00 no bid Suspension 10%(100 Bottle MR/ml))1000ml 69 Heartworm antigen Varies 6,000 $2.52 $15,120.00 $2.52 $15,120.00 $3.50 $21,000.00 no bid test 70 FeLV antigen and FIL Varies 3,000 $12.15 $36,450.00 $12.15 $36,450.00 no bid no bid anti body test 1ml Nipro Syringes 71 w/o needles(Sterile); Box/100 100 $12.11 $1,211.00 $7.35 $735.00 $12.30 $1,230.00 no bid Alternate:Terumo 72 1ml Syringes w/25gx Box/100 100 $8.67 $867.00 $8.65 $865.00 $17.27 $1,727.00 no bid 5/8"Needle(Sterile) 73 3ml Syringes w/22g x Box 100 100 $6.00 $600.00 $5.75 $575.00 $10.51 $1,051.00 no bid 33W Needle Sterile Insulin Syringe 2/29g x 74 'h"Needle U-100 Box/100 20 $8.31 $166.20 $9.00 $180.00 $17.38 $347.60 no bid 100ct(.5cc syringes) 75 3ml Syringes w/20g Box/100 100 $6.00 $600.00 $5.75 $575.00 $10.51 $1,051.00 no bid Needle Plain Microscope Slides 72ct-Clear Glass 76 -Ground edges-1"x Box/72 20 $2.37 $47.40 $3.00 $60.00 $2.07 $41.40 no bid 3"1.Omm x 1.2 mm Thick 77 Microscope Cover Box 24 $1.88 $45.12 $2.25 $54.00 $2.20 $52.80 no bid Slip Nipro Syringes 5ml 78 w/o needle Box/50 30 $16.06 $481.80 $7.90 $237.00 $15.99 $479.70 no bid Alternate:Terumo Nipro Syringes 10ml 79 w/o needle Box/100 30 $17.95 $538.50 $9.05 $271.50 $18.24 $547.20 no bid Alternate:Terumo Nipro Syringes 20ml 80 w/o needle Box/50 30 $24.71 $741.30 $11.15 $334.50 $24.62 $738.60 no bid Alternate:Terumo Powdered Latex exam gloves size Small. 81 Alternate:non- Box/100 20 $4.16 $83.20 $4.90 $98.00 $8.38 $167.60 no bid powdered neoprene over Powdered Latex exam glove size Large. 82 Alternate:non- Box/100 20 $4.16 $83.20 $4.90 $98.00 $8.38 $167.60 no bid powdered neoprene gloves 6 Changed total on Midwest, miscalculation$9504.60 was submitted,correct amount is 83 Activyl Plus 88-132 lbs Box/6x6 40 $237.60 $9,504.00 $71.80 $4,308.00 no bid no bid $9504.00.Patterson adjusted their UOM to Box/4 increasing quantityto 60.Total requested quantity is 240. Amber Medicine Vial 100ct2ounce- Box/100 Midwest selltheiramber 84 16dram.Can be liquid ct 10 $46.50 $232.50 $25.15 $251.50 $15.85 $158.50 no bid medicine in box/200,reducing quantity requested to 5. or pill form Terramycin Midwest sell their terramycin 85 ophthalmic ointment Pkg/12 10 $127.50 $1,530.00 $153.00 $1,530.00 no bid no bid ointment in pkg/10 increasing 1/8 oz.tube quantity to 12 Praziquantel Injectable Box/ 86 56.8mg/ml GENERIC 50ml 10 $317.65 $3,176.50 $322.75 $3,227.50 $329.27 $3,292.70 no bid Approved Changed total on Midwest, C00mg GENERIC Bottle Bottle/ miscalculation$3745.00 was 87 300mg GENERIC 20 $37.45 $749.00 $40.00 $500.00 $37.45 $749.00 no bid Approved 500 submitted,correct amount is $749.00 Minocycline 100mg Bottle/ Midwest sells their minocycline 88 GENERICApproved 500 10 $19.97 $1,997.00 $182.00 $1,820.00 $202.69 $2,026.90 no bid bottle/50 ct not bottle/500, adjusting quantity to 100 89 Minocycline 50mg Bottle/ 50 $18.05 $902.50 $21.20 $1,060.00 $30.63 $1,531.50 no bid GENERICApproved 500 90 Metronidizole 250mg Bottle/ 10 $3.83 $38.30 $6.55 $65.50 $12.50 $125.00 no bid GENERICApproved 100 tab 91 Terbinafine 250mg Bottle/30 20 $2.97 $59.40 $4.00 $80.00 no bid no bid GENERIC Approved tab 92 Prednisone 10mg Bottle/ 2 $63.74 $127.48 $108.05 $216.10 $88.13 $176.26 no bid GENERICApproved 1000 Carprofen 100mg Bottle/ Miller priced at buy get 1 93 caplets GENERIC 180 30 $67.84 $2,035.20 $58.95 $1,768.50 $67.84 $2,035.20 no bid free,total price adjusted to Approved reflect unit price times quantity Carprofen 25mg Bottle/ Miller priced at buy get 1 94 caplets GENERIC 180 30 $44.84 $1,345.20 $39.00 $1,170.00 $44.84 $1,345.20 no bid free,total price adjusted to Approved reflect unit price times quantity Carprofen 75mg Bottle/ Miller priced at buy get 1 95 caplets GENERIC 180 30 $55.44 $1,663.20 $48.00 $1,440.00 $55.44 $1,663.20 no bid free,total price adjusted to Approved reflect unit price times quantity Lime Sulfur dip 96 Gallon 10 $82.23 $822.30 $71.86 $718.60 $74.01 $740.10 no bid concentrated 1 gallon 7 Dexamethasone Changed total on Midwest, 97 Injectable 50ml/bottle 50ml 2 $4.04 $8.08 $3.95 $7.90 $3.94 $7.88 no bid miscalculation$4.04 was 2mg/ml submitted,correct amount is $8.08 98 Ivomec 1%Solution 500ml 2 $135.27 $270.54 $71.85 $143.70 $66.70 $133.40 no bid Injectable 500ml Bottle 99 Elizabethan Collar Single 50 $1.21 $60.50 $1.35 $67.50 $3.35 $167.50 no bid (buster style)Sz.12.5 100 Elizabethan Collar Single 50 $1.45 $72.50 $2.20 $110.00 $3.59 $179.50 no bid (buster style)Sz.15.0 101 Elizabethan Collar Single 100 $2.25 $225.00 $2.45 $245.00 $4.19 $419.00 no bid busters le Sz.20 102 Elizabethan Collar Single 100 $2.85 $285.00 $3.00 $300.00 $5.27 $527.00 no bid (buster style)Sz.25.0 103 Elizabethan Collar Single 100 $3.60 $360.00 $3.80 $380.00 $5.87 $587.00 no bid (buster style)Sz.30.0 104 5 Gallon Sharps Single 20 $10.32 $206.40 $7.30 $146.00 $100.55 $2,011.00 no bid Container 105 Canine Parvo SNAP Varies 15 no bid $232.20 $3,483.00 no bid no bid test Epinephrine 1:1000 300ml Midwest sells their Epinephrine 106 1mg/ml 30ml bottle bottle 5 $13.76 $41.28 $14.65 $73.25 $13.59 $40.77 no bid in a 50ml bottle not 30ml GENERIC Approved bottle.Quantity adjusted to 3. 107 Empty 50ml Vials Box/12 4 no bid $68.45 $273.80 no bid no bid Gabapentin 100mg 108 capsules 500 count SOOct 20 $9.23 $184.60 $10.65 $213.00 $2.78 $278.00 no bid Miller UOM t bottle GENERICApproved Bottle Quantity changedged to 100 Gabapentin 400mg 109 capsules 500 count SOOct 20 $22.76 $455.20 $25.60 $512.00 $6.25 $625.00 no bid Miller UOM t bottle Bottle Quantity changed to 100 GENERIC Approved Penicillin G Procaine 110 suspension 250 ml 250ml 40 $10.24 $409.60 $10.45 $418.00 $10.41 $416.40 no bid bottle 300,000 Bottle F_units/ml 111 Allowance: Expedited Lump Sum 1 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 no bid Delive Group 4-Total $97,000.20 $94,077.35 $61,549.11 Non Responsive "vendor did not bid on all items Grand Total All Groups $392,737.99 $380,426.15 $287,686.15 Non Responsive **Unit of Measure on some items were different from bid form;therefore the quantities on bid form had to be adjusted. There were also mathematical errors that changed the totals. 8 **Vendors did not bid on all items in group. Recommendation was based on pricing and ability to provide availability. 9 mUs c.� �o w A SUPPLY AGREEMENT NO. 1752 U Veterinary Medicines and Supplies yaeaoRp 1852 THIS Veterinary Medicines and Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Patterson Veterinary Supply, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Veterinary Medicines and Supplies in response to Request for Bid No. 1752 ("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 Veterinary Medicines and Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $380,426.15, 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 Tom Brown Animal Care 361 .826.4605 TomB@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: Tom Brown Management Assistant 2626 Holly Road, Corpus Christi, Texas 78415 361 .826.4605 Fax: 361 .826.4445 IF TO SUPPLIER: Patterson Veterinary Supply, Inc. Attn: Joel M. Funk General Counsel PO Box 1240, Greeley, Colorado 80632-1240 800.872.3867 Fax: 888.724.5836 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: President Date: September 4, 2018 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1752 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. General Reguirements/Background Information The Contractor shall provide veterinary medications and supplies in accordance with the specifications listed herein. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. 2. Scope of Work A. Products - veterinary medications outlined on the contract pricing sheet shall be provided on an as needed basis. B. Delivery 1 . Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances, therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2. Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at the Contractors expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm C.T. C. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor shall arrange for the return shipment of damaged products. D. Product Expiration Page 1 of 2 Contractor shall provide supplies and medications with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. E. Discontinued Items In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1 . Documentation from the manufacturer that the product has been discontinued. 2. Documentation that names the replacement product. 3. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6. These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3. Special Instructions All medications and supplies including controlled medications, will be shipped to: Animal Care Services c/o Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 Page 2 of 2 Attachment B: Bid/Pricing Schedule o uSC CITY OF CORPUS CHRISTI o BID FORM PURCHASING DIVISION RFB No. 1 752 NNNPORA��'9 Veterinary Medicines and Supplies 1852, PAGE 1 OF 6 Date: 7,/ 1 b/ 1 6 Cmc e✓sc� v �� 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. GROUP 1 - SURGERY Item Description Unit Qty Unit Price Total Price 1 Ansell Sensi Touch sterile surgical Box/50 100 b\ - 2-S �5 d X51. 00 gloves latex powdered size 7 (Polydioxanone Suture Violet 2 monofilament 30" Reverse Cutting Box/12 200 , b� 1 , 2-0 00 FS-1 ) 2-0 VFS-1 with 3/8 circle 24mm GENERIC A proved ` _ — (Polydioxanone Suture Violet 3 monofilament 30" Reverse Cutting Box/36 55 58. 6 G 5, 2- 2— ov FS-1 ) 2-0 VFS-1 3/8 circle 24mm GENERIC Approved 2 y -- (25 Meters-Violet Monofilament 4 Polydioxanone Synthetic Cassette 50 _1G , Absorbable Sterile Suture on a cassette) 2-0 GENERIC Approved Item Description Unit Qty Unit Price 'dotal Price (Polydioxanone Suture "Violet 5 monofilament 30" Reverse Cutting Box/12 300 j`I . -1 Z �, 25 CP-1 ) 0-0 '/2 circle 36mm GENERIC Approved (Polydioxanone Suture Violet 6 monofilament 30" Reverse Cutting Box/36 50 5 2-, 68 CP-1 ) 0-0 '/2 circle 36mm GENERIC Approved (25 Meters-Violet Monofilament Polydioxanone Synthetic Cassette 20 8.1-ZO Absorbable Sterile Suture on a cassette) 0-0 GENERIC Approved «2- 8 Sterile Surgical Blade Size 10 (100 per Box 100 50 + 3 . o k__I55 0 a box 21 -i --r�Q 9 Isoflurane, LISP 250ml bottles 250ml/bottle 60 1 , 5e.Z.GO Marcaine 0.5% (bupivacaine HCI 10 injection, USP) 50ml Multipe-©ase 50 MiNal 60 - Ca `'+2- . 00 Vial 00 ok�. o- o 11 Carprofen 50mg/ml Injectable 20ml 20 ml/ vial 60 b5. yo 2,, -n Zy- 00 bottle GENERIC Approved , � � `-� 12 Carprofen 50mg/rn1 Injectable 50m1 50m1/bottle 60 bottle GENERIC Approved 13 Carprofen 25mg Chewable 180 Bottle/180 50 , � '� '4C' tablets GENERIC Approved ++ 14 Carprofen 75mg Chewable 180 Bottle/180 50 by- 2 �, ;Z o 2 coo Tablets GENERIC Approved ,��, 15 Carprofen 100mg Chewable 180 Bottle/180 50 GC) Tables GENERIC Approved Non-Sterile 200 Non-woven Sponges Box/10 50 -� S 8 -1 50 16 4"x4", 4 P LY 17 Endotracheal Tube 3.0 _ _ 2)0 Single 15 2.0 - 2_5 18 Endotracheal Tube 3.5 Single 15 35 2.0 2.5 19 Endotracheal Tube 4.0 Single 15 k . 3 2 25 20 Endotracheal Tube 4.5 — Single 15 1. 65 21 Endotracheal Tube 5.0 © Single L30 �5 20. z 22 Endotracheal Tube 5.5 © Single ; . �j Z o. Z5 23 Endotracheal Tube 6.0 Sin le r . � y 0. _50 24 Endotracheal Tube 6.5 — Sin le t �� ��. 0 25 Endotracheal Tube 7.0 -- 0-10 Single 30 0 26 Endotracheal Tube 7.5 — G Single 30 27 Endotracheal Tube 8.0 e o Single 30 28 Endotracheal Tube 8.5 Single 30 S0 Pa e2of6 Item Description Unit Qty Unit Price Total Price 29 Endotracheal Tube 9.0 Single 30 30 Endotracheal Tube 9.5 SCSingle 30 . 35 y o. So 31 Endotracheal Tube 10.0 s \ao Single 30 32 Endotracheal Tube 11.0 - \o Single 15 g . 1-k t Zv. �► 33 Surgical Drape Material 300 yards Box/300 12 38.5 inches 2'�ti� yards t ' 30 ��� ' bO 34 Carb 02 Lime Sodasorb 5 gal___\_ .jQallon 20 . \o \ 2 .00 35 Chlorohexidine Solution 2% allon 1 Gallon 5 �. e a 3 3 . o c) g - 36 Chlorohexidine Scrub 2% gallon 1 gallon 5 S 37 Blue Medicine Vial Medium 400 ct 8 Box 3 jc\. 25 t -1 . S dram 38 Ketchum Animal Tattoo 1 ounce Tube 10 u ,ZS 2- . 's o green �N oz 3M Vetbond Tissue Glue .1 fl ounce 39 Tube 30 40 Ear Loop Masks 2 ply Jorvet i o� �_a, Box/50 5 y . \S 41 21" Bouffant Caps GENERIC Box 5 Approved7 \ L-A . 75 2 42 Steam Indicator Tape? � o oy a o Roll 15 S 2_75 43 Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 1 -TOTAL GROUP 2 - ANESTHETICS Item Description Unit Qty Unit Price Total Price Ketamine 100mg/ml l Oml vial 44 1 Oml vial 200 G C\ t , o \8 . o0 GENERIC Approved Soc�pg,�,Q�, Torbugesic 10mg/ml 50ml bottle 45 50m1/Bottle 20 GENERIC Approved Hydromorphine 2mg/ml (20 ml) ­1 2,2.2- -oov, 46 20ml/Bottle 80 \-� o GENERIC Approved �y\ Z��-;t�\1- --. �,:\ __ Acepromazine IOmg/ml 50ml bottle 47 50m1/Bottle 5 GENERIC Approved t . .2� �i co. � - pp v�cn c�.�c?1 - -- 48 Xylazine 1 OOmg/ml 50ml bottle 50ml/Bottle 5 i� GENERIC Approved 49 Medetomidine .5mg/ml 1Oml vial 1Oml Vial 60toz,. F, �, SZO. 6o GENERIC Approved 50 Simbabol 1 .8ml 10ml 1Oml Vial 2 2-\� . ciU y 3,­\ . Go 7�P. \C—ia a o� � \ �� « Ex�\2ccJ Page 3 of 6 Item Description Unit Qty Unit Price Total Price 51 Midazolam 5mg/ml 10ml vial lOml Vial 300 2—, a GENERIC Ap roved 52 Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 2 - TOTAL �S,o 3Z...ZJ GROUP 3 - VACCINATIONS �1ob .ic :. 5� 1 tG r Cc:r� rc.ct Single ml 10,000 53 DHPP vaccine injectable 1 ml L^Qg Vial doses P, 21-1, 00.00 S Bordetella bronchiseptica intranasal Single ml 10,000 54 1 ml Vial doses Z. --12, 2� , �00.00 Single ml 10,000 55 Rabies 3 year vaccine Vial doses 1 0' 1300.0 0 `-1—1 �c,c�` -,-r�C.GAc- ��16-n �a` Single mi 5,000 56 FVRCP vaccine injectable 1 ml Vial doses Revolution 85.1 - 130# GENERIC c C,V-,C,'-` 0 57 t/6 G wd C' --5 , 0c G�. av Approved DHPP (Canine Distemper-Adenvirus) 58 Type 2-- Para,influenza-Parvo Virus Box/25 5,000 S p 1 , VaCCIn 'y c:r�:.tc,t Cu•-,c,✓c.�,t cr,c��V �1�t Vanguard Intranasal B (IN) 59 Bordetella Bronchiseptica Vaccine - Box/25 5,000 Avirulent Live Culture k V' r-I r t. Felocell 4- Fline Rhinotracheitis - 60 Colici-Panleuapenia-Chlamydia Box/25 5,000 Psittaci Vaccine 61 Defensor 3- Rabies Vaccine - Killed Ingle ml vial 10,000 sv / r3. ,tea / AVirus Single Dose Vials - Rimady150mg/ml (corprofen),b'�- -)-52,' 62 injectable - GENERIC Approved Singh ml vial 10,000 Z 2.�, � 250. ao 63 heartworm Tests -i4eyak Heartworm Box/36/ 10,000 2752..0C) 2:5, 2200.00 Snap Tests A\,-,-,,-s.: Z' 00-k'5o;<. 64 Parvo Tests - Idexx or Abaxi y - Box/ � 5,000 65 Allowance: Expedited Delivery - Lump Sum 1 1 $125.00 $125.00 GROUP 3 - TOTAL GROUP 4-MEDICAL SUPPLIES Item Description Unit Qty Unit Price Total Price Artifical Tears Ointment (Lubricant- er' ,°c 66 Ophthalmic Ointment Sterile 1/8 oz � pac a ' 20 d. � 67 Stron id T pyrantel pamoate 1 qt Quart bottle 50 ;-x+ ,2-2- a 68 Panocur (fenbendazole) Suspension 1 ,000 mi 100 ��, ; y �2- 00 10 100 mg/ml) 1,000ml Bottle P ge4ofi6 Item Description Unit Qty Unit Price Total Price i o0 5 6,000 69 Heartworm antigen test Varies tests 2, .5 2 � `, 2-0-00 'ZOO ,2,5 3,000 70 FeLV antigen and FIL antibody test Varies t 21- kS 3 ,yea o0 so-� - 2 ,S tests 71 1 ml Nipro Syringes w/o needles Box/100 100 al S 00 (Sterile); Alternate: Terumo ,-o, , a 72 1 ml Syringes w/25g x 5/8" Needle Box 100 100 Sterile o ;2 -�!5„� 3ml Syringes w/22g x3/4" Needle 73 ri7)- .� � - � Box 100 100 5 . -Is 5��.�u Stele 74 Insulin Syringe 2/298 x '/2" Needle U- Box/100 20 . G 0 100 1 OOct .5cc syringes ,c,Z8 75 3ml Syringes w/20g Needle Box/100 100 75 . __15 5-1 75. 00 -r C35 Plain Microscope Slides 72ct-Clear 76 Glass - Ground edges - 1 " x 3" Box/72 20 3 . 00 60 , G 1 .0mm x 1.2 mm Thick J G 77 Microscope Cover Slips 3-o n, Box 24 2. 25 G 78 Nipro Syringes 5ml w/o needle Box icc 30 -1 - G 2-Z-5-1 ca Alternate: Terumo 79 Nipro Syringes 1 Oml w/o needle Box/100 30 G5 21 ` S Alternate: Terumo , o,7s ,z 80 Nipro Syringes 20ml w/o needle Box/50 30 Alternate: Terumo Powdered Latex exam gloves size 81 Small. Alternate: non-powdered Box/100 20 y . 12.'\c) lz�8 neoprene gloves ? ? ,,2 2,­�S Powdered Latex exam gloves size 82 Large Alternate: non-powdered Box/100 20 y . c�rJ C�- e GCS neoprene gloves ^ i .2 -� � 83 - - nom - '�o Amber Medicine Vial 1OOct 2 ounce 84 _ 16dram. Can be liquid or pill form Box/100 ct 10 "S 25 \ - S0 Terramycin ophthalmic ointment 1/8 `� �G�-`^ 85 oz. tube _K_gp� 10 I . (D(D k , 5 3G• GG 86 Praziquantel Injectable 56.8mg/ml Box/50ml 10 GENERIC Approved 87 87 Cephalexine (Rilexine) 300mg Bottle/500 20 L-\ o .o© Soo -Go -1 b3G 88 Minocycline 100mg GENERIC Bottle/500 ct 10 1 Ez.00 +, 20 .00 Approved Q2 1 t G 89 Minocycline 50mg GENERIC Bottle/500 ct 10 2- I . 2-0 ,o GG .00 A proved , k.a Q� o 90 Metronidizole 250mg GENERIC Bottle/100 10 Q, �5.5 �,75 S 0 Approved � tab Page 5 of 6 item Description Unit Qty Unit Price Total Price 91 Terbinafine 250mg GENERIC Bottle/30 20 y -00 i F6 O - 00 Approved tab 92 Prednisone 10mg GENERIC Bottle/1000 2 1 08.o5 2 t e - t C) Approved S9 y y 93 Carprofen 1 00m caplets GENERIC Bottle/180 30Q>b. 50 Approved t , n 94 Carprofen 25mg caplets GENERIC Bottle/180 30 0. GO Approved 11 95 Carprofen 75mg caplets GENERIC Bottle/180 30 y cc "-Ao G . 0U Approved ,� --I--I � 96 Lime Sulfur dip concentrated 1 Gallon 10 �1 , � . 3© gallon G 97 Dexamethasone Injectable 50ml 2 3 . O 50ml/bottle 2m /ml , 98 �""%Solution Injectable 500ml 500m1 Batt 2 E -A 3. --1 G 99 Elizabethan Collar (buster style) Sz. Single 50 3 , - 12.5 \c, 75 0 100 Elizabethan Collor (buster style) Sz. Single 50 Z , 2-O y 0 , 00 15.0 --2 kz�st \ a- Elizabethan Collar (buster style) Sz. 100 101 20 Single 2 .—� S 2--4�5 . 0 0 102 Elizabethan Collar (buster style) Sz. Single 100 3 .00 3 0 0 . G 0 25.0 22,` -\ ) 103 Elizabethan Collar (buster style) Sz. Single 100 3 . 6 (3 �8a 30.0 2_ \ 2 --) 104 Gallon Sharps Container Single 20 --1 - 30 Abp x+S 105 Canine Parvo SNAP test Varies 3©0 ;x.'32 .Zo 3,`-��3.n o 2—�!3 o _ _ tests 106 Epinephrine 1 :1000 1 mg/ml 30ml 30ml bottle 5 1—k bottle NERIC Approved 107 Empt ,)a0fnl Vials o - - Box/-IZ2-5 �5 z--1 3 � Gabapentin i 00mg capsules 500 108 count GENERIC Approved OOc bottle 20 1 c, . row 2 G O 3- 109 Gabapentin 400mg capsules 500 500ct bottle 20 .2— UG 5 12- . co count GENERIC Approved o o suspension 250 250ml bottle 40 k 0 , -A5 '-A cs- 00 110 ml bottle 300,000 units/ml �' � 1 1 1 I Allowance: Expedited Delivery Lump Sum 1 $125.00 $125.00 GROUP 4 - TOTAL I 94 6jj�P- SPECIAL PRICING NOTE: The prices quoted above are firm for 180 days from the date the contract is awarded. Thereafter, prices may be increased after written notice from Patterson Veterinary Supply, as and when manufacturers of the products change their prices. Any such price change will be the same percentage as the manufacturer's price increase. SPECIAL WARRANTY NOTE: Patterson Veterinary Supply is not the manufacturer of the products quoted above, Patterson Veterinary Supply warrants merchantable title to the products, free of liens, claims or encumbrances. All products carry only their respective manufacturer's warranty with respect to defects, materials, workmanship, or fitness for any intended purpose. Patterson Veterinary Supply will use commercially reasonable efforts to assist with any manufacturer warranty claims. Page 6 of 6 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator 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. Construction contracts including excavation at (3) three feet or more requires Pollution Liability Coverage. In addition Construction contracts of more than (5) five million dollars require Umbrella Liability 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 Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 7. Underground Hazard (If Applicable) 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. Page 1 of 3 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 Animal Care Services Animal Care Supply 06/06/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this agreement Page 3 of 3 Attachment D: Warranty Requirements All products carry only their respective manufacturer's warranty with respect to defects, materials, workmanship, or fitness for any intended purpose. Contractor shall use commercially reasonable efforts to assist with any manufacturer warranty claims. Page 1 of 1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 20, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Amendment Greenwood Wastewater Treatment Plant Headworks & Grit Removal Rehabilitation (Capital Improvement Program) CAPTION: Motion to authorize execution of Amendment No. 1 with Urban Engineering of Corpus Christi, Texas in the amount of$335,200 for a total restated fee of$380,400 for Greenwood Wastewater Treatment Plant (WWTP) Headworks & Grit Removal Rehabilitation project. PURPOSE: This provides for the engineering and design for capital improvements and improved odor control for the Greenwood WWTP. BACKGROUND AND FINDINGS: The Greenwood WWTP was originally constructed in 1957 with two (2) Million Gallons per Day (MGD) capacity. The plant was expanded to six (6) MGD capacity in 1988. Construction included a single mechanical bar screen and grit removal equipment. Another two (2) MGD expansion occurred in 1999 that included construction of a second mechanical bar screen with grit removal equipment and the first odor control system. The last major upgrade at the plant occurred in 2016 with replacement of the Odor Control Treatment Unit. The remaining structures and equipment are beyond their useful life and cannot be economically maintained. The deteriorated condition Project No: 18067A (Page 1) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 of the headworks impacts the plant capacity, operational cost and TCEQ permit compliancy. This item includes the engineering and design for structural rehabilitation of the headworks with replacement of bar screens, grit removal equipment and odor control covers. Amendment No 1 provides for detailed investigations, field verifications, analysis and cost-effective recommendations for the improvements.The amendment includes the preparation of construction documents with bid and construction phase technical support services. The initial contract provided only for the preliminary investigations, evaluations and recommendations to better define the scope and cost for improvements. This is one of four major projects at the Greenwood WWTP. The three additional projects are summarized below: 1. UV System improvements — Under design 2. Flood Mitigation — Initial soil study underway to reuse La Volla Creek excavated soils as potential levy construction; preliminary design pending negotiations 3. Process Improvements — Under preliminary design for a future CIP project to convert Greenwood WWTP from Anaerobic to Aerobic to match the five other existing WWTP's ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected for this project through Request for Qualifications No. 2017-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2017- 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Project No: 18067A (Page 2) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 3,900,000 3,900,000 Encumbered / 45,200 45,200 Expended Amount This item 335,200 335,200 Future Anticipated Expenditures This 412,500 412,500 Project I - BALANCE 1 3,107,100 1 3,107,100 *Balance will be required for construction. Fund(s): Wastewater CIP No. 11 RECOMMENDATION: City staff recommend approval of Amendment No. 1 to Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No.1 Project No: 18067A (Page 3) PM/C7 Legistar No.:18-1057 Rev.1—8/23/2018 PROJECT BUDGET ESTIMATE Greenwood WWTP Headworks&Grit Removal Rehabilitation Capital Improvement Program PROJECT FUNDS AVAILABLE: Wastewater Revenue Bond 3,900,000 TOTAL FUNDS AVAILABLE 3,900,000 FUNDS REQUIRED: Construction Fees:.................................................................................................... TBD Construction ............................................................................................ TBD Contingency(10%).................................................................................. TBD Construction Inspection and Testing Fees:..................................................................... 143,000 Construction Inspection(Est)..................................................................... 68,000 Construction Phase-Materials Testing Services(Est)..................................... 75,000 Design and Survey Fees:............................................................................................ 493,400 Preliminary Engineering Design(Urban Engineering)...................................... 45,200 Engineering Design(Urban Engineering)Amendment No. 1 THIS ITEM . 335,200 Topographic Survey(Est).......................................................................... 113,000 Reimbursements:...................................................................................................... 156,500 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget).................. 68,000 Engineering Services(Project Mgt)............................................................ 87,000 Misc. (Printing,Advertising,etc.)............................................................... 1,500 TOTAL 792,900 ESTIMATED PROJECT BUDGET BALANCE 3,107,100 NUECES BAY 181 °F N T��Toy SCALE: N.T.S. C( poR SHIP CHANN GFpA CORPUS CHRISTI qRp � LEOPARD a z 44 9q PUS CHRISTI 0< pwrN 286 RNATIONAL 1= PORT ORGpN Q 358 j M �l pC CORPUS C 0F° a� a s,, z,2 cgRp<F o<4y'�r�, `mss 0 Ua°�i r p ocFgN TEXAS A UNIVERSI � y0<<Y CORPUS o o� �a 358 ZZ Q� �SgRgTOcq��m arm Mc�Rp�F O CABANISS `� C Z OSO BAY FIELD <v av O �v 4� 43 O o� a� 2 286 PROJECT LOCATION _Z QJ + o 2444 YpR�ro�y CP LOCATION MAP NOT TO SCALE Project:1806 Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT Plant Plant Headworks & Grit CITY OF CORPUS CHRISTI,TEXAS Removal Rehabilitation DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Greenwood Wastewater Treatment Plant Headworks & Grit Removal Rehabilitation Council Presentation September 18, 2018 Project Location4 Corp*hr Engineering N SCALE:N.T.S. TF MXM1iLLE { PROJECT LOCATION w�wam wr v f s Project Vicinity Corpus Ch,sti '" Engineering N o SCALE N.T.5. C� Sardto d �L Greenwood Wastewater Treatment Plant f a' Project Scope 1 *.s-Ch, Engineering This amendment includes detailed investigations, field verifications, analysis and cost-effective recommendations for the following improvements : 1. Design for the structural rehabilitation of the headworks 2. Replacement of the bar screens, grit removal equipment and odor control covers. The amendment also includes the preparation of construction documents with bid and construction phase technical support services. 0* Project Schedule w Corpus Ch,sti Engineering • • 2020 S O N D J F M A M J J A S O N D J F M A M J J A S O Design Bid/ Construction Award Projected Schedule reflects City Council award in September 2018 with anticipated completion in October 2020. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18067A - Greenwood WWTP Headworks & Grit Removal Rehabilitation The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Urban Engineering, a Texas company, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad 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 3rd party owners/operators. Contract for Professional Services Page 2 of 12 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 $380,400.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 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). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 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 Contract for Professional Services Page 5 of 12 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. Contract for Professional Services Page 6 of 12 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 Contract for Professional Services Page 7 of 12 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 Contract for Professional Services Page 8 of 12 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 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 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. 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 Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cetexas.corn/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URBAN ENGINEERING r - --- QI,.._1 -------- 08/14/2018 Jeff H. Edmonds, P.E. Date James L. Urban, P.E. Date Director of Engineering Services 2725 Swantner Corpus Christi Corpus Christi, Texas 78404 (361) 854-3101 Office Jimu@urbaneng.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 3 Fund Name Accounting Unit Account Activity No. Amount No. WW2012RVBD 4249-064 550950 18067-A-4249-EXP $380,400.00 Total $380,400.00 Contract for Professional Services Page 12 of 12 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WWTP— HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. N/A [Provided in original Small AE Agreement] The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the Headworks at the Greenwood WWTP. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". C) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. EXHIBIT"A" Page 1 of 5 Revised November 26,2013 g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. EXHIBIT"A" Page 2 of 5 Revised November 26,2013 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT"A" Page 3 of 5 Revised November 26,2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey/Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit NTP 10 Weeks from NTP 60% Design Submittal 13 Weeks from NTP City Review 18 Weeks from NTP 100% Design Submittal 21 Weeks from NTP City Review 23 Weeks from NTP Final Submittal 25 Weeks from NTP Advertise for Bids 27 Weeks from NTP Pre-Bid Conference 29 Weeks from NTP Receive Bids 36 Weeks from NTP Contract Award 41 Weeks from NTP Begin Construction TBD Complete Construction EXHIBIT"A" Page 4 of 5 Revised November 26,2013 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Original Amendment Contract No. 1 Total Fee for Basic Services 1. Preliminary Phase $45,200.00 $0.00 $45,200.00 2. Design Phase $251,400.00 $251,400.00 3. Bid Phase $11,600.00 $11,600.00 4. Construction Phase $66,900.00 $66,900.00 Sub-Total Basic Services Fees $329,900.00 $375,100.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) $0.00 $0.00 2. ROW Acquisition Survey $0.00 $0.00 3. Topographic Survey\Field Investigation $1,500.00 $1,500.00 4. Construction Observation Services $0.00 $0.00 6. Start-up Services $0.00 $0.00 7. Warranty Phase $3,800.00 $3,800.00 Sub-Total Additional Services Fees $5,300.00 $5,300.00 Total Authorized Fee $335,200.00 $380,400.00 Admin Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 5 of 5 Revised November 26,2013 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WASTEWATER TREATMENT PLANT HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A TASK LIST 1. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design the following improvements: • Replace the two existing mechanical bar screens and one manual bar screen with new. • Remove existing equipment and install new Hydro International Headcell grit removal units in Grit Basin No. 1 and Grit Basin No. 2. • Replace with new the two existing grit pumps. • Replace the existing single grit classifier with two new 18" dia. screw classifiers. • Remove and replace with new the odor control aluminum covers. • Repair and coat damaged concrete and protective coatings for the Influent Structure. • Provide concrete driveway for crane access to the west end of structure. • Refurbish and/or replace the three existing isolation slide gates and frames upstream of the Mechanical Bar Screens • Refurbish and/or replace the five existing isolation slide gates and frames downstream of the Mechanical Bar Screens • Replace with new the existing Influent Flow Meter and support structure at the Parshall Flume • Refurbish and/or replace the two existing isolation slide gates and frames upstream of the Grit Removal Basins • Refurbish and/or replace the existing grit piping to and from the existing grit pumps. • Refurbish and/or replace the Grit Basin's existing drain system, including the drain valves. • Refurbish and/or replace portions of the existing non-potable water washdown system. • Replace damaged odor control duct piping. • Refurbish existing Grit and Screenings Hopper. • Replace existing corroded steel stairs to Grit Classifier platform. 3. Electrical design improvements to provide power and control to the new equipment and refurbish the existing power and control to equipment being replaced. 4. Electrical design improvements to replace/refurbish the existing task lighting system. EXHIBIT"A-1 Page 1 of 1 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS GREENWOOD WASTEWATER TREATMENT PLANT HEADWORKS & GRIT REMOVAL REHABILITATION PROJECT NO. 18067A TASK LIST 1. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design the following improvements: • Replace the two existing mechanical bar screens and one manual bar screen with new. • Remove existing equipment and install new Hydro International Headcell grit removal units in Grit Basin No. 1 and Grit Basin No. 2. • Replace with new the two existing grit pumps. • Replace the existing single grit classifier with two new 18" dia. screw classifiers. • Remove and replace with new the odor control aluminum covers. • Repair and coat damaged concrete and protective coatings for the Influent Structure. • Provide concrete driveway for crane access to the west end of structure. • Refurbish and/or replace the three existing isolation slide gates and frames upstream of the Mechanical Bar Screens • Refurbish and/or replace the five existing isolation slide gates and frames downstream of the Mechanical Bar Screens • Replace with new the existing Influent Flow Meter and support structure at the Parshall Flume • Refurbish and/or replace the two existing isolation slide gates and frames upstream of the Grit Removal Basins • Refurbish and/or replace the existing grit piping to and from the existing grit pumps. • Refurbish and/or replace the Grit Basin's existing drain system, including the drain valves. • Refurbish and/or replace portions of the existing non-potable water washdown system. • Replace damaged odor control duct piping. • Refurbish existing Grit and Screenings Hopper. • Replace existing corroded steel stairs to Grit Classifier platform. 3. Electrical design improvements to provide power and control to the new equipment and refurbish the existing power and control to equipment being replaced. 4. Electrical design improvements to replace/refurbish the existing task lighting system. EXHIBIT"A-1 Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 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 1 Rev 04/17 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 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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; 1.6.4 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 2 Rev 04/17 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. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPLIER NUMBER TO BE ASSIGNED BY CTTY- PURCHASING DIVISION rrrr►� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O.BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 FIRM IS: I. Corporation ❑ 2. Partnership ® 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: James L. Urban, P. E. Title: Authorized Representative (Type or Not) Signature of Certifying Date: Person: 08/14/2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi E? IIIBIT "E" Disclosure of Interest Page 2 of 2 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)8/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Frost Insurance-Victoria PHONEFAX 6835 N Main A/c No Ext: 361-580-9010 A/C,No: Victoria TX 77904 E-MAIL DD SS: jhall@frostinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED URBAENG-01 INSURER B: Transportation Insurance Co Urban Engineering 2725 Swantner Lane INsuRERc:Texas Mutual Insurance Co. 22945 Corpus Christi TX 78404 INSURER D: Continental Insurance Company 35289 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1542490103 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD B X COMMERCIAL GENERAL LIABILITY PMT5091293243 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR DAMAGETORENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY� JECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BUA5091293100 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR CUE 5091293064 5/1/2018 5/1/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$10,000 $ C WORKERS COMPENSATION TSF0001113301 5/1/2018 5/1/2019 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:1 8067A-Greenwood VWVTP Headworks&Grit Removal Rehabilitation 30 Day Notice of Cancellation applies. The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi P O Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: URBAENG-01 LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Frost Insurance-Victoria Urban Engineering 2725 Swantner Lane POLICY NUMBER Corpus Christi TX 78404 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability,Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Umbrella is follow-form subject to the terms and conditions to the policy ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ Page 1 of 1 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE FD08 MM/ 08/15//20182018Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Illinois, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd A/C Ext: A/C No: E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED INSURER B Urban Engineering Chuck Urban INSURER C7 2725 Swantner St INSURER D: Corpus Christi, TX 78404 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: W7195538 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMARENTED CLAIMS-MADE � OCCUR PREMISES PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PRO [::] LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability AEH591918904 05/01/2018 05/01/2019 Per Claim: $2,000,000 Aggregate: $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Project: 18067A - Greenwood WWTP Headworks & Grit Removal Rehabilitation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 t ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16578429 BATCH: 827478 SC o� � AGENDA MEMORANDUM NOORPOBPIEFuture Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Executive Director of Asset Management jimd(c�cctexas.com (361) 826-1909 Andres Leal Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(o-)-cctexas.com (361) 826-3169 Lease Purchase of Two Dump Trucks and One Excavator for Street Operations CAPTION: Motion authorizing the lease purchase of two 12 cubic yard dump trucks from Houston Freightliner Inc., of Houston, Texas, and one Gradall excavator from Waukesha-Pearce Industries, LLC of Corpus Christi, Texas via Houston-Galveston Area Council and BuyBoard Cooperative for a total amount of $765,824.59. PURPOSE: This item is to approve the lease purchase of two 2019 Model 114SD CNG dump trucks and one Model XL3100 Gradall excavator. BACKGROUND AND FINDINGS: Street Operations currently has a requirement to replace two 12 cubic yard dump trucks and one Gradall excavator, which are intended to perform various functions within the Street Operations Department. The units to be replaced are all well past the end of their service lives. All three units are replacements Contracts awarded through Houston-Galveston Area Council (HGAC) and BuyBoard Cooperative Purchasing have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$153,164.92. The total estimated cost over the five-year period, including principal of $689,224.00 and interest of $76,100.59, is $765,324.59. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed. Total Lease-Purchase Price: $689,224.00 Total estimated allowable interest for Lease: $ 76,600.59 Grand Total: $765,824.59 CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $765,824.59 $765,824.59 Encumbered / Expended Amount $ $0.00 $ This item $ $765,824.59 $765,824.59 BALANCE $ $0.00 $ Fund(s): Street Operations Comments: Delivery of these units is scheduled during the summer of 2019. Payments will begin after units are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Lease Purchase of Two Trucks and One Purchasing Division Excavator for Street Operations Buyer: Cynthia Perez Houston Freightliners Houston,Texas HGAC Contract#HT06-18 ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 112 Cubic Yard Dump Trucks EA 2 $166,252.00 $332,504.00 SUBTOTAL: $332,504.00 Waukesha-Pearce Industries Inc. Corpus Christi,Texas BuyBoard Contract#515-16 ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 2 Gradall XL3100 Excavator EA 1 $356,720.00 $356,720.00 SUBTOTAL: $356,720.00 GRAND TOTAL: $689,224.00 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Assistant City Manager FROM: Jim Davis, Director of Asset Management jimd a(�.cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG(a).cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a.cctexas.com (361) 826-3169 Lease Purchase of Vactor Truck and Heavy Equipment for Utilities CAPTION: Motion authorizing the lease purchase of one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one 2019 Western Star tractor from Grande Truck Center of San Antonio, Texas; and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for $ 694,880.30. PURPOSE: This item is to approve the lease purchase of one vactor truck and heavy equipment for the Utilities Department as per the following breakdown: one Vactor combination sewer truck from Houston Freightliners of Houston, Texas, one tractor from Grande Truck Center of San Antonio, Texas, and one CPS half round end dump trailer and one 55-ton Low Boy trailer from J&B Pavelka of Houston, Texas. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace these units. The units to be replaced are all well past the end of their service lives. Utilization of the Houston-Galveston Area Council (HGAC) provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$138,976.06. The total estimated cost over the five-year period, including principal of $625,334.10 and interest of $69,046.20, is $694,380.30. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed $ 694,880.30. Total lease-purchase price: $625,334.10 Total estimated allowable interest for Lease: $ 69,546.20 Grand Total: $694,880.30 CONFORMITY TO CITY POLICY: This lease-purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $694,880.30 $694,880.30 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $694,880.30 $694,880.30 BALANCE $0.00 $0.00 $0.00 Fund(s): Utilities Comments: Delivery of these units is scheduled during the summer of 2019. Payments will begin after units are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Lease Purchase of Vactor Truck and Heavy Equipment Purchasing Division for Utilities Department Buver: C nthia Perez HGAC-Contract#'s TR11-16 and HT06-18 Houston Freightliners Houston,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 2 Vactor Combination Sewer Truck EA 1 $373,516.00 $373,516.00 SUBTOTAL: $373,516.00 Grande Truck Center San Antonio,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 2019 Western Star 4700 SF Tractor EA 1 $131,500.00 $131,500.00 SUBTOTAL: $131,500.00 J&B Pavelka Inc. Houston,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 3 CPS Half Round End Dump Trailer EA 1 $43,552.00 $43,552.00 55 Ton Low Boy Trailer EA 1 $76,766.10 $76,766.10 SUBTOTAL: $120,318.10 GRAND TOTAL: $625,334.10 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for City Council Meeting of September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Purchase of Automotive Parts for Fleet Department CAPTION: Motion authorizing one-year supply agreement for the purchase of automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts of Springfield, Missouri via BuyBoard cooperative for a total amount not to exceed $140,000. PURPOSE: This item is to approve the purchase of automotive parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has the requirement for O'Reilly Auto Parts to provide batteries, filters, brakes, engine parts, body parts, supplies and other auto parts for use by Fleet Maintenance to effect repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet so that Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner as per the Scope of Work so that vehicles and equipment can be turned around, placed back in service, and thus continue to perform required operations. This Supply Agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured to assist with compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget .00 $140,000 $140,000 Encumbered / Expended Amount .00 .00 .00 This item .00 $140,000 $140,000 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $140,000 funded in FY2018-2019. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement mUs c.� �o w A SUPPLY AGREEMENT NO. 1821 U Auto Parts for Fleet Maintenance yaeaoRp�� 1852 THIS Auto Parts for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Auto Parts for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Auto Parts for Fleet Maintenance 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 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 $140,000.00, 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 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminS@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. Required insurance shall be maintained by the Supplier for the duration of the contract and proof of insurance shall be provided to the City upon request. 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. Any amount paid to Supplier for any products that are not accepted and for which an immediate correction or replacement cannot be made shall be reimbursed to the City immediately. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that meet the manufacturer's specifications. 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 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. Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.8255 IF TO SUPPLIER: O'Reilly Auto Enterprises LLC, dba O'Reilly Auto Parts Attn: Ernie Hamilton Bid Analyst II 833 S. Patterson, Springfield, Missouri 65802 417.829.5879 Fax: 800.925.0899 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING REASONABLE EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH OR RESULT FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS AS IT PERTAINS TO THE PERFORMANCE OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract 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. Supply Agreement Standard Form Page 4 of 7 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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 Supply Agreement Standard Form Page 5 of 7 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 SUPPLIER Signature- PrintedName: Title:,- I,r,> Date: 8 -aZ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 SCOPE OF WORK 1 . Contractor shall provide filters, brakes, engine parts, body parts, supplies and other automotive parts. 2. Contractor shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415. 3. In stock parts ordered before 2:00 pm will be delivered same business day. 4. In stock parts ordered after 2:00 pm will be delivered next business day. 5. Contractor shall deliver parts between the hours of 8:00 am through 5:00 pm. To include Saturdays and holidays (excepting Christmas Day). 6. Contractor shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. 8. Service agreement will be for 12 months with option to extend for one additional 12 months. Attachment B — PriCiDg Schedule City OfCorpus Christi Quote Form Description Discount Automotive & Fleet Parts, List less 41% or betf er Supplies, & Equipment Buylboard Contract 551-17 Total Not to Exceed COMPANY: O'Reilly Auto Enterprises, LLC dba O'Reilly Auto Parts NAME (]FPERSON AUTHORIZED TOSIGN: Ernie H{]O1i|fO A[)DRE53:_233South Patterson CITY/STATE/ZIP: Springfield, M[) 658O2_____ PHONE: 417-829-5879 EMAIL: DrObids@O[ei||yaUfO.CODl_______ FAX: 4178747199 July 24' 20l SIGNATURE. Bid An(]|y\f || Page 1ot1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 Pagel 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 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 - Fleet Dept. Delivery of Automotive Parts and Supplies 07/12/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this agreement Page 3 of 3 Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. Page 1 of 1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: August 24, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Professional Services Contract Solid Waste Landfill Groundwater Monitoring (Solid Waste Operating Fund) CAPTION: Motion to authorize execution of a professional services contract with Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste Landfill Groundwater Monitoring project in the amount of$225,191 per year with the option to administratively renew for two additional years for a total contract price of$675,573. PURPOSE: This provides for annual groundwater monitoring and test reports as specified by the Texas Commission on Environmental Quality (TCEQ) for the Cefe F. Valenzuela and J. C. Elliott Landfills. BACKGROUND AND FINDINGS: Landfill regulations require monitoring the underlying groundwater for contamination during their active life and post-closure care period. All groundwater monitoring systems must be certified by a qualified groundwater scientist and must comply with the sampling and analytical procedures outlined in the regulations. The groundwater monitoring system consists of a series of wells placed "upstream" and "downstream" of the landfill. The samples from the upstream wells show the background concentrations of constituents in the groundwater, while the downstream wells Project No:18128A 1 LV/VP Legistar No.:18-1088 Rev.0—8/24/18 show the extent of groundwater contamination caused by the landfill. Groundwater monitoring is performed and report twice per year under the Texas Administrative Code, Title 30, Part 1 (TCEQ), Chapter 330 Municipal Solid Waste, Subchapter J: Groundwater Monitoring and Corrective Action. This contract is multiple year contract with one base year plus two one-renewals sto ensure continuity and cost effectiveness. All work is based on time and materials for each required activity. The project provides for monitoring, analysis, and reporting as summarized below: • Collecting field samples from each of the landfills' groundwater wells (23 wells in J.C. Elliott and 30 wells in Cefe F. Valenzuela) • Collecting field samples from leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate-nitrogen, ammonia-nitrogen and dissolved organic carbon • Verification re-sampling for all sample locations that exceed TCEQ allowed limits • Evaluation of the lab data and preparation of correspondence/submittals to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill Terracon Consultants, Inc. is the consultant engineer that was selected for this project under RFQ No. 2018-01. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department Project No:18128A 2 LVNP Legistar No.:18-1088 Rev.0—8/24/18 FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 225,191 475,716 700,907 Encumbered / Expended Amount This item 225,191 225,191 Future Anticipated Expenditures This 475,716 475,716 Project BALANCE I 1 0 0 0 Fund(s): Solid Waste Department Operating Fund RECOMMENDATION: City staff recommends approval of the Motion to authorize the professional services contract with Terracon Consultants, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No:18128A 3 LV/VP Legistar No.:18-1088 Rev.0—8/24/18 PROJECT BUDGET ESTIMATE Solid Waste Landfill Groundwater Monitoring PROJECT FUNDS AVAILABLE: Solid Waste Operating.................................................................................. $ 700,907 TOTAL 700,907 FUNDS REQUIRED: Fees: Engineering(Terracon Consultants, Inc.). 675,573 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget).............................. 10,134 Engineering Services(Project Mgt/Constr Mgt).................................................. 15,200 Misc. (Printing,Advertising, etc.)..................................................................... 0 TOTAL 700,907 ESTIMATED PROJECT BUDGET BALANCE $ 0 Odem N SCALE: N.T.S. Al Doyle Q art and HUECES RWF 624 NUECES BAY ANNAVILLE 77 U P i CORPUS CHRISTI O 'wO R LEOPARD D 0 ROBSTOWN H H CORPUS CHRISTI nn 286 INTERN4no� AIRPORT 358 q e Fql CORPUS CHRISTI BAY $ e n J.C. Elliott Landfill $"`° TEXAS A&M UNIVERSITY r CORPUS CHRISTI r #I, 35B ISS Z OSO BAY CORP NXV ELo Q 685 43 FLOUR B 358 PROJECT LOCATION o� �p0 2444 V y., LAGU kWR Cefe F. Valenzuela Landfill LOCATION MAP NOT TO SCALE Project Number: 18128A CITY COUNCIL EXHIBIT Solid Waste Groundwater Monitoring CITY OF CORPUS CHRISTI,TEXAS viQ DEPARTMENT OF ENGINEERING SERVICES w� COFRUS Chr sti Engineering Solid Waste Groundwater Monitoring Council Presentation September 18, 2018 Location Map Corpus Chr sti Engineering ess NOE=BAY ffimm E N SCALE:N.T.S. Pus CHN6R n ROFSIDWN A x� CBE6115 CNRI511 BAY SOLID WASTE GROUNDWATER MONITORING J.C. Elliott Landfill BSD BAY rr m °A u R R BWFF d� P • LIAINA MORE Cefe F.Valenzuela Landfill 2 qW Project Vicinity CO*r Engineering ® SOLID WASTE N GROUNDWATER N SCALE:N.T.S. MONITORING SCALE:N.T.S. a V J.C.Elliott Landfill f 1 Cefe F.Valenzuela Landfill 0 V Solid Waste Groundwater Monitoring �o CU*hI Engineering This provides for a multi-year (one base year with two one-year renewals) ground water monitoring contract for both City landfills as required by TCEQ permits. The work includes monitoring, analysis, and reporting as described below: • Collecting field samples from each of the landfills' groundwater wells • Collecting field samples from leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate- nitrogen, ammonia-nitrogen and dissolved organic carbon • Verification re-sampling for all sample locations that exceed TCEQ allowed limits • Lab data evaluations and reporting to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill 4 Project Schedule Corpus Chr st;. Engineering 2018 2019 Oct Nov Dec Jan Feb Mar Apr May JunJul Aug Sep Monitoring -Year 1 2019 2020 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring -Year 2 2020 2021 Oct Nov Dec Jan Feb Mar Apr May JunJul Aug Sep Monitoring -Year 3 Estimated Completion Time: 36 Months (3 years) Corpus Chr sti Engineering Questions? CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 18128A Solid Waste Landfill Groundwater Monitoring 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 Terracon Consultants, Inc., a Texas corporation, 6911 Blanco Road, San Antonio, Bexar County, Texas 78216, (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 Contract for Professional Services 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 ac Cvhihi4 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. Contract for Professional Services 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 $225,191 per year with the option to administratively renew for two(2) additional years for a total contract price of$675,573. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services 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). 4.2 This service shall be for a period of one (1)year beginning on the Effective Date. The Agreement may be administratively renewed for up to two 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. Contract for Professional Services 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 Contract for Professional Services 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. Contract for Professional Services 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Contract for Professional Services 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Contract for Professional Services 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. Contract for Professional Services 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. Contract for Professional Services 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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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 fled and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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-XII I of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF.CORPUS CHRISTI TERR CON C NSULTANTS, INC. It/ -? Jeff H. Edmonds, P. E. Date Lee rrett, P. G. Date Director of Engineering Services Principal 6911 Blanco Road San Antonio, TX 78216 APPROVED A5 TO LEGAL FORM (210) 641-2112 Office lee.garrett@terracon.com Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Solid Waste Landfill Groundwater Monitoring (Project No. 18128A) Accounting Unit Account Activity Account Amount Category Solid Waste Operating 1020-12530-033 530000 18128-A-1020-EXP 30000 $113,925.50 JCE LF Solid Waste Operating 1020-12506-033 530000 18128-A-1020-EXP 30000 111,265.50 CV LF Total $225,191.00 Contract for Professional Services Irerracon August 28, 2018 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 4917 Holly Road, Bldg. 5 Corpus Christi,Texas 78411-4757 Telephone: (361)826-1965 E-mail: LawM .cctexas.com RE: Proposal for Solid Waste Landfill Groundwater Monitoring Project No. 18128A Cefe Valenzuela Landfill located at 2397 County Road 20 in Bishop, Texas JC Elliott Landfill located at 7001 Ayers Street in Corpus Christi, Texas Terracon Proposal No. PCD187028 Dear Mr. Mikolajczyk: Terracon Consultants, Inc. (Terracon)appreciates the opportunity to submit this proposal to the City of Corpus Christi(City)to conduct groundwater monitoring at the above-referenced municipal solid waste (MSW) landfills. The locations of the MSW landfills are shown in Exhibit 1. We understand the objective is to implement the current Groundwater Sampling and Analysis Plan (GWSAP)for each MSW landfill. The GWSAPs outline the City's program for groundwater monitoring in accordance with the requirements of Title 30 of the Texas Administrative Code{TAC), Chapter 330, Subchapter J. Currently, the groundwater at each MSW landfill is being monitored on a semi-annual basis under the Detection Monitoring Program. Scope of Services Detection monitoring for two landfills with allowances for contract (see Section 2.0 of attached transfer, training, consulting, and non-routine monitoring. proposal detail) Schedule A kickoff meeting will be scheduled within one week of receiving a (see Section 4.0 of attached Notice to Proceed. The second annual groundwater monitoring event proposal detail) is scheduled for October 2018 at both landfills. Compensation The fee for providing the proposed services will be invoiced on a (see Section 4.0 of attached time and materials basis using the rates referenced in Section 4.0. proposal detail) EXHIBIT"A" Terracon Consultants Inc 6911 Blanco Road San Antonio. Texas Page 1 of 14 P 210.641.2112 F 210-641-2124 terracon com Professional Geoscienlist Firm No. 50058 Environmental 0 Facilities go Geotechnical 0 Materials Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills■ Corpus Christi,Texas Irerracon August 28,2018 .Terracon Proposal No. PCO187028 If you have questions or comments regarding this proposal, please contact either of the undersigned at 210-641-2112. Sincerely, Terracon Consultants, Inc. 0 Phyllis Pri ose, P.G. Le rrett. G. Group Manager Principal Attachments, Proposal Detail Exhibit 1 —Landfill Location Map Exhibits 2 and 3—Landfill Map Table 1 —Sampling and Analytical Program Terracon 2018 Fee Schedule Responsive■ Resourceful k. Reliable 2 EXHIBIT"A" Page 2 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 1.0 PROJECT INFORMATION The J.C. Elliott Landfill is located at 7001 Ayers Street in Corpus Christi, Texas. The layout is shown in Exhibit 2. The landfill is permitted (Permit No. 4236) by the Texas Commission on Environmental Quality (TCEQ) and is in post-closure care. Groundwater monitoring is currently being conducted in accordance with 30 TAC §330.407 (related to Detection Monitoring Program for Type I Landfills) following the Groundwater Sampling and Analysis Plan (GWSAP) dated December 26, 2007 and approved by the TCEQ on June 8, 2008. The detection monitoring network consists of 23 monitoring wells. The wells are completed in the Beaumont Formation. "Well yield is low and most wells experience some draw down at pumping rates less than 0.3 liters per minute."' Historically, 3 sumps associated with the leachate collection system have also been sampled. The Cefe Valenzuela Landfill is located at 2397 County Road 20 in Bishop (Nueces County), Texas. The layout is shown in Exhibit 3. The permitted (Permit No. 2269) landfill is active. Detection monitoring is also being conducted at Cefe Valenzuela following the GWSAP dated January 2010. The groundwater monitoring system consists of 33 four-inch diameter monitoring wells. There are two water-bearing units and the wells are screened in the lower 10 feet of the water-bearing unit in which they were installed.2 There are nested wells at MW-02, MW-11, MW_ 12 and MW-13. Historically, 3 sumps associated with the leachate collection system have also been sampled. 2.0 SCOPE OF SERVICES The proposed Scope of Services was developed based on a meeting conducted on August 10, 2018 with the City. The City requested that Terracon implement the Detection Monitoring Program for both landfills. For each year of this contract, the Scope of Services will consist of: Groundwater detection monitoring on a semi-annual basis at both landfills; Evaluation of data to determine if a statistically significant increase(SSI)has occurred; Notification of initial exceedance (if needed); Verification sampling (if needed); Alternate Source Demonstrations(ASDs) (if needed); and Preparation and submittal of the required reports for the reporting year. ' Tolunay-Wong Engineers, Inc. Annual Groundwater Monitoring Report for 2016. May 2017. z Tolunay-Wong Engineers, Inc. Cefe Valenzuela Landfill Annual Groundwater Monitoring Report for 2017. April 2018. Responsive a Resourceful n Reliable 1 EXHIBIT"A" Page 3 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28,2018 Terracon Proposal No. PCD187028 We understand the first semi-annual events for 2018 were conducted by Tolunay Wong Engineers, Inc. and that the data from that event will be provided to us for inclusion in the Annual Groundwater Monitoring Report. 2.1 Objectives The objective of the Detection Monitoring Program is to determine if a landfill is leaking. The concentrations detected in the samples will be compared to the background concentrations established for each landfill. If an initial exceedance is confirmed, then a significant statistical increase (SSI) has occurred and an Assessment Monitoring Program may need to be implemented at the landfill unless a demonstration can be made that the SSI is the result of: Contamination from a source other than the landfill; or An error in sampling, analysis, or statistical evaluation; or Natural variations in groundwater quality. 2.2 Sampling and Laboratory Analytical Program Groundwater samples will be collected from the existing groundwater monitoring system at each landfill on a semi-annual basis. Terracon understands each monitor well has a dedicated pump with bladder and tubing sufficient to collect representative groundwater samples. The sampling and analytical program is summarized in Table 1. The laboratory analyses are based on the requirements of§330.407 and the applicable GWSAP. Quality Assurance Program: The GWSAP specifies type and frequency of quality control samples that are to be included in the analytical testing as part of the Quality Assurance Program. For each landfill facility, the following Quality Control samples will be included: Trip Blank—Daily Field Blank—Daily Equipment Blank—Once per sampling event Duplicate Sample: One per every 10 samples or part thereof Split Sample (to be tested at a different laboratory): one per sampling event The selected environmental laboratories that perform the analytical testing will also include standard quality control samples include in each analytical batch, such as Method Blanks, Laboratory Control Samples(LCS), Method Spike/Matrix Spike Duplicates(MS/MSD), and in the case of certain organic test methods, surrogates. The Quality Control results will be reviewed as part of the overall Data Usability Evaluation for the program. Responsive n Resourceful ■ Reliable 2 EXHIBIT Page 4 of 14 Proposal for Groundwater Monitoring Cefe Valenzueia and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 Only wells with one or more Appendix i constituent concentration in excess of the respective background concentration will be sampled during verification sampling events. Investigation-derived waste (IDW)will be disposed in the landfill. 2.3 SSI Determination No later than 60 days after each sampling event, Terracon will determine if a reported concentration exceeds background concentrations. If a constituent concentration exceeds background, Terracon will notify the TCEQ within 14 days of the initial determination and then collect verification samples for laboratory analyses; prepare an ASD; or recommend establishing an Assessment Monitoring Program. Verification sampling and ASDs will be well-specific, constituent-specific and concentration-specific. Based on the laboratory analytical results, verification sampling, if required, will be conducted within 15 business days of receipt of the test results and in consultation with City Landfill personnel. According to the 2017 Annual Report for the Cefe Valenzuela Landfill, the concentration for one constituent (selenium) exceeded background. The exceedance was attributed to natural conditions and was addressed through an ASD. According to the 2016 Annual Report for Elliott, the concentrations for 5 metals exceeded background in 7 monitoring wells. Resampling was conducted. 2.4 Report Preparation The Scope of Services will include preparation and submittal of the following reports: Notice of Initial Exceedance (if needed); Verification Sampling Report(if needed); Alternate Source Demonstration Report(if needed); and a Annual Detection Monitoring Report. These reports will be prepared and submitted following the TCEQ Guidelines for Groundwater Monitoring Report Submittals dated December 2014. Draft reports will be submitted to the City for review/comments. Annual reports will be available for the City to review at least two weeks prior to the required submittal date. The written conclusions and recommendations provided in these reports will take precedence over any verbal or preliminary reports that Terracon personnel may have provided. Responsive ■ Resourceful a,Reliable 3 EXHIBIT"A" Page 5 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills :. Corpus Christi,Texas Irerralcon August 28, 2018 Y Terracon Proposal No.PCD187028 3.0 ALLOWANCES 3.1 Contract Turnover The City has requested that Terracon's cost proposal include developing protocols in the form of a Standard Operating Procedure(SOP)for facilitating the transfer of the groundwater monitoring contract between consultants. Items of interest would include transferring information that would be useful in performing the various tasks associated with the landfill groundwater monitoring program. The SOP will be used as a guideline for the current and future transfer of information related to the contract. The intent will be to ease the transition regarding technical, administrative and regulatory agency matters associated with the contract. Included will be items such as the historical data,familiarization of the monitoring well and sampling equipment, access/scheduling, and site-specific TCEQ concerns or requirements. At the end of the contract term, Terracon will assist the selected future contractor with instructions for maintaining the monitoring wells in proper condition, use of the installations for conducting the groundwater sampling, understanding City landfill requirements and any special TCEQ reporting protocols. Safety procedures including reviewing the Health and Safety Pian, personal protective equipment (PPE), site-specific hazards/concerns,will also be reviewed. Technical aspects of the program, such as trends in the historical data trends and quality control procedures will also be included. The overall objectives will be to lower the City's cost associated with changing consultant, help the environmental consultants benefit from past experiences, avoid pitfalls, minimize mistakes/problems, satisfy the TCEQ and achieve the short and long-term requirements of the City. 3.2 Well Inspections & Development Prior to the commencement of the first groundwater monitoring event, Terracon will inspect and test the dedicated equipment in each monitor well to ensure the bladders are working properly and the tubing/connections are in good working condition. Terracon will also develop the monitor wells if needed based on the volume of sediment in the bladder or bottom of the well. Well development, if needed, may be postponed until after the October sampling event. For budgetary purposes, Terracon assumes that the inspection and development of the wells for each of the landfill facilities will be conducted one time during the groundwater monitoring contract period. Terracon will notify the City of any needed repairs or replacements of any of the tubing, connections or other equipment. 3.3 TCEQ Meetings and Petitions At various stages during the contract period, occasional meetings with the TCEQ may be required to discuss the analytical laboratory results,data outliers, verification sampling,and/or any specific requirements/concerns that may arise. Based on the data history, petitioning the TCEQ may be applicable to reduce the list of analytical parameters, such as certain metals, that are included in the GWSAPs. The meetings may be conducted in person at the landfill facilities, the TCEQ office in Corpus Christi or in Austin. For budgetary purposes, Terracon assumes that there will be one petition or TCEQ meeting per landfill per year. The actual services that are provided will be invoices on a time and materials basis. Responsive a Resourceful v Reliable 4 EXHIBIT"A" Page 6 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills n Corpus Christi,Texas Irerracon August 28,2018 Terracon Proposal No. PCD187028 3.4 General Consulting On an as-needed basis, additional environmental consulting services may be required by the City that are not specifically outlined in Terracon's contract with the City.The task items could include, for example, assistance with a spill/release at one of the facilities, characterizing/identifying suspicious waste material,addressing an asbestos or mold issue,ambient air monitoring,or some other environmental matter that is within Terracon's technical capabilities. Our firm provides a wide range of environmental, geotechnical and materials testing services and would welcome the opportunity to be of assistance should the need arise. The actual services that are provided will be invoiced on a time and materials basis based on the attached rate sheet. 3.5 Training During the course of the contract, the City may bring on new/additional personnel that have a need to become familiar with the groundwater monitoring program. Terracon has included the cost for training designated City staff, on an as needed basis, in matters such as overall program objectives, protocols, regulatory agency requirements, data interpretation, Quality Assurance/Quality Controls, historical results/trends, schedules, groundwater monitoring installations/equipment and/or other pertinent issues. There may also be a need to meet with other personnel or City Officials to discuss/explain certain aspects and objectives of the groundwater monitoring program. For budgetary purposes,Terracon assumes that one training event will be required per year. 3.6 Records Review/Audit If requested, Terracon will conduct an audit of the landfill records such as historical analytical laboratory data, report submittals, TCEQ correspondences, responses, and other pertinent information related to the groundwater monitoring programs.The audit will involve an evaluation of previous issues/concems, data trends and required milestones for achieving the overall objectives of the groundwater monitoring program. If there are missing reports or other documents, we will let the City know of the situation to see if the information can be located. In some cases, documentation may be available from the TCEQ Central Records in Austin. Where available, the modifiable data tables, forms and other information in MS Word, Excel or another editable format will be obtained.The information will be compiled and organized to facilitate record management and ensure records are readily available for future use. For budgetary purposes, Terracon assumes that the Audit/Records Review for each of the landfill facilities will be conducted one time during the groundwater monitoring contract period. 3.7 Non-Routine Monitoring Assessment monitoring would only be required if an SSI determination has been confirmed and an alternate source can't be demonstrated to the satisfaction of the TCEQ. Based on historical data, implementation of the Assessment Monitoring Program is unlikely to occur at either landfill during this contract period. In addition, implementation of an Assessment Monitoring Program would require issuance of a new contract. Responsive a Resourceful a Reliable 5 EXHIBIT"A' Page 7 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracan August 28, 2018 v Terracon Proposal No.PCD187028 As requested by the City, Terracon is providing an allowance for non-routine sampling during the transition period between the Detection and Assessment Monitoring Programs. The non-routine sampling for each landfill (if needed)would consist of: r" Sampling 3 point of compliance wells for the constituents listed in Appendix II to 40 Code of Federal Regulations(CFR) Part 258(hereafter referred to as Appendix 11 constituents); and - Initial communications with the TCEQ regarding the Appendix II results. 3.8 Contingency Allowance As instructed, Terracon has included a line item with a 10% allowance of the groundwater monitoring costs for unforeseen services that may be required. 4.0 SCHEDULE AND FEE The contract is based on the City's fiscal year which begins October 1. The term of the contract is 3 years. The project schedules are based on Week 1 beginning after receipt of the Notice to Proceed (NTP). Our understanding is that the NTP will be received on or before September 28, 2018. The schedules provided in this proposal are contingent upon Terracon's receipt of the NTP by this date. The Allowances will be conducted on an as-needed basis. If schedule delays are anticipated based on subcontractor availability, weather, and/or encountered site conditions, the City will be contacted to discuss changes in the schedule. The standard laboratory analytical completion schedule is 10 business days. If the City would like to have laboratory analyses completed quicker, please contact the undersigned to discuss the options and additional fees. The fee for providing the Scope of Services outlined in this proposal will be invoiced on a time and materials basis using the attached 2018 Terracon Fee Schedule. The 2018 fees will be adjusted 3% annually. Responsive ■Resourceful a Reliable 6 EXHIBIT"A" Page 8 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 Summary of Cost for Groundwater Monitoring Program Elliott Cefe Valenzuela Labor 13,040.00 14,650.00 Laboratory 11,490.00 15,410.00 Testing Equipment, Supplies and Misc. Expenses 3,480.00 4,190.00 Estimated Verification Sampling and Reporting 11,680.00 4,110.00 Total per Event 39,690.00 38,360.00 Total per Year $79,380.00 $76,720.00 Total Annual Cost for Groundwater Monitoring Program $156,100.00 Allowances Contract Turnover(Meetings and SOP) $ 7,000 Well Inspections& Development $11,975 TCEQ Meetings and Petitions $ 6,750 General Consulting $ 5,000 Training (One/year) $ 3,000 ' Records Review/Audit $ 4,750 Non-Routine Monitoring ($7,500 per landfill) $15,000 ' Contingency Allowance $15.616 $69,091 Total Annual Cost for Contract $225,191.00 If additional services are required that are outside the scope of this proposal, the City will be contacted to discuss the associated costs and to obtain authorization prior to commencing the additional services. Responsive a Resourceful a Reliable 7 EXHIBIT"A" Page 9 of 14 Proposal for Groundwater Monitoring Cefe Valenzuela and JC Elliott MSW Landfills a Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No. PCD187028 5.0 CONDITIONS 5.1 Assumptions Field services will be performed in U.S. Occupational Health and Safety Administration Level D work uniform. r' Verification sampling, if needed, can be completed within 2 days per event. o Historical data and reports will be provided to Terracon, no later than the first sampling event, in a format that is easily modified or updated such as Word or Excel. 5.2 Limitations The proposed services will be conducted in a manner consistent with generally accepted practices of the profession undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, express or implied, regarding these services, findings, conclusions or recommendations. Please note that Terracon does not warrant the services of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. These services will be conducted in accordance with the scope of services agreed with you, our client, as set forth in this proposal. Certain indicators of subsurface impacts may be inaccessible, nondetectable, or not present during these services, and we cannot represent that the site contains no hazardous substances, petroleum products, or other latent conditions beyond those identified during this groundwater monitoring services. Subsurface conditions are subject to spatial and temporal variability. Our findings, conclusions, and recommendations will be based solely upon data obtained at the time and within the scope of these services. Responsive ■Resourceful w Reliable 8 EXHIBIT"A" Page 10 of 14 Proposal for Groundwater Monitoring Cafe Valenzuela and JC Elliott MSW Landfills Corpus Christi,Texas Irerracon August 28, 2018 Terracon Proposal No.PCD187028 Table 1.Sampling and Analytical Program for Detection Monitoring Appendix 1 Quantity Appendix 1 Metals Sample Locations or VOCs EPA MSW Landfill Frequency EPA 8260 6010/7471 Cefe Valenzuela Monitoring Well 33 X X Sump 3 X X Trip Blanks Daily X Field Blank Daily X Equipment Blank Per Event X X Duplicates Every 10 X X samples Split Per Event X X Trip Blanks Daily X X JC Elliott Monitoring Wells 23 X X Sumps 3 X X Trip Blanks Daily X Field Blank Daily X Equipment Blank Per Event X X Duplicates Every 10 X X samples Split Per Event X X Appendix I to 40 CFR Part 258 Subpart related to Groundwater Monitoring and Corrective Action at MSW Landfills Responsive a Resourceful 'a Reliable 9 EXHIBIT"A" Page 11 of 14 �h JC Elliot Landfill' 4 , Cefe Valenzuela Landfill J � - N D m � c� 7 n ` m v ` U P p 1` 0 Letlend N 1 Landfill Locations '= 12.000 6,000 0 12,000 Z Feet CL �rqed Mnpr 3rqpip ec Nc Landfill Location Map Exhibit ro y KKB 1 in=12.000 0 Irerracon Cefe Valenzuela Landfill(2397 CR 20.Bishop,Texas) necked y Na pJP WE "mF,3272 Consulting Engtneer5&Scientist% proved By To—,a 6911 Ble-co Road San Antonio,Tx MM JC Elliott Landfill(7001 Ayers Sl Corpus Christi.Texas} JAL 08-24.2018 PH 12101641,2112 FaK 218 Bal 1 4 EXHIBIT"A" Page 12 of 14 TOPOGRAPHIC MAP IMAGE COURTESY OF THE U.S. GEOLOGICAL SURVEY OUADRANGLES INCLUDE: DILLEY, TX (11111974), DILLEY NE. TX (111!1974), MILLETT TX (11111974) and BURNS RANCH, TX (111111974). DIAGRAMIS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES PmjM Manner PJP Plnj.ct No PCD187028 dib' KKB Checked b1 JAL Sul.: NTS h.IN.m.. PCO 187028 APProwd by KKB Data.8-21-2018 lrerracon 6911 Blanco Rd San Antonio, TX 78216.6164 Landfill Map — Cefe Valenzuela Landfill Exhibit Cefe Valenzuela Landfill 2397 CR 20 Bishop, Nueces County, Texas 78380 2 AERIAL PHOTOGRAPHY PROVIDED BY MICROSOFT GOGGLE EARTH DIAGRAM 15 FOR GENERAL LOCATION ONLY AND I5 NOT INTENDED FOR CONSTRUCTION PURPOSES Project Reneger Pip Drawn by KKB Checked br JAL Approved br KKB 1E8i87028 Saw M.T.S Fot PC0187028 Rite 8-21 21118 lrerracon 5111 Blanca Rd San Antonio, TX 712164114 Landfill Map — JC Elliott Landfill Exhibit JC Elliott Landfill 7001 Ayers Street Corpus Christi, Nueces County, Texas 78415 3 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $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 Contract for Professional Services Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting September 25, 2018 DATE: September 18, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Meal Delivery Service for Parks and Recreation CAPTION: Motion authorizing a three-year service agreement with R&R Delivery Service of Corpus Christi, Texas for meal delivery service for $678,178.80. PURPOSE: The purpose of this item is to approve a three-year service agreement for Meal Delivery Services for Parks and Recreation. BACKGROUND AND FINDINGS: Meal Delivery Services supports the Parks and Recreation Department's Senior Community Services and Summer Feeding Program. This service agreement provides Senior Community Services with the home delivery of approximately 550 meals daily to recipients of the Elderly Nutrition Program Grant and the Title XX and Title XIX Meals on Wheels Program. For the Summer Feeding Program, approximately 400 meals are delivered to designated feeding sites each day during the eight-week period from June to August, which is grant-funded through the Texas Department of Agriculture. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to provide Meal Delivery Services Request for Bid No. 1490. The City received one bid; staff concluded that the bid submitted was fair and reasonable. Staff recommends award to R&R Delivery Service. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $678,178.80 $678,178.80 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $678,178.80 $678,178.80 BALANCE j $0.00 $0.00 $0.00 Fund(s): Parks & Recreation Grant Fund - 1067 Comments: The Service Agreement will begin October 1 , 2018 through September 30, 2021. Funding will be funded in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Ciyt of Corpus Christi Bid Tabulation Purchasing Division RFB NO. 1490 Buyer: John Elizondo Meal Delivery Services for Parks and Recreation R&R Delivery Service ITEM DESCRIPTION UNIT QUANTITY Corpus Christi, TX UNIT PRICE EXTENDED PRICE Year 1 Elderly Nutrition Program - 1 Home Delivered Meals Meals 137,500 $ 1.54 $ 211,750.00 Year 2 Elderly Nutrition Program - 2 Home Delivered Meals Meals 137,500 $ 1.56 $ 214,500.00 Year 3 Elderly Nutrition Program - 3 Home Delivered Meals Meals 137,500 $ 1.58 $ 217,250.00 Group Total $ 643,500.00 4 Year 1 Summer Youth Feeding Program Meals 14,820 $ 0.75 $ 11,115.00 Year 2 Summer Youth Feeding 5 Program Meals 14,820 $ 0.78 $ 11,559.60 Year 3 Summer Youth Feeding 6 Program Meals 14,820 $ 0.81 $ 12,004.20 Group Total $ 34,678.80 Grand Total $ 678,178.80 SC 0 > SERVICE AGREEMENT NO. 1490 U MEAL DELIVERY SERVICE FOR PARKS AND RECREATION bO RPOR Af� 1852 THIS Meal Delivery Service for Parks and Recreation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and R&R Delivery Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Meal Delivery Service for Parks and Recreation in response to Request for Bid/Proposal No. 1490 ("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 Meal Delivery Service for Parks and Recreation ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $678,178.80, 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: Lisa Oliver Department: Parks and Recreation Phone: 361-826-3132 Email: IisaoC 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: Lisa Oliver Title: Senior Community Services Superintendent Address: 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-3132 Fax: N/A IF TO CONTRACTOR: R&R Delivery Service Attn: Russell James Title: Owner/Operator Address: P.O. Box 71746, Corpus Christi, TX 78467 Phone: (830) 275-0853 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 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: �"a Printed Name: �-y 5eLL ,)AIrle-5 Title: Q we.(z., d P C f A-�b R, 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. 1490 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide meal delivery services for the Parks and Recreation Elderly Nutrition Program - Home Delivered Meals and the Summer Youth Feeding Program as outlined in this Scope of Work. B. The Elderly Nutrition and the Summer Youth Feeding Programs are administered by Senior Community Services Program, a division of the Parks and Recreation Department of the City. The meal delivery service for the Elderly Nutrition Program is for three years starting each year from October through September. Meal delivery service for the Summer Youth Feeding Program is also for three years but only for an eight week period each year, starting approximately the second week in June. 2. Scope of Work A. The City will be responsible for providing the Contractor with sufficient meals packed and ready for shipping with a route specifying the name and address of the recipient on a daily basis no later than 9:30 a. m. B. The Contractor shall load the meals into the delivery vehicle, deliver the meals to each home, hand the meals directly to the recipient at the door or request permission to enter the home and conveniently place the meal in a designated area and assist the recipient in opening the meal, if needed. It is the responsibility of the driver to initiate direct verbal and visual contact with the recipient each day the meal is delivered to the home. C. Contractor shall deliver approximately 550 meals each day to participating residents for a twelve month period consisting of 250 days to be delivered between the hours of 10:30 a.m. and 1 :30 p.m. Monday through Friday as outlined in Exhibit A - 2018 Elderly Nutrition Program- Home Delivery Calendar. D. Contractor shall deliver approximately 380 meals each day for 39 days during an eight week period between 10:30 a.m. and 1 :30 p.m. as per Exhibit B - 2018 Summer Youth Feeding Program Delivery Calendar. E. TRAINING: Elderly Nutrition Program - Home Delivered Meals - The Contractor will provide training for drivers in areas of meal delivery operations, client confidentiality procedures, handling emergency situations, sanitary methods for delivering meals, general knowledge and techniques of working with aged and disabled individuals. Training shall be conducted by the Contractor on a quarterly basis and should be documented by the Contractor for Senior Community Services Program files. F. HIRING OF CONTRACTOR EMPLOYEES: The Contractor shall ensure drivers meet the following requirements prior to issuing them a route assignment: 1 . Valid Texas Driver's License. 2. Minimum State requirement of vehicle insurance coverage. 3. General knowledge of Corpus Christi City Limits. 4. Knowledge of Senior Community Service Meal Delivery Routes and Summer Youth Feeding Program Routes. 5. The Driver must have a valid Corpus Christi/Nueces County Health Department Food Handlers Permit. 6. It is recommended all employees complete a Basic First Aid/CPR Certification within 60 days of employment. 7. The Contractor must provide written documentation and maintain records of conducting employee background checks as mandated by the Texas Health and Human Services and Texas Department of Agriculture per the following: a) The Contractor must obtain a criminal history on each driver through a public agency or directly from the Department of Public Safety. b) The Contractor must obtain an Employee Misconduct Registry on- line through the List of Excluded Individuals/Entities (LEIE) maintained by the United States Department of Health and Human Services Commission. c) The Contractor must obtain a Nurse Aide Misconduct Registry on- line through the LEIE, maintained by the United States Department of Health and Human Services Commission, Office of Inspector General. G. All background checks are required before hiring an applicant for employment. The Employee Misconduct Registry and the Nurse Aide Registry are required to be conducted on a monthly basis while employed. Contractor employees must adhere to the following: 1 . Must wear a picture style identification badge on the upper outer garment when delivering meals. Such badge shall be approved by the Contract Administrator. 2. Must comply with professional dress code requirements. Cut off shorts, tank tops, or flip flops are not allowed. 3. Dress, accessories and jewelry which contain obscene symbols, signs or slogans, and/or which slur or degrade on the basis of race, religion, ethnicity, sex, disability or sexual orientation, contain language or symbols supporting sex, drugs, alcohol, or tobacco, and impose a threat of imminent violence are not allowed. 4. Clothes shall be sufficient to conceal undergarments at all times. See- through fabrics, sheer, fishnet fabrics (clothing with large holes), halter tops, off the shoulder, low cut tops, and bare midriffs are not allowed. See through shirts may be worn with t-shirts that meet dress code. 5. All shorts must not be more than 1-2 inches above the knee. 6. Sagging and/or baggy pants must not be worn. Pants need to be properly fitted and/or worn with a belt. Pants may not drag on or touch the ground. 7. All other requirements as per Senior Community Services Home Delivered Meal Training Handbook for drivers. (Attachment A) H. The Contractor must provide a HOME DELIVERY MEAL (HDM) and Summer Youth Feeding Program Route Supervisor to be housed at the Nutrition Education Services Center, Monday through Friday from 8:00 a.m. until all drivers return to the kitchen. The responsibilities of the HDM and Summer Youth Feeding Program Route Supervisor are as follows: 1 . Verify daily route charts for accuracy before drivers arrive (i.e., pick up cancellation/reservation book for any documentation). 2. Addressing Contractor employee issues (i.e., drivers calling in sick, training, etc). 3. Calling back-up drivers to fill in when necessary. The Route Supervisor may not serve as a designated back-up driver. 4. Assist in packing route meals and milk to verify accuracy. 5. Assist in troubleshooting calls from drivers 6. Verify Route Sheets on a daily basis. 7. Submit daily Total Route Sheet reservations for the next serving day by 1 :30 p.m. 8. Complete and submit weekly Summary Report to the Contract Administrator by 4:00 p.m. on Fridays. 3. General Requirements A. Delivery 1 . Meals will be packed and must be kept in holding containers provided by the Contractor until the meal is delivered to the recipient. 2. Contractor shall replace broken or misused holding containers in a timely manner. 3. Contractor shall provide twelve food carts for loading the meals on to the delivery vehicles. Hot and cold food shall be maintained as per Texas Health and Human Services standards for the Elderly Nutrition Program and Texas Department of Agriculture for the Summer Youth Feeding Program throughout the transport (i.e. milk will be kept in the cooler packed in ice at all times until delivery). 4. For the Elderly Nutrition Program-Home Delivered Meals, the Contractor shall deliver a specified number of frozen meals to designated recipients along with the hot meals as client/recipient service plans require. 5. Each driver shall complete their route within a two-hour to three-hour window, commencing from their pickup time to the time they return to the kitchen. 6. Meals delivered after the three hour window will be billed at half rate and any meal delivered after 3.25 hours shall be returned to the kitchen and will not be billed to the City of Corpus Christi's Senior Community Services Division. 7. The driver shall log the delivery time to first and last delivery to recipient. 8. The driver shall verify the meals packed for delivery as per the daily route sheet to assure accuracy. If a driver is short a meal(s) they will be responsible for returning to the kitchen and delivering the meal to the recipient (i.e. a driver fails to count the meals before leaving the kitchen or a driver delivers a meal to a client who was marked "off" the route sheet). The City will be responsible for delivering the meal if it was the fault of the City, (i.e. the City fails to properly document a cancellation or omits to add a recipient on the route). The payment reduction will not apply to meal shortages resulting from documentation errors made by City Staff. 9. All meals shall be delivered in an enclosed vehicle without exceptions to this requirement (i.e., meals will not be placed in the back of a pickup truck that does not have a shell). Vehicles must comply with safety, Health Department, Texas Health and Human Services (Elderly Nutrition Program), and Texas Department of Agriculture (Summer Youth Feeding Program) standards and must be properly maintained. 10.The Contractor shall maintain approximately 10 routes consisting of approximately 55 stops each. The number of routes is contingent on the number of routes in the service area. Changes to routes shall only be made with prior City staff approval. 1 1 .The Contractor shall return all undelivered meals and equipment to the kitchen, along with a locked moneybox used by the driver to collect any donations made by the recipients. 12.An additional meal will be delivered prior to the following designated holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and one other Holiday designated by the Corpus Christi City Council. Meals will be delivered on designated staff in-service dates to be held each quarter. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Special Instructions A. NO SOLICITATION: Drivers must not solicit or accept gifts, favors, tips or any other items of value from a recipient or other person on behalf of the recipient in connection with the services rendered under the contract. B. NOTIFICATION: Elderly Nutrition Program - Home Delivered Meal-Drivers must immediately notify an employee of the Senior Community Services of any safety, health, or fire hazards observed in recipient's home. Any significant changes observed in the recipient's physical or mental condition must also be reported immediately. In addition, Contractor is to report when previous day's food is found uneaten and/or where it was left the previous day, the recipient cannot be found, and suspension of services has not been authorized. Exhibit A (Monday - Friday Schedule) Elderly Nutrition Program Home Delivery S M T W T F S S M T W T F S ■ ■ S M T W T F S S M T W T F S ■ S M T W T F S S M T W T F S ■ S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S Meal Delivery Additional Meal Delivery City Holiday An additional meal will be delivered prior to the designated holidays: New Years Day,Memorial Day Fourth of July, Labor Day,Thanksgiving Day,Christmas Day and one other Holiday designated by the Corpus Christi City Council. Exhibit B 2018 Summer Youth Feeding Program m T w 1 5 -A I w 7 1 2 3 4 5 6 1 2 7 t1 9 10 11 12 5 6 7 a 9 1 A .5 16 17 18 19 i5 12 13 14 15 16 21 22 23 24 25 26 27 19 20 21 22 23 2tj 29 1 30 31 26 27 210 3 )A w 1 3 3 m T w i F s 2 a 1 2 3 4 5 -5 7 4 5 6 7 1? 1 D 9 10 11 s 14 1 1 12 13 14 15 6 17 16 17 21 I?1 19 20 21 212 23 24 23 24 7 t! L25 26 1 27 2t[ 29 30 31 L7: 1 30 1 5 T W 5 5 1 JA T W F 2 5 2 9 - 12 3 4 5 6 7 8 9 3 17 .11 1' '1 I It T? "WM OT4 -M 16 2C 24 .7 1 b 19 20 27 -2 23 :t 75 —t 1 27 26 2qqj 30 5 T T 7 w ir z 142 3 5 6 S1 10 11 12 13 1 6 16 TS 116 17 18 19 20 13 14 22 3 24 25 26 27 21 2 2 7 29 31 28 '29 T -A T w F 5 1 2 3 6 3 4 3 7 7 9 10 13 42 10 11 12 3 - 15 16 17 20 16 17 18 19 2 2 23 24 227 23 2! 25 2� :t 29 30 3' 30 1 T 7 -A w s 2 1 15 7 3 4 5 6 7 13 14 15 16 10 11 12 1:3 IA 15 20 21 22 23 17 1 E 19 2D 21 22 -6 27 1 28 1 29 1 30 24 1 '2 5 1 26 1 V 2ts TP Meal Delivery Ciry H oliday-No Med Derivery ATTACHMENT B - BID/PRICING SCHEDULE MEAL DELIVERY SERVICES FOR PARKS AND RECREATION CITY OF CORPUS CHRISTI R&R DELIVERY SERVICE PURCHASING DIVISION CORPUS CHRISTI, TEXAS SENIOR BUYER: JOHN ELIZONDO R&R Delivery Service ITEM DESCRIPTION UNIT QUANTITY Uvalde, TX UNIT PRICE EXTENDED PRICE Year 1 Elderly Nutrition Program - 1 Home Delivered Meals Meals 137,500 $ 1.54 $ 211,750.00 Year 2 Elderly Nutrition Program - 2 Home Delivered Meals Meals 137,500 $ 1.56 $ 214,500.00 Year 3 Elderly Nutrition Program - 3 Home Delivered Meals Meals 137,500 $ 1.58 $ 217,250.00 Group Total $ 643,500.00 4 Year 1 Summer Youth Feeding Program Meals 14,820 $ 0.75 $ 11,115.00 Year 2 Summer Youth Feeding 5 Program Meals 14,820 $ 0.78 $ 11,559.60 Year 3 Summer Youth Feeding 6 Program Meals 14,820 $ 0.81 $ 12,004.20 Group Total $ 34,678.80 Grand Total $ 678,178.80 ATTACHMENT C—INSURANCE AND BOND REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance.Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 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 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL 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 Purchasing—Parks & Rec Meal Delivery Service for Elderly Nutrition Program and Summer Youth Feeding Program 07/18/2018 sw Risk Management Valid Through 12/31/2018 No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Attachment D - Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 18, 2018 1852 Action Item for the City Council Meeting of September 25, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG a(�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a).cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing a one-year supply agreement for the purchase of hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for $195,750.00. PURPOSE: This item is to approve a supply agreement for hydrofluorosilicic acid for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The product hydrofluorosilicic acid will be used in the treatment of potable (drinking)water to reduce the incidence of dental caries (tooth decay). The Hydrofluorosilicic Acid will be fed by means of a liquid feeding system. Commercial strength hydrofluorosilicic acid has a typical strength of 25 percent acid content, and is produced as a co-product in the manufacture of wet-process phosphoric acid and other phosphate fertilizers. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest, responsive, responsible bidder, Univar USA, 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 procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Utilities Department -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,924,177.02 $179,437.50 $8,103,614.52 Encumbered / Expended Amount $2,814,545.67 $0.00 $2,814,545.67 This item $16,312.50 $179,437.50 $195,750.00 BALANCE $5,093,318.85 $0.00 $5,093,318.85 Fund(s): Utilities - Water Fund Comments: The initial contract term total is $195,750.00, of which $16,312.50 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR BID BID TABULATION TITLE:RFB 1780 Hydrofluorosilicic Acid for Water Treatment BUYER:Cynthia Perez Supplier 1 Supplier 2 Supplier 3 Supplier 4 Univar Mosaic Global Sales,LLC Pencco,Inc. Shannon Chemical Corporation Kent,Washington Lithia,Atlanta San Felip,Texas Malvern,Pennsylvania UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION Unit QTY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 HydrofluorosilicicAcid Wet Ton 1 450 $ 435.00 $195,750.00 $437.00 $196,650.00 1 $483.00 $217,350.00 $ 577.77 $259,996.50 TOTAL $195,750.00[ $196,650.00 $217,350.00 $259,996.50 o� SUPPLY AGREEMENT NO. 1780 v Hydrofluorosilicic Acid for Water Treatment N 0 ppPO¢pRPY THIS Hydrofluorosilicic Acid for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Univar USA, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hydrofluorosilicic Acid for Water Treatment in response to Request for Bid No. 1780 ("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 l 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 Hydrofluorosilicic Acid for Water Treatment in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), 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 $195,750.00, 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 ] of 7 Approved as to Legal Form 12/15/17 Name: Diana Zertuche-Garza Department: Utilities Phone: (361) 826-1827 Email: dianaG@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 faxes, 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: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, TX 78410 Phone: (361 ) 826-1827 Fax; (361 ) 826-4488 IF TO SUPPLIER: Univar USA, Inc. Attn: Stacy Ziegler Title: Municipal Specialist Address: 8201 S. 212th St. Kent, WA 98032 Phone: (253) 872-5023 Fax: (253) 872-5041 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: �r-r-k Title: ., I AA -.n r- 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No, 1780 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 hydrofluorosilicic acid as outlined in this Scope of Work.HydrofIuorosilicic Acid is used in the treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). Hydrofluorosilicic Acid is produced as a co-product in the manufacture of wet-process phosphoric acid and other phosphate fertilizers. The Hydrofluorosilicic Acid is fed by means of a liquid feeding system. Commercial strength Hydrofluorosilicic Acid has a typical strength of 25 percent acid content. This item will be purchased in wet tons. 1.2 Scope of Work The Supplier shall supply Hydrofluorosilicic Acid as specified. i. The Hydrofluorosilicic Acid shall contain between 20 and 25 percent Hydrofluorosilicic Acid by weight. 2. The Supplier shall comply with the American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-06, 3. The Supplier shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. The Supplier shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognizedby the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements I. Each shipment shall be in approximately 4,000-gallon tank truck lots. Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot "Notice: This material meets the requirements of AWWA B703-06 Standard for Hydrofluorosilicic Acid". 2. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78410. 3. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. 4. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-06 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Up River Rd., Corpus Christi, Texas 78410. This analysis shall include, but is not limited to, 1 ) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA and Training A. The Supplier must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. B. The Supplier shall provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 Supplier Quality Control and Superintendence The Supplier 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 Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.6 4wnershir) City's ownership of the Hydrofluorosilicic Acid shall begin, and Supplier's ownership shall cease, upon the unloading of the chemical at the Q.N. Stevens Water Plant. 1.7 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Hydrofluorosilicic Acid. Attachment B - Bid/Pricing Schedule mus CITY OF CORPUS CHRISTI v BID FORM PURCHASING DIVISION RFB No. 1780 x852 Hydrofluorosilicic Acid for Water Treatment Date: July 26, 2018 PAGE 1 OF 1 Bidder: Univac USA, Inc. AuthorizedSignature: 1. Refer to "Instructions to Bidders" and Contract Terms and o ons 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 i 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. Do not write notes on the bottom of this page. Bidder will be considered Non-Responsive if the bid form is modified. Item Description UNIT 12- Unit Price Total Price Month QTY 1 H drofluorosilicic Acid Wet Tons 1 ,450 1 $ 435.00 $ 195,750,00 Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change, or termination required on all Per occurrence - aggregate 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 b. 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 domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence 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. Il. 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 insured's 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 Purchasing - Utilities Delivery of Hydroflucrosilicic Acid 06/21/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this supply agreement. Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement.