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HomeMy WebLinkAboutAgenda Packet City Council - 07/30/2019City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, July 30, 2019 11:30 AM Council Chambers Addendurns may be added on Friday. 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. B. Invocation to be given by Pastor Betty Vestal, Church of Acts. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Richard Gonzalez, Safety Coordinator, Risk Management. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-1001 Proclamation declaring July 25, 2019, "National Intern Day". Proclamation declaring August 5-11, 2019, "National Farmers Market Week". Proclamation declaring August 8-10, 2019, "32nd Reunion "Mighty, Mighty Hornets" Solomon Melvin Coles Alumni Association Days". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: (ITEM 2) City of Corpus Christi Page 1 Printed on 7/30/2019 City Council Meeting Agenda - Final July 30, 2019 2. 19-1038 Regular Meeting of July 16, 2019. H. BOARD & COMMITTEE APPOINTMENTS: 2.a. 19-1048 Charter Review Ad Hoc Committee I. EXPLANATION OF COUNCIL ACTION: J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. 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 3 - 17) 3. 19-0575 Ordinance annexing for full purpose approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city so as to include said hereinafter described property within said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulations of City of Corpus Christi Page 2 Printed on 7/30/2019 City Council Meeting Agenda - Final July 30, 2019 said city; and adopting a service plan. Sponsors: Planning and Environmental/Strategic Initiatives 4. 19-0638 Zoning Case No. 0419-02 Braselton Development Company, Ltd: Ordinance zoning property at or near 0 county Road 33 to the "RS -4.5" Single -Family 4.5 District. Sponsors: Development Services 5. 19-0951 Ordinance accepting and appropriating $289,765.00 from the Federal Aviation Administration Grant and authorizing reimbursement of expenses for additional fencing, security cameras, and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project and amending the FY 2018-2019 Capital Budget. Sponsors: Aviation Department 6. 19-0964 Ordinance authorizing lease agreement with SMG to allow use of streets bounded by Fitzgerald Street, N. Water Street, Resaca Street and Shoreline Blvd. and including portions of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street for the 2019 Coastal Bender event and related activities to be held on August 1 - 4, 2019, which requires SMG to pay all permit fees required for the event, estimated at $1,000.00. Sponsors: City Manager's Office and American Bank Center 7. 19-0940 Ordinance appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via GoodBuy Purchasing Cooperative for a total amount not to exceed $208,138.33. Sponsors: Gas Department and Contracts and Procurement 8. 19-0919 Motion awarding three (3) separate two-year Master Services Agreements (MSAs) with Professional Service Industries, Rock Engineering & Testing Laboratory, and Terracon Consultants, Inc., up to the amount of $1,000,000 each to provide geotechnical engineering and construction materials testing for various Bond and CIP projects with funds available from Street Bonds 2012, 2014, 2016 and 2018, Street Operations and various Utility funds as required. Sponsors: Engineering Services 9. 19-0832 Motion approving Amendment No. 1 to a contract with HDR, Inc. of Austin, Texas for an update to the rate model in the amount of $91,000.00 for a total not to exceed amount of $134,400.00 with two optional 1 -year technical support renewals for $49,500.00 each to be approved administratively for a total contract cost of $233,400.00 for the Utility Rate Model Analysis and Implementation project with funding available from City of Corpus Christi Page 3 Printed on 7/30/2019 City Council Meeting Agenda - Final July 30, 2019 Water Utilities Operations Budget. Sponsors: Utilities Department and Engineering Services 10. 19-0900 Motion authorizing the purchase of nine replacement 2020 model freightliner M2-106 SRA trucks from Houston Freightliner, Inc. of Houston, Texas, via Buy Board Cooperative for a total amount not to exceed $1,207,583.00, funded through the Water, Wastewater, Storm Water and Fleet Maintenance Service Funds. These units are replacing trucks used daily by Water Utilities Department repair and construction crews. Sponsors: Utilities Department and Contracts and Procurement 11. 19-0923 Motion authorizing the lease purchase of three replacement 2020 model Western Star trucks consisting of two rear packing refuse trucks and one water tanker truck for an amount not to exceed $624,276.48 from Grande Truck Center of San Antonio, Texas, and five replacement 2020 model Freightliner trucks consisting of one 18 cubic yard dump truck, three brush container trucks and one rear steer brush loader from Houston Freightliner of Houston Texas for a total amount not to exceed $960,135.00, plus a total estimated allowable interest for lease of $175,942.60, for a combined total amount not to exceed $1,760,354.08 funded through the General Fund. Sponsors: Solid Waste Operations and Contracts and Procurement 12. 19-0917 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, for the purchase of concrete mix in various types for a total amount not to exceed $64,855.83, with the first-year funding through the Stores Fund. Sponsors: Contracts and Procurement 13. 19-0961 Motion authorizing an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for management of the investment of Corporation Funds Sponsors: Financial Services Department 14. 19-0962 Motion authorizing an agreement between the Corpus Christi B Corporation and the City of Corpus Christi for management of the investment of Corporation funds. Sponsors: Financial Services Department 15. 19-1028 Motion to set the Public hearing for the City of Corpus Christi Fiscal Year 2019-2020 Budget for September 10, 2019 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Sponsors: Office of Management and Budget 16. 19-1034 Motion setting September 17, 2019 as the date of the adoption of the ad valorem tax rate of $0.646264 per $100 valuation. Sponsors: Financial Services Department City of Corpus Christi Page 4 Printed on 7/30/2019 City Council Meeting Agenda - Final July 30, 2019 17. 19-1036 Motion setting a public hearing on the ad valorem tax rate for August 27, 2019 and a second public hearing for September 10, 2019 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Sponsors: Financial Services Department L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 19-0959 Public Hearing and Second Reading Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street. Sponsors: Development Services 19. 19-0949 Zoning Case No. 0619-01: Mt. Olive Lutheran Church (Council District 5) Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District. Planning Commission and Staff recommend Approval. Sponsors: Development Services 20. 19-1033 Ordinance abandoning and vacating a 4 -foot wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. Sponsors: Development Services N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 21 - 23) 21. 19-0965 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100 in the Police Grants Fund. Sponsors: Police Department 22. 19-0943 Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer -mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA-Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. Sponsors: Gas Department and Contracts and Procurement City of Corpus Christi Page 5 Printed on 7/30/2019 City Council Meeting Agenda - Final July 30, 2019 23. 19-0740 Ordinance awarding a contract to Haas -Anderson Construction, LTD in the amount of $11,016,599.50 for construction of Ayers Street Pedestrian improvements and turn lane addition from South Padre Island Drive (SPID) to Gollihar Road for the base bid and additive alternate no. 1 with asphalt pavement; amending the FY2019 Capital Improvement Program Budget to support the use of Bond 2014 Proposition 1 funds, increase the budget, and funds are available in Bond 2014 Streets and various utility funds. Sponsors: Street Department and Engineering Services P. BRIEFINGS: (ITEM 24) 24. 19-1029 Briefing on the Proposed FY2020 Annual Operating Budget and Capital Budget for fiscal year beginning October 1, 2019. Sponsors: City Manager and Office of Management and Budget Q. EXECUTIVE SESSION: (ITEMS 25 - 27) 25. 19-1023 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 landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City's contracts with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. 26. 19-1024 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 franchise agreement(s) with AEP Texas Central Company and fees payable pursuant to said franchise(s). 27. 19-1025 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the lawsuit of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi and the potential approval of attorney's fees, expert fees, and expenses in said case. R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS S. ADJOURNMENT City of Corpus Christi Page 6 Printed on 7/30/2019 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, July 16, 2019 11:30 AM Council Chambers Addendurns may be added on Friday. 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 Communication 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 11:32 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kent Mcilyar, Assistant City Attorney, Legal Department. Mr. Kent Mcilyar led the Pledge of Allegiance to the flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Present: 9 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. Proclamations / Commendation 1. Proclamation declaring July 15-19, 2019, "National Disability Voter Registration Week". Proclamation declaring July 2019, "National Parks and Recreation Month". Commendation for Fish for Life. Recognition of "Mayor's July 4th Big Bang Celebration" Regatta Winners. Mayor McComb presented the proclamations, the commendation and the recognition. G. MINUTES: 2. Regular Meetings of June 18, 2019 and June 25, 2019. Rather than discuss Item F, Board and Committee appointments, Mayor McComb deviated from the agenda and referred to Item 2. A motion was made by Council Member Rudy Garza, seconded by Council Member Michael Hunter, that the Minutes be passed. The motion carried by a unanimous vote. I. EXPLANATION OF COUNCIL ACTION: J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum. City Secretary Rebecca L. Huerta conducted the public comment period. Tony Hartwell, P.O. Box 18785, Flour Bluff, commented on his disappointment with the City's departments, specifically the response time of the Call Center, City of Corpus Christi Page 2 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Code Enforcement, Animal Control, and the Police Department. Gus Livaditis, 5334 Everhart Rd., spoke about the Everhart Rd. construction project and how it is impacting small business owners financially due to the length of time it is taking to complete. Pat Lawler, 3801 Stirman, expressed concern regarding damage to his property resulting from the Staples St. construction project. Jack Gordy, 4118 Bray Dr., discussed blocked sidewalks and tree limbs in the City violating the Americans with Disabilities Act. Miguel S. Saldana, 4553 Moonlake Ridge Dr., discussed building permit fees and the disparity between commercial and residential building fees. Brian Watson, 5813 Hugo Dr., discussed a homeless veterans initiative, and the LGBTQ community's response to a county official. Michael Miller, 51 Camden Place, commented on guidelines for construction of arterial and collector streets with concrete or asphalt and recommended the evaluation criteria be given more consideration. Margareta Fratila, 3606 Tripoli Dr., discussed how the minimum consumption of water is calculated; if residents can use private garbage collectors instead of city garbage collection services; and the accuracy of water bills. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) City Manager Zanoni informed the public of an offshore oil terminal project proposed by Phillips 66, and a related open house and public input meeting, hosted by Phillips 66, on Monday, July 22, 2019 from 4-8 p.m., at the Omni Hotel on Shoreline Blvd. 2) The Police Department's 78th Police Academy class, made up of 36 cadets, 26 from a minority class, of which 13 are female. City Manager Zanoni recognized the leadership of Chief Markle and his command staff. 3) The Police Department's Move Over Law campaign reminding motorists they are required to move to the adjacent lane or reduce speed by half of the posted speed limit to provide for the safety of all public safety officers, first responders, and wreckers. P. BRIEFINGS: (ITEMS 25 - 26) 25. The Lonestar Unmanned Aerial System (UAS) Center of Excellence & Innovation at Texas A&M University - Corpus Christi and NASA's Urban Traffic Management (UTM) are teaming up for a flight test event in Corpus Christi. Mayor McComb referred to Item 25. Director of Intergovernmental Relations Tammy Embrey stated that the purpose of this item was to see the vision of the Unmanned Aerial Systems (UAS) program coming to full circle with Corpus Christi being one of only two cities participating in this test event. President of Texas A&M University -Corpus Christi (TAMUCC), Kelly M. Quintanilla, presented information on the following topics: background; events; impact; and UAS Scenarios 1-5; and Actions. City of Corpus Christi Page 3 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Mayor McComb commended Dr. Quintanilla for TAMUCC's work on the project. 26. Air Service Development for Corpus Christi International Airport - Update by Trillion Aviation, a Landrum & Brown Company. Mayor McComb referred to Item 26. Executive Vice President of Landrum & Brown, Dan Benzon, presented information on the following topics: Background of Landrum & Brown (L&B); Corpus Christi (CRP) Airline Data: CRP Enplanements; Economic & Airport Growth; Top CRP origin and destination (O&D) Markets; Load Factors at CRP; CRP Leakage; Market Comparisons: Pensacola Demand comparison; Myrtle Beach Growth and investment; Harlingen Subsidizing Frontier Airlines; Air Service Efforts: Air Service Initiatives; and what has been successful in other cities. Council members and Mr. Benzon discussed the following topics: importance of economic growth; maintaining airlines while adding new ones; regular meetings with the Corpus Christi Regional Economic Development Corporation and Visit Corpus Christi in relation to air service; importance of advertising as a fly market; importance of the community supporting air service; and the process of courting airlines to come into our community. Mayor McComb recommended Landrum & Brown contact the Corpus Christi Convention & Visitors' Bureau to further discuss advertising and marketing. L. RECESS FOR LUNCH Mayor McComb recessed the Council meeting for lunch. The recess for lunch was held from 1:30 p.m. to 2:04 p.m. K. CONSENT AGENDA: ITEMS (4 - 7) 4. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 8, 10 and 11-14 be pulled for individual consideration. Council Member Molina announced he was abstaining on Item 8. A motion was made by Council Member Garza, seconded by Council Member Guajardo, to approve Items 4 - 7 on the Consent Agenda. These consent agenda items were passed and approved by one vote as follows: Aye: 9 - Abstained: 0 Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Ordinance authorizing License Agreements with Nueces County for Arlington Heights Christian School and South Texas Futbol Club use of LyondellBasell Park on Haven Drive for youth sports programs, with City of Corpus Christi Page 4 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 5. 6. 7. 8. two-year terms, with option to extend for up to two additional years. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031808 Zoning Case No. 0519-01 Luxury Spec Homes (Council District 1): Ordinance rezoning property at or near 3802 Callicoate Road from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031809 Zoning Case No. 0519-02 Rick's Homes, LLC. (Council District 1): Ordinance rezoning property at or near 3030 McKinzie Road from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Tract 1) and "RS -4.5" Single -Family 4.5 District (Tract 2). Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031810 Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation (Council District 1): Ordinance rezoning a property at or near 509 South Carancahua Street from the "ON" Neighborhood Office District and the "RM -1" Multifamily 1 District to the "CR -2" Resort Commercial District. Planning Commission and Staff recommended Denial of the requested zoning change and Approval of zoning change to "ON/SP" Neighborhood Office District with a Special Permit. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031811 Zoning Case No. 0519-04 Blairtown Energy Center, LLC. (Council District 3): Ordinance rezoning property at or near 2502 and 2506 Johanna Street from the "ON" Neighborhood Office District to the "CG -2" General Commercial District. Planning Commission and Staff recommend Denial of the requested change and approval of the zoning change to the "ON/SP" Neighborhood Office District with a Special Permit. Mayor McComb referred to Item 8. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 5 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith Abstained: 1 - Council Member Molina Enactment No: 031812 K. CONSENT AGENDA: ITEMS (9 and 15 - 17) Mayor McComb referred to the remainder of the Consent Agenda. There were no comments from the public. 9. 15. 16. Council Member Garza made a motion to approve Items 9 and 15 - 17 on the Consent Agenda, seconded by Council Member Molina. These consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Motion authorizing the purchase of leased Information Technology (IT) equipment in good, working order that has reached the end of lease schedule by September 30, 2019 for a total of $137,950.00 for Fiscal Year 2019 and authorizing the purchase leased IT equipment that will reach the end of lease schedule by September 30, 2020 for a total of $192,271.45 for Fiscal Year 2020, from CSI Leasing, Inc. of Saint Louis, Missouri for a grand total amount not to exceed $330,221.45 funded through the IT Fund. This Motion was passed on the consent agenda. Enactment No: M2019-099 Motion authorizing a three-year service agreement, for repairs of public and private irrigation system components damaged during City utility work, with 360 Landscape & Irrigation, LLC of Corpus Christi, Texas, for a total amount not to exceed $54,750.00, with first-year funding through the Water, Wastewater and Storm Water Funds. This Motion was passed on the consent agenda. Enactment No: M2019-105 Motion authorizing a three-year supply agreement with Sheinberg Tool Company of Corpus Christi, Texas, for the purchase of Ridgid tools such as pipe wrenches, pipe cutters, and conduit benders, to be used by Water Utilities and Gas Departments, for a total amount not to exceed $122,616.71, with first-year funding through the Stores Fund. City of Corpus Christi Page 6 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 17. 10. 11. This Motion was passed on the consent agenda. Enactment No: M2019-106 Motion authorizing two, one-year supply agreements for original equipment manufacturer Ford parts at a combined amount not to exceed $500,000.00, with Arnold Oil Company, Inc. of Corpus Christi, Texas as the primary for an amount not to exceed $300,000.00 and Lithia FLCC, LLC DBA Access Ford Lincoln of Corpus Christi, Texas as the secondary for an amount not to exceed $200,000.00, with one, one-year renewal option for a total potential amount not to exceed $1,000,000.00 with first-year funding through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2019-107 Motion awarding a contract to Reytec Construction Resources, Inc. of Houston, Texas for the reconstruction of Everhart Road from Holly Road to South Padre Island Drive with concrete pavement and underground utility improvements in the amount of $14,327,966.82 with funding available from Type B, Bond 2014, Bond 2018 and Utility Capital Program funds. Mayor McComb referred to Item 10. Council members and Director of Engineering Services Jeff Edmonds discussed the following topics: daily construction inspections; liquidated damages; working nights and weekends; business signage; and traffic control. Council members and City Manager Peter Zanoni discussed the following topics: future language changes in contracts; number of days the contractor has not worked on the project and reasons for not working; working at night and on weekends; website for the community and businesses to track projects' progress; and daily status emails to businesses and Council. Council Member Garza made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-100 Motion awarding a contract to Berry Contracting, L.P. dba Bay, Ltd. for street reconstruction using asphalt pavement with underground utility improvements in the amount of $5,187,733.85 for Morgan Avenue from Staples Street to Ocean Drive with funding available in the Street 2014 Bond Program and Utility Capital Program. City of Corpus Christi Page 7 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 12. 13. Mayor McComb referred to Item 11. This item was discussed in Item 10. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-101 Motion awarding an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to Max Underground Construction Company, LLC for repair and replacement of the stormwater drainage system up to the amount of $1,500,000 for one year with two (2) one-year administrative renewals for a total contract price of $4,500,000. Administrative approvals are subject to availability of funds and satisfactory contractor performance with current funding available from the Storm Water Capital Improvement program. Mayor McComb referred to Item 12. A council member and Director of Engineering Services Jeff Edmonds discussed the budgeting and funding sources for the contract. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2019-102 Motion awarding a contract to Austin Generator Service for removal and replacement of the Frost Bank Emergency Generator in the amount of $474,765.52 to support the Emergency Operational Center (EOC) during critical events as funded in the FY2019 Asset Management and Facilities Fund. Mayor McComb referred to Item 13. A council member and Director of Asset Management Jim Davis discussed reserve appropriations, approved budget, and assigning funding to appropriate projects. City of Corpus Christi Page 8 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 14. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2019-103 Motion authorizing a four-year service agreement for semi-annual mowing of easements along the Mary Rhodes Pipeline with 2Chainz Brush Cleaning LLC of Lolita, Texas, for an amount not to exceed $144,000.00, with the first-year funded through the Water Fund. Mayor McComb referred to Item 14. A council member and City Attorney Miles K. Risley discussed the inclusion of specific labor law clauses in contracts. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2019-104 M. PUBLIC HEARINGS: (ITEMS 18 - 19) 18. Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City's Comprehensive Plan, for streets proposed in the London area between SH 286 and FM 763 and between the Oso Creek and FM 43; and amending MobilityCC by adding a HikeBikeCC map for the West Oso Creek Wilderness Trail. Mayor McComb referred to Item 18. Senior City Planner Annika Yankee stated that the purpose of this item is to update the future street network designated in the City's Urban Transportation Plan for the London area between SH 286 and FM 763 and between the Oso Creek and FM 43. Senior City Planner Yankee presented information on the following topics: City of Corpus Christi Page 9 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 19. subject area; current Urban Transportation Plan (UTP); street types; highlights of amendments; staff & Transportation Advisory Commission's (TAC) recommendation; Planning Commission's recommendation; Oso Creek Bridge spacing; and recommendations. Mayor McComb opened the public hearing. Fred Braselton, 5337 Yorktown, stated his support of the staff and TAC recommendation. Council members, Director of Planning and ESI Dan McGinn and Senior City Planner Yankee discussed the following topics: cost of road and bridge widening; the density of expected development in the area; the reasons for the Planning Commission's recommendation; 90 degree versus non -90 degree intersections; accessibility to the area; and storm water runoff. Mayor McComb closed the public hearing. Council Member Hernandez 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 Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031815 Ordinance adopting the fiscal year (FY) 2019-2020 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG) budget in the amount of $2,650,562.00, the Emergency Solutions Grant (ESG) budget in the amount of $225,067.00, and the HOME Investment Partnerships (HOME) budget in the amount of $1,055,648.00 for a total of $3,931,277.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents necessary to submit the CAAP, authorizing a staff complement of 27 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2019-2020 CAAP with organizations for approved projects. Mayor McComb referred to Item 19. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to meet the HUD requirements of approving the CAAP and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2019-2020 CAAP. Director Bentancourt presented information on the following topics: staff recommendations - CDBG FY2019, ESG FY2019; and HOME FY2019. City of Corpus Christi Page 10 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Council members and Director Bentancourt discussed the following topics: code enforcement staffing; Nueces County Mental Health Intellectual Disabilities; and funds for taxpayer projects. Mayor McComb opened the public hearing. Judy Telge, 3554 Santa Fe, President of Accessible Housing Resources, Inc., spoke regarding housing low income residents through private developers and private properties and thanked Council and staff for their support. Debra with Corpus Christi Hope House, spoke regarding assisting the homeless, asked for support of current application, and invited Council to tour their shelter. Mayor McComb closed the public hearing. Council Member Barrera 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 Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031814 N. REGULAR AGENDA: (ITEM 20) 20. Resolution amending the City Council Policies to add Policy 28 - Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement will be used if construction cost is not more than $125,000 per lane mile of the asphalt pavement alternative. Mayor McComb referred to Item 20. Director of Street Operations Albert Quintanilla, P.E. stated that the purpose of this item is to establish a City Council policy that confirms recommendation guidelines when determining type of pavement covering to award on an arterial or collector roadway. Director Quintanilla presented information on the following topics: background; maintenance schedules; 30 -year maintenance cost; maintenance cost comparison between asphalt and concrete; staff recommendation; an example of how recommendation would work; and policy recommendation. Council members, Director Quintanilla, and Director of Engineering Services Jeff Edmonds discussed the following topics: Freese & Nichols' report recommendation; factoring in threshold relating to the impact of heavy traffic/heavy vehicles on concrete versus asphalt. A council member and City Manager Pete Zanoni discussed the following topics: the reasons for Freese & Nichol's recommendation; the cost per square City of Corpus Christi Page 11 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 yard used in the analysis presented; the City's actual cost per square yard; updating maintenance costs annually; maintenance of asphalt roadways; the frequency of seal costs and overlays; and keeping up with the Bond -related construction schedules. Council members, Director Quintanilla, and Director Edmonds discussed on the following topics: maintenance schedules; coating; Texas Department of Transportation (TXDOT) studies; calculation of the cost of underground repairs; asphalt repair cost; life -cycle cost analysis; and historical concrete maintenance data. Council Member Molina made a motion to call for the question, seconded by Greg Smith. The motion to call for the question failed with the following vote: Council Members, Guajardo,Hernandez, Hunter, Roy, Barrera and Garza voting No and Mayor McComb and Council Members, Molina and Smith voting Aye. Council members, Director Quintanilla, and Director Edmonds discussed the following additional topics: actual maintenance schedule; separation of arterial and collectors based on heavy traffic and vehicles; Freese & Nichols' memo on average life -cycle cost analysis; and the percentage of City concrete versus asphalt streets, and which more forgiving, if maintenance is not performed on them. Council Member Hernandez made a motion to amend the policy to separate collectors and arterials, per Freese & Nichols' recommendation setting the cost differential of $150,000 for arterials and $100,000 for collectors, along with language proposed by Council Member Guajardo relating to future maintenance costs. The motion to amend died for a lack of a second. A council member and Director Edmonds discussed the age of various streets. Council Member Guajardo made a motion to amend the resolution to add the following after the words construction cost, "as well as cost incurred for future anticipated maintenance activities." Council Members discussed the following topics: including the cost of anticipated maintenance; how often Policy 28 should be updated; how the current asphalt versus concrete "policy" was adopted. Mayor McComb called for a recess. The Council went into recess at 4:21 p.m. Mayor McComb called the meeting back to order at 4:33 p.m. Council Member Guajardo made a motion to amend the resolution to read as follows, "If the construction cost for concrete pavement is not more than $125,000 per lane mile, which should represent future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This will be updated annually," seconded by Greg Smith. Council Members and City Manager Zanoni discussed the following topics: cost of construction; cost of maintenance; recommendation of lowest cost of City of Corpus Christi Page 12 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 product; and numbers updated annually. Mayor McComb called for comments from the public. Escobedo discussed the many variables when comparing concrete and asphalt and encouraged Council to choose the best material. This motion to amend was unanimously approved. Council Member Barrera made a motion to approve the resolution as amended, seconded by Council Member Guajardo. This Resolution was passed as amended and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031813 O. FIRST READING ORDINANCES: (ITEMS 21 - 24) Mayor McComb referred to First Reading Ordinances, Items 21 - 24. Members of the public requested to speak on Items 21 and 24. Council Member Smith made a motion to approve Items 21 - 24, seconded by Council Member Molina. Mayor McComb called for comments from the public. Scott Hunsaker, 600 Travis St., Houston, TX, Corpus Christi Alumina, communicated appreciation for the consideration and expedition of the proposed development agreement. Fallon Woods, Sally Ralsey, Donna Watkins, Brandon, Monica Garza and Jeff D. Longino spoke in support of the Nueces County Victims' Memorial Garden. These ordinances were passed on first reading and approved with one vote. 21. Ordinance disannexing approximately 662.51 acres located along Texas State Highway 361 and areas south of State Highway 361 from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly and affirming annexations and boundaries; providing for severance, publication, and an effective date. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031816 City of Corpus Christi Page 13 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 22. Ordinance authorizing the establishment of Industrial District No. 8 within the Extraterritorial Jurisdiction of the City of Corpus Christi, Texas; and authorizing Industrial District Agreement with property owners within the Industrial District. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031817 23. Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, on June 10, 2019. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031818 24. Ordinance authorizing an agreement with Nueces County Victims' Memorial Garden for donation and acceptance of Memorial Garden to be placed at Cole Park. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031819 H. BOARD & COMMITTEE APPOINTMENTS: 3. Planning Commission (4 vacancies) Airport Zoning Commission (4 vacancies) Animal Care Advisory Committee (1 vacancy) Arts & Cultural Commission (2 vacancies) Board of Adjustment (1 vacancy) City of Corpus Christi Page 14 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Corpus Christi Commission on Children and Youth (1 vacancy) Mayor McComb deviated from the agenda and referred to board and committee appointments. The following appointments were made: Planning Commission and Airport Zoning Commission Council Member Roland Barrera made a motion to reappoint Jeremy Baugh (Regular Member) and Daniel M. Dibble (Regular Member), seconded by Council Member Guajardo and passed unanimously. Council Member Barrera nominated Rogelio Hernandez (Regular Member). Council Member Hernandez nominated Michael M. Miller (Regular Member) and Michael York (Regular Member). Mayor McComb nominated Andrea Francis (Regular Member). Council Member Hunter nominated Jason Page (Regular Member). Michael York (Regular Member) was appointed with Council Members Barrera, Hunter, Smith, Molina, Roy, and Hernandez voting for Michael York (Regular Member) and a runoff was conducted between Rogelio Hernandez (Regular Member) and Michael M. Miller (Regular Member). Michael M. Miller (Regular Member) was appointed with Council Members Hernandez, Roy, Mayor McComb, and Council Members Hunter, and Guajardo voting for Michael M. Miller (Regular Member) and Council Members Molina, Smith, Garza, and Barrera voting for Rogelio Hernandez (Regular Member). Animal Care Advisory Committee Council Member Molina nominated Jarvis J. Amaya (Community At -Large). Council Member Smith nominated Marilyn K. Litt (Community At -Large). Council Member Roy nominated Lynn A. Valley (Community At -Large). Jarvis J. Amaya (Community At -Large) was appointed with Council Members Guajardo, Hunter, Garza, Molina and Hernandez voting for Jarvis J. Amaya and Council Member Barrera, Mayor McComb, and Council Member Smith voting for Marilyn K. Litt, and Council Member Roy voting for Lynn A. Valley. Arts & Cultural Commission Mayor McComb recommended the new appointments of Jody Perkes Hughes (Public Art/Public Space) and Wallace W. Echols, Jr. (Marketing). Council Member Barrera made a motion to appoint Jody Perkes Huges (Public Art/Public Space) and Wallace W. Echols, Jr., (Marketing) seconded by Council Member Garza and passed unanimously. Board of Adjustment Council Member Molina made a motion to appoint Gordon Robinson (Alternate), seconded by Council Member Garza and passed unanimously. City of Corpus Christi Page 15 Printed on 7/25/2019 City Council Meeting Minutes July 16, 2019 Corpus Christi Commission on Children and Youth City Secretary Rebecca L. Huerta withdrew board appointments to the Corpus Christi Commission on Children and Youth. Q. EXECUTIVE SESSION: None. R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. S. ADJOURNMENT The meeting was adjourned at 5:09 p.m. City of Corpus Christi Page 16 Printed on 7/25/2019 CHARTER REVIEW AD HOC COMMITTEE Duties To discuss a comprehensive review of the City Charter, with a focus on extending city council terms to four years, city council compensation, and miscellaneous housekeeping items, with a target election date to be determined by City Council. (Motion No. 2019-068, 5/21/19) Composition Per Council Policies, Section 10, all members to City Council ad hoc committees will be appointed by the Mayor or a majority of the City Council. Name Status District Term Appt. date End date Appointing Authority Position Nominated by Toby Hammett Futrell Active District 4 1 N/A N/A Mayor Chair Mayor Joe McComb Eugene Hernandez Active District 3 1 N/A N/A Mayor Council Member Roland Barrera Chad Magill Active District 5 1 N/A N/A Mayor Council Member Gil Hernandez Oscar Martinez Active District 5 1 N/A N/A Mayor Council Member Everett Roy Richard (Rick) E Milby Active District 1 1 N/A N/A Mayor Council Member Michael T. Hunter Philip J Ramirez Active District 4 1 N/A N/A Mayor Council Member Ben Molina Shirley R Thornton Active District 4 1 N/A N/A Mayor Council Member Greg Smith Bob White Active District 3 1 N/A N/A Mayor Council Member Paulette M. Guajardo John F Wilson Active District 2 1 N/A N/A Mayor Council Member Rudy Garza CHARTER REVIEW AD HOC COMMITTEE Applicants Name District Nominated by Toby Hammett Futrell District 4 Mayor Joe McComb Eugene Hernandez District 3 Council Member Roland Barrera Chad Magill District 2 Council Member Gil Hernandez Oscar Martinez District 5 Council Member Everett Roy Richard (Rick) E Milby District 1 Council Member Michael T. Hunter Philip J Ramirez District 4 Council Member Ben Molina Shirley R Thornton District 4 Council Member Greg Smith Bob White District 3 Council Member Paulette M. Guajardo John F Wilson District 2 Council Member Rudy Garza CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 07, 2015 Profile Toby First Name Email Address Hammett Futrell Last Name 14009 JACKFISH AVE. Street Address CORPUS CHRISTI City What district do you live in? * l District 4 Current resident of the city? TX State Yes C No If yes, how many years? 78418 Postal Code 7 361-949-3201 Primary Phone 512-925-2720 Alternate Phone Work Address - Street Address and Suite Number Work Address - State TX Work E-mail address Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Appointed CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed CHARTER REVIEW AD HOC COMMITTEE: Appointed Tohv Hammett Futrell Pane 1 of 5 Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes. Corpus Christi Convention and Visitors Bureau as an At Large City Appointee. I will resign from the CVB if I am appointed to serve on the Corpus Christi Regional Economic Development Corporation. Education, Professional and/or Community Activity (Present) MBA @ Texas State University; 32 years of government and municipal management experience- retired as City Manager of Austin, Texas; managed the 15th largest city in the nation with 12,000 employees and a $2.5 billion budge; taught MPA Program at UT LBJ School of Public Affairs for 7 years; currently teaching an MPA program at TAMUCC; Consulting on management, budget and economic development with a number of private and public entitites Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender Female 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 Tohv Hammett Futrell Pane 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected Tohv Hammett Futrell Pane 3 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Tnhv Hammett Futrell Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Toby Hammett Futrell Pane 5 of 5 2009 to 2012 2001 to 2008 Toby Hammett Futrell ' (512) 925-2720 (mobile phone) (361) 949-3201 (home phone) Work Experience Professor & Consultant Texas A&M Corpus Christi University Teaching undergraduate political science and graduate public administration courses '- Teaching coursework through the Texas Certified Public Managers Program Contributing author for textbook, Strategic Public Management, published February 2010 Management Consultant i- Providing management, economic development, budget & financial services for public entities and municipalities "r Performing management and performance audit for Texas State University City Manager Austin, Texas Chief Executive Officer of the fourteenth largest city in the nation, with a population of over 750,000 Managed a municipal workforce of over 12,000 employees with an annual operating budget of $2.5 billion and an annual capital budget of $500 million Administered a full-service city including all general government services, as well as enterprise services such as a water wastewater utility, electric utility, airport, public hospital and primary health care clinics, convention center and solid waste services Accomplishments • Operated a city consistently ranked as one of the top three U.S. cities in which to live, work or play; start a business, grow a business or retire • Recognized as the fourth safest major city in the nation i- Recognized for providing superior drinking water treatment, providing the top three cleanest potable water in the U.S. ▪ Recognized for spearheading and completing a $300 million overhaul to the region's wastewater collection system to eliminate Sanitary Sewer Overflows (SSOs) from over 2300 miles of wastewater pipes, listed in Forbes as one of the top ten North American Infrastructure projects of the last 75 years by the International Right of Way Association Ranked as the strongest economic region in the country based on low unemployment rates and the high job growth Steered Austin through the economic downturn, managing a 25% reduction in the General Fund budget while keeping the tax rate down, increasing financial reserves and achieving the second highest possible General Obligation bond ratings Led the City's homeland defense response post -September 11t achieving recognition as one of the 12 best -prepared cities in the country i Managed the care and transition of 56,000 evacuees from Hurricanes Katrina and Rita Negotiated a six -block redevelopment agreement that created Austin's new City Hall and thriving Second Street Retail District > Opened a state-of-the-art Combined Emergency and Transportation Center i Launched the mixed-use redevelopment of over 700 acres at the old Mueller Airport to include a new Central Texas Children's Hospital and the start of a new regional medical school in conjunction with the University of Texas i Negotiated a $5 billion expansion of Samsung for a 300MM fab, the largest foreign capital reinvestment in technology in the U.S. - Opened a number of key recreational and cultural facilities, including the City's first skateboard park, the Long Center for the Performing Arts, the Carver African American History Museum and the Mexican American Cultural Center > Implemented a number of key system improvements including: D 3-1-1 Call Center creating 24/7 access to city services • new citywide financial system :► automated land development permitting and review system • state-of-the-art, public safety computer-aided dispatch and automated vehicle location system - mobile data computers in all of our public safety vehicles > Streamlined the land development process and consolidated 12 departmental functions into a One Stop Shop for land use and development issues Received the coveted national Gold Medal Parks Award for the Best Large City Parks System in 2006 • Achieved Parks Department accreditation in 2007, the only major City in Texas to achieve accreditation • Selected to train U.S. Army Officers being deployed to Iraq on the nuts and bolts of city administration and management of city infrastructure, and provide reach back resources and technology to problem solve issues on the ground in Iraq since 2004 Created an award-winning wellness program, the PE Program, that has significantly reduced health claims coverage and sick leave use among participants saving $750,000 annually > Developed the Austin City Employee (ACE) Award and Recognition Program 2003.2008 Professor, University of Texas LBJ School of Public Affairs > Taught graduate level courses on Urban Policy and Local Government for six years • Provided corresponding management intern program in municipal management Accomplishments > Received the 2008 Most Valuable Graduate Course & Instructor student award at the UT LBJ School of Public Policy 2000 — 2001 Deputy City Manager Austin, Texas Responsible for functional oversight of all City operations and for cross -functional problem solving, including direct oversight of the following departments: ir Austin Police Department • Austin Fire Department - - 2 1996 — 2000 1993-1996 :- Emergency Medical Services L Office of Emergency Management > Municipal Court i Downtown Community Court Accomplishments r Increased public safety staffing levels > Negotiated public safety labor contracts Y Installed video cameras on all patrol vehicles and outfitted all patrol officers with less -than -lethal weapons, such as tasers and bean bag shotguns :- Developed and implemented a citizen oversight process for police, including the creation of a Police Monitor's Office ✓ Created the Downtown Community Court to provide alternative sentencing options for quality of life and substance abuse violations Assistant City Manager Austin, Texas Direct oversight of the following departments: i Public Works and Transportation ) Water and Wastewater Utility r Development Review and Inspection i Drainage Utility Department ✓ Planning, Environmental and Conservation Services ii Economic Development Accomplishments :- Developed and implemented the City's Smart Growth Initiative, including the creation of the City's Desired Development Zone and the Drinking Water Protection Zone • Led the largest populated annexation in the City's history, impacting 8 Municipal Utility Districts and 5 Emergency Services Districts Created the City's first Drainage Master Plan i Negotiated to bring primary employers into the City's Desired Development Zone, such as Tivoli, Computer Sciences Corporation, Dell Manufacturing, and Motorola > Began the City's Neighborhood Planning Process > Purchased our City's first 20,000 acres of water quality protection land • Negotiated a 100 -year supply of municipal drinking water Assistant to the City Manager, City Manager's Office Austin, Texas Served as the City Manager's Chief of Staff with management responsibility for: i Electric Utility > Brackenridge Hospital • Human Resources Department 3 1991 - 1993 Parks and Recreation Department Neighborhood Housing Law and Intergovernmental Relations ✓ Public Information Accomplishments i Automated the City Council agenda process Y Created an automated workflow system for handling citizen follow up in the Constituent Services Division r Developed the City Manager's Affordability -Strategy that increased supervisory spans of control and provided for citywide activity -level efficiency and effectiveness audits ..- Managed a citywide compensation review Executive Assistant to the Deputy City Manager, City Manager's Office Austin, Texas Provided the full range of professional and administrative assistance to the Deputy City Manager in the daily management of the Health and Human Services Department, Brackenridge Hospital, Electric Utility Department, Water /Wastewater Department, Austin Police Department, Convention Center, Visitors Bureau, Human Resources Department, Information Systems Department, Law, and Finance Department. Accomplishments r ▪ Provided key research for and authorship of planning documents, Strategic Choices and Strategic Partnerships Audited joint Humane Society and City of Austin Animal Shelter operation resulting in major organizational and structural change, including a change in euthanasia methods 1989 - 1991 Senior Auditor, City Auditor's Office Austin, Texas Responsible for planning, conducting, and supervising citywide and departmental audits, to include performance, compliance, and financial audits Accomplishments • Designed and implemented citywide cash -handling policy and safety training Conducted citywide training on performance measurement systems and internal control procedures "r Developed fraud investigation protocols and policies 1976 - 1989 Health and Human Services Department Austin, Texas Held a variety of progressively responsible positions on both City and State payrolls within the Health and Human Services Department. Positions included: • Manager of Administrative Services, Environmental Health Services Division Senior Budget Analyst, Budget and Research Unit 4 i Quality Assurance Analyst, Quality Assurance Unit Acting Manager of Accounting Services, Financial Management Unit > Administrative Technician, State Tuberculosis Control Program Professional Acknowledgment and Awards • 2009 Central Texas YMCA Woman of the Year Nominee $ 2008 Student Choice for Most Valuable Graduate Course & Instructor at LBJ School of Public Policy • 2008 U S Army Public Service Medal ✓ 2008 Austin Independent School District Hall of Fame 2008 Secretary of Defense Employer Support Freedom Award • 2007 Local Government Administrator of the Year from the Texas City Manager's Association y 2007 Hospitality Industry Achievement Award from the Austin Hotel and Lodging Association i 2007 Austin Partners in Education Chairman's Award from the Greater Austin Chamber of Commerce • 2007 Workforce Champion Employees' Choice Award selected by City of Austin Employees lr 2007 Commander's Certificate from both the 1st Calvary and 4th Infantry Divisions for Military Support (received each year since 2004) i 2006 YWCA Woman of the Year for challenging racism and empowering women > 2006 Government Partner of the Year from Greater Austin Hispanic Chamber of Commerce for support to Hispanic businesses i 2006 Guardian Award by the Central Texas Humane Society y 2006 Chairman's Award from the Austin Area Urban League for support to the African American Community • 2005 Distinguished Service Award from the Chinese Society of Austin > 2005 BIG Austin (Business, Investment, and Growth) Board of Directors' Award for support to small and minority businesses i► 2005 Chairman's Award for promoting education as the foundation to economic progress from the Greater Austin Chamber of Commerce i 2005 Austin Travis County Emergency Medical Service Provider Award for support of the emergency medical services in the Austin area Professional and Community Affiliations • Saint Edwards University, New College Board of Directors • Fellows Program, University of Texas School of Law, Center for Public Policy Dispute Resolution Z International City/County Management Association • Texas City/County Management Association > Urban Land Institute ✓ American Planning Association . 5 May 1991 Academic Distinction May 1988 3.9 GPA Education Southwest Texas State University San Marcos, Texas Master of Business Administration St. Edward's University Austin, Texas Bachelor of Liberal Studies, with a Business Management Curriculum Earned 100 percent of graduate and undergraduate school expenses Professional Training: i% 320 Continuing Professional Education hours from the USDA Graduate School in Governmental Auditing 60 hours in Certified Fraud Examination 140 hours in Certified Mediation and Negotiation Training at the University of Texas Law School Summary of Qualifications i Thirty-one years of public service in local government, promoting through the ranks from an entry level position to City Manager of the le largest city in the nation i Fifteen years of progressively responsible executive experience in providing the basic services of a municipality, including public safety, public works, parks, libraries, economic development, land use and development, intergovernmental relations, and environmental protection i Thirteen years of experience in the public health and social service arena Y Twelve years of utility, development, land use & urban planning experience, including capital investment project management i Eight years of expertise in labor negotiations and collective bargaining Y Six years of graduate -level teaching experience at the LBJ School of Public Affairs at the University of Texas at Austin i Strategic planning expertise in a large, complex organization ✓ Experienced in performance, compliance, and financial auditing, as well as fraud, waste and abuse investigations i Proficient in finance, budgeting, program evaluation, and statistical analysis > Adept at the development and implementation of internal control and performance measurement systems » Certified in mediation and negotiation techniques i Effective communicator, both written and oral, with extensive national public speaking experience such as Governing Magazine's annual conferences, the International City/County Management Association conferences & Government Innovations Expos 6 CITY OF CORPUS CHRISTI Submit Date: Jun 10, 2019 Application for a City Board, Commission, Committee or Corporation Profile Eugene Hernandez First Name Last Name Email Address 3106 Sylvan Crest Street Address Corpus Christi City What district do you live in? * TX State 78415 Postal Code 17 District 3 Current resident of the city? r Yes r No If yes, how many years? 49 Home: (361) 688-9893 Primary Phone Mobile: (361) 688-9893 Alternate Phone Natari Group Compliance Administrator/Agent Employer Job Title Work Address - Street Address and Suite Number 3106 Sylvan Crest Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 Eunene Hernandez Pane 1 of 5 Work Phone 3616889893 Work E-mail address natarigrp@gmail.com Preferred Mailing Address l Home/Primary Address Which Boards would you like to apply for? CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Are you a registered voter? • Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Why are you interested in serving on a City board, commission or committee? I want to become actively involved in the community and felt this committee would be a good start to a long time commitment of service. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes No Demographics Gender 17 Male 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 Eugene Hernandez Pane 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? r Yes No Does your employer or your spouse's employer have a City contract? rYes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? rYes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Euciene Hernandez Pane 3 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Eunene Hernandez Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. (J I Agree Eunene Hernandez Pane 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jun 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Prefix Email Address Chad First Name 641 Texas Avenue Magill Last Name Street Address Corpus Christi City What district do you live in? * TX State 78404 Postal Code 17 District 2 Current resident of the city? 6 Yes r No If yes, how many years? 14+ Mobile: (361) 533-9520 Business: (361) 985-6336 Primary Phone Alternate Phone Work Address - Street Address and Suite Number Work Address - City Corpus Christi Work Address - State TX Work E-mail address chad.magill@stewart.com Preferred Mailing Address 17 Home/Primary Address Mr. Chad Manill Pane 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Archived CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Archived CORPUS CHRISTI B CORPORATION: Archived CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1 -Pager I put together for you, in PDF format. Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender 17 Male 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 Mr. Chad Manill Pane 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? ✓ Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? ✓ Yes r No Mr. Chad Manill Pane 3 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Mr. Chad Magill Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I1 I Agree Mr. Chad ManilI Pane 5 of 5 Chad Magill Council members, Thank You for taking time to read our applications. I put this 1 -pager together for you to respect your time: Current Community Commitments: (I have the time available to serve 100%) Corpus Christi Regional Economic Development Corporation (City Appointee) - *** (Willing to resign if appointed by you to serve on Type A/B Boards) Big Brothers Big Sisters of South Texas, current Board of Directors, Chairman 2011-2012 Recent Community Commitments: Corpus Christi City Council: 2012-2014 District 2, At Large 2014-2016 Corpus Christi City Council Audit Committee, 2012-2016, & Chairman 2016 Corpus Christi Hispanic Chamber of Commerce, Board of Directors, Treasurer 2008, & the very First Elected Anglo Chairman 2009, then unanimously re-elected in 2010. Texas Association of Mexican American Chambers of Commerce (TAMACC): Executive Board of Directors, First elected Anglo Executive Member in 35 year organization history Westside Business Association, Board of Directors, Finance/Member Committee Chairman Goodwill Industries of South Texas, current Board of Directors, Committees Chairman 2010-2015 Corpus Christi Housing Finance Corporation, President of the Board of Directors Corpus Christi Industrial Development Corporation, Board of Directors Coastal Bend Health Facilities Development Corporation, Board of Directors Coastal Bend Cultural Education Facilities Finance Corporation, Board of Directors North Padre Island Development Corporation, Board of Directors Corpus Christi Community Improvement Corporation, Board of Directors Reinvestment Zone No. 2 & 3 Boards, Board of Directors Corpus Christi International Airport Advisory Board, Board of Directors Habitat for Humanity - Event Co -Chairman Major Fundraiser for 2014 with Larry Gatlin Beautify Corpus Christi - Board of Directors Leadership Corpus Christi - Class 34 City of Corpus Christi Citizen's University - Class 1 And many more... just ask. And lastly I am very proud to have been named by the Corpus Christi Caller Times Reader's Choice: • Best of the Best Reader's Choice: Community Advocate of the Year 2015 • Best of the Best Reader's Choice: Community Advocate of the Year 2016 • Best of the Best Reader's Choice: Community Advocate of the Year 2017 I hope to have earned your support. Respectfully submitted, Chad Magill CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jun 11, 2019 Profile Mr Prefix Oscar First Name Martinez Last Name Email Address 6009 Woodmere Street Address Corpus Christi City What district do you live in? * TX 78414 State Postal Code 17 District 5 Current resident of the city? Yes r No If yes, how many years? 45 Mobile: (361) 537-0180 Business: (361) 242-4440 Primary Phone Alternate Phone ARG HoldingsChief Operating Officer Employer Job Title Work Address - Street Address and Suite Number 9510 Leopard Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78410 Mr Oscar Martinez Pane 1 of 5 Work Phone (361) 242-4440 Work E-mail address oscar@argholdings.com Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CHARTER REVIEW AD HOC COMMITTEE: Submitted Interests & Experiences Are you a registered voter? • Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) MBA Why are you interested in serving on a City board, commission or committee? To serve the community in any way possible. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c' Yes r No Demographics Mr Oscar Martinez Pane 2 of 5 Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? rYes 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? C Yes (:• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My souse has no pending claim, lawsuit or proceeding against the City. Board -specific questions (if applicable) Mr Oscar Martinez Pane 3 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. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Mr Oscar Martinez Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Mr Oscar Martinez Pane 5 of 5 RESUME OF OSCAR R. MARTINEZ Home: 6009 WOODMERE CORPUS CHRISTI, TEXAS 78414 (361)537-0180 (Mobile) (361)334-5968 (Home) PROFESSIONAL WORK EXPERIENCE DCRE, Inc. 2013 — Present Owner Services all forms of businesses including, but not limited to business development and planning, policy/procedure development, financial management, marketing, client presentations, client relations management, data management, project management and staff support and management. Additional direct consulting services delivered by DCRE, Inc. to municipal clients includes government to government contract mediation, City Council team building and facilitation, development of financial plans for economic development incentive programs, utility (water/waste-water) rate model development and proposal of rate recommendations for adoption and implementation by municipalities. ARG Holdings Company 2015 — Present Chief operating Officer Responsible for all operating, administrative, and financial functions of holding company with investments in industrial engineering, construction, land development, hotels, health clinics and financial investments with a combined staff of approximately 175 employees. Reports directly to the President/CEO and recommends development of policies and procedures to ensure subsidiary company performance. Also, develops metrics to evaluate subsidiary company performance and proposes funding levels to maximize holding company profits. Advises staff on marketing plans and proposes business development strategies as necessary to enhance market penetration and market share. 1'Page UA Engineering 2015 Manager of the Coastal Bend Region Managed a local office for UA Engineering specializing in engineering design and projects in land development, civil/structural, rail and industrial markets. Responsibilities included supervision and management of administrative, survey, design, and engineering staff as well as business development and implementing directives issued by the home office. LNV Engineering 2014 Vice President Responsible for business development and internal strategic planning and attainment of company goals. Also, serviced public and private sector clients on special projects as necessary such as utility rate recommendations and development of a sustainable utility rate model, strategic planning sessions for client leadership teams, and special projects requiring public sector experience and knowledge. City of Corpus Christi 2004 — 2013 ASSISTANT CITY MANAGER ADMINISTRATIVE SERVICES; PUBLIC SAFETY and NEIGHBORHOOD SERVICES; and PUBLIC WORKS/UTILITIES/TRANSPORTATION Responsible for management of staff and achievement of performance for the following departments for a city of approximately 300,000 citizens: Finance, Office of Management and Budget, Human Resources, Municipal Information Services, Maintenance and Fleet Services, Risk Management, Economic Development, Convention and Visitors Services, Water, Gas, Waste Water, Strom Water, Solid Waste, Engineering, Solid Waste, Planning, Environmental Services, Capital Projects, Police, Fire, Neighborhood Services, Community Development, Health, Parks and Recreation, Libraries and Marina Services. Also, served as Assistant Budget Director and Budget Analyst for the City of Corpus Christi from 1980 to 1987. PRESIDENT/CHIEF EXECUTIVE OFFICER WORKFORCE DEVELOPMENT BOARD OF THE COASTAL BEND 2002-2004 Responsible for all services provided by the Coastal Bend Workforce Development Board in the twelve county Coastal Bend Region. The board served as one of approximately 30 workforce development boards in Texas created to deliver services in accordance with laws, regulations and policies administered by the Texas Workforce Commission. Reported directly to a board of directors to insure all performance standards and contractual obligations were achieved. 2'Page PRESIDENT/CHIEF EXECUTIVE OFFICER WORKFORCE NETWORK, INCORPORATED 1998-2002 Overall management and responsibility for workforce development programs delivered a private corporation (i.e. Workforce Network, Inc.) through service contracts with Workforce Development Boards sanctioned and approved by the State of Texas. Responsibilities included successful attainment of contracted performance standards with a total operating budget of $30 million, over 500 corporate staff in a fourteen -county area. DIRECTOR OF SPECIAL PROJECTS Nueces County 1997-1998 Provided management services and support to various County departments and was responsible for special projects assigned by the Nueces County Judge. • Assisted with preparation and approval of Capital Improvement Program, including project prioritization and financial analysis. • Represented the County of a Regional Water Supply Task Force • Oversaw economic development initiatives • Delivered formal presentations and recommendations to Commissioners Court • Provided direct input into operating budget recommendations DIRECTOR OF SMALL BUSINESS DEVELOPMENT Greater Corpus Christi Business Alliance 1996-1997 Managed all aspects of the Small Business Department • Supervised staff and allocated financial resources to insure business development services were delivered to existing and start-up businesses • Developed and improved service delivery system which included supporting existing and start- up business through consulting, business planning, loan packaging, procurement assistance, market analysis and training. • Responsible for insuring Small Business Development Department exceeded performance goals including $3.3 million in small business loan acquisition, assisting small business in acquiring $8 million in contract procurement and facilitating over 100 business training sessions. VICE PRESIDENT Workforce Development Corporation 1990-1996 Responsible for management and performance of workforce development services provided by the Workforce Development Corporation under the direction of the President/CEO • Developed and managed the organization's budget • Directly supervised a team of upper management staff responsible for planning, contracting, client services, fiscal management, administration, and human resources 31 Page • Responsible for insuring the organization met or exceeded state and federal mandated performance standards • Supervised the selection and management of subcontractors • Worked with local businesses, business associations, labor organizations, educational institutions to create and maintain a productive and well-trained workforce EDUCATION St. Mary's University, San Antonio, Texas Master of Public Administration — December 1979 Texas A&I University, Kingsville, Texas Bachelor of Political Science/Business Administration — May 1977 41 Page CITY OF CORPUS CHRISTI Submit Date: Oct 09, 2015 Application for a City Board, Commission, Committee or Corporation Profile Richard (Rick) First Name Email Address 4412 High Ridge Dr Middle Initial Milby Last Name Street Address Corpus Christi City What district do you live in? * TX State 78410 Postal Code 17 District 1 Current resident of the city? : Yes r No If yes, how many years? 34 Home: (361) 248-4011 Primary Phone Abundant Life Fellowship Employer Work Address - Street Address Alternate Phone Lead Pastor /Elder Job Title and Suite Number 9550 Leopard St Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78410 Richard (Rick) F Milhv Pane 1 of 5 Work Phone 361-241-4460 Work E-mail address rmilby@stx.rr.com Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Appointed CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at present Education, Professional and/or Community Activity (Present) 4 years Ministerial Studies, Church of the Nazarene Lead Corpus Christi Patriots Tea Party Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Richard (Rick) F Milhv Pane 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Richard (Rick) F Milhv Pane 3 of 5 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 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. l I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Richard (Rick) F Milhv Pane 4 of 5 Richard (Rick) F Milhv Pane 5 of 5 Richard E Milby 4412 High Ridge Dr Corpus Christi, Tx. 78410 OBJECTIVE: Position on Ethics Commission HIGHEST DEGREE OF EDUCATION: Church of the Nazarene Theological Seminary: Four years Ministerial Studies; Theology, Pastoral Care, Administration, Counseling, Finance WORK EXPERIENCE: Lewis Metal Equipment Company, Louisville, KY Design draftsman, 1969 — 1974 Founded Southern Construction & Companies, Louisville, KY Restoration for Insurance Companies 1974-1979 First Church of the Nazarene, Harlingen, TX Education and Youth 1979-1981 Abundant Life Fellowship Church, Corpus Christi, TX Lead Pastor/Elder 1981- present Investor — Corpus Christi, TX Real Estate management — 1993- present PERSONAL INFORMATION: Married 46 yrs, widowed 03/22/2015 Three daughters, eight grandchildren INTEREST: Erecting largest Cross in Western Hemisphere in Corpus Christi Classic Car Collecting Motorcycling Breeding Kio Fish Guitar History ADDITIONAL: I would like to serve on the Ethics Commission to help make Corpus Christi the most Ethical City in America, so the people would have confidence in our government, as a city of integrity which is above reproach. CITY OF CORPUS CHRISTI Submit Date: Jun 13, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mr. Philip Prefix First Name 01411 Email Address J Middle Initial Ramirez Last Name 322 Santa Monica Place Street Address Corpus Christi City What district do you live in? * l7 District 4 Current resident of the city? TX 78411 State Postal Code r Yes r No If yes, how many years? 16 Mobile: (361) 877-9238 Business: (361) 994-8901 Primary Phone Alternate Phone Turner Ramirez Architects President Employer Job Title Work Address - Street Address and Suite Number 3751 South Alameda Street Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 Mr. Philin .1 Ramirez Pane 1 of 5 Work Phone 361-994-8901 Work E-mail address prarc@aol.com Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted CHARTER REVIEW AD HOC COMMITTEE: Submitted Interests & Experiences Are you a registered voter? c' Yes r No 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) Board Chairman - Corpus Christi Regional Economic Development Corporation Board Chairman - United Corpus Christi Chamber of Commerce Governing Board Member - Driscoll Children's Hospital Trustee - Art Museum of South Texas Advisory Board Member - TAMUCC Business Innovation Center If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Charter Review - Ad Hoc Committee Port of Corpus Christi Authority Why are you interested in serving on a City board, commission or committee? To further the quality of place and prosperity of the Citizens of the City of Corpus Christi and the region. As a native of the Coastal Bend, I strive everyday to do my part in making the City a better place to work and live. I chose to raise a family, own a business and live in this wonderful City and feel it is my duty to serve in whatever capacity through which I feel I can affect change for the greater good of the Citizens of Corpus Christi. For this is a City that I love dearly. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes No Mr. Philin .1 Ramirez Pane 2 of 5 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? rYes 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. Turner Ramirez Architects is still in the process of completing two projects under the Bond 2014 program - West Guth Park and the Solid Waste & Streets Building Re -roofing Projects Board -specific questions (if applicable) Mr. Philin .1 Ramirez Pane 3 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? Cr Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? rYesr No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree Mr. Philin .1 Ramirez Pane 4 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. I;7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Irl I Agree Mr. Philia .1 Ramirez Pane 5 of 5 Philip John Ramirez, AIA, RID, LEED AP Principal / President Turner I Ramirez Architects Mr. Ramirez is a Principal and Corporate President for Turner I Ramirez Architects. Established in 1958 Turner I Ramirez is a full-service design firm located in Corpus Christi, Texas. A native of the Coastal Bend, Mr. Ramirez began working for the firm as a Computer Aided Drafter while attending Gregory -Portland High School. After graduating from high school, he continued to work for the firm during the summer's in-between college semesters at the University of Texas at Austin. Upon earning his degree, he returned home to work full time with the firm to complete his internship and licensure as a registered architect in the State of Texas. Mr. Ramirez became a partner in the firm in 2008 and purchased the entire company from its founder the late Jack Rice Turner, AIA in 2015. Mr. Ramirez currently oversees the day to day operations of the company and serves on multiple community boards and organizations. It is with Mr. Ramirez strong commitment to his family, work & community that he looks forward to his own growth and future success of his firm and the Coastal Bend region. Years of Experience: 22 Years Registration: Architect: Texas #20914, 2008 Interior Designer: Texas #12359, 2018 LEED Accredited Professional, 2006 Education: University of Texas at Austin Bachelor of Architecture, 2003 Corpus Christi Chapter AIA Offices held: President, Vice President, Treasurer and Secretary Honors and Affiliations: Corpus Christi Regional Economic Development Corporation - Board Chairman United Corpus Christi Chamber of Commerce - Board Chairman Driscoll Children's Hospital - Governing Board Member Texas A&M CC Business Innovation Center Advisory Committee - Committee Member Kleberg Bank Corpus Christi Market Advisory Board - Member Art Museum of South Texas Board of Trustees - Trustee City of Corpus Christi Planning Commission - Past Chair Corpus Christi Hispanic Chamber of Commerce, Past Chair -Elect, Board Member Emeritus Corpus Christi Mayor's Advisory Committee for Community Pride Committee - Past Chair Corpus Christi Under 40 Recipient CHCC Mano a Mano Scholarship Program - Past Co -Chair Texas Society of Architects Government Affairs Sub -Committee, Past Committee Member City of Corpus Christi Downtown Management District Building Facade Improvement — Past Sub -Committee Member Corpus Christi Bold Future - Past Advisory Committee Member & Ambassador Corpus Christi Downtown Redevelopment Committee - Past Design/Infrastructure Committee Co -Chair 2003 Seaholm Power Plant Adaptive Re -use Design Competition Winner, Design Team - University of Texas at Austin 1998 VICA (Now Skills USA) State Champion, Architectural Drafting "Best in Show" CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jun 10, 2019 Profile Mrs Shirley Prefix Email Address First Name 1917 Woodcrest Dr. R Thornton Middle Initial Last Name Street Address Corpus Christi City What district do you live in? * TX State 78418 Postal Code 17 District 4 Current resident of the city? Yes r No If yes, how many years? 50 Home: (361) 537-3460 Primary Phone Home: (361) 937-1363 Alternate Phone RETIRED from Flour Bluff ISD Teacher of English Employer Job Title Work Address - Street Address and Suite Number 2505 Waldron Road Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78418 Mrs Shirley R Thornton Pane 1 of 5 Work Phone 361-694-9000 Work E-mail address shirley.thornton3@sbcglobal.net Preferred Mailing Address I7 Home/Primary Address Which Boards would you like to apply for? CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Are you a registered voter? Yes r No 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) BA in English, Communications, and Education; currently serving as President of Flour Bluff ISD School Board; currently serving as President of Flour Bluff Citizens Council; currently a member of Flour Bluff Business Association; currently an active member of Grace Community Church If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Charter Review Ad Hoc Committee Why are you interested in serving on a City board, commission or committee? As a citizen of Corpus Christi, I not only see this opportunity to serve on the Charter Review Committee as a privilege and honor, I also see it as an opportunity to help make our city even better than it already is. It is the responsibility of every citizen to do what can be done to achieve this end. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Mrs Shirley R Thornton Pane 2 of S No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? ✓ Yes r No Demographics Gender 17 Female 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 0 No Does your employer or your spouse's employer have a City contract? rYes 0 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? 0 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 work as an independent consultant who provides proofreading, editing, and writing services for the Texas Shoreline News, a free, print that often uses media releases from the city in most editions. I do not own the paper, nor do I have anything to do with advertisements used in the paper. I have been hired to proofread, edit, and write only. I do not see that this would be a conflict of interest but thought I should provide this information. Mrs Shirley R Thornton Pane 3 of 5 Board -specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree Mrs Shirley R Thornton Pane 4 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Mrs Shirley R Thornton Pane 5 of 5 Shirley R. Thornton 1917 Woodcrest Drive, Corpus Christi, Texas 78418 Phone: 361-937-1363 / 361-537-3460 Email: INTRODUCTION I am a retired teacher who has worked as a consultant to assist and make schools, teachers, and students successful. I am a veteran teacher of 28 years and have experience in ESL, G/T, academic teaming, teacher and student mentoring, UIL coaching, curriculum writing, cross -curricular studies, development and implementation of TAKS benchmark tests, technical and creative writing, and community - school relations. I possess strong leadership skills, excellent communication skills, including computer and Internet skills, a strong work ethic, and a desire to positively affect the lives of teachers and students. I currently work part time for an independent, local newspaper as a proofreader, editor, and writer. BACKGROUND AND STRENGTHS I am a goal -oriented, high-energy, hands-on professional, with a successful record of accomplishments in the field of education, especially in the areas of language arts and motivation of teachers and students. During my career of teaching middle school students at Flour Bluff ISD, I served in the following capacity: department chairperson for twenty years; instructor for gifted and talented students for twenty-seven years; ESL specialist for six years; literary magazine producer and editor for twenty years; UIL Writing coach; site-based decision making representative and chairperson; discipline committee member; curriculum writer; academic teaming participant and coordinator; creative writing instructor; PTA liaison; pre -service teacher mentor; cooperating teacher for student teachers; former member of the P-16 Council of the Coastal Bend, an organization that works to ensure that all students graduate college or career ready, and that Coastal Bend families, organizations, and businesses collaborate on and promote educational success, resulting in a thriving economy. Since my retirement from teaching, I have used my communications and writing skills to work independently as a writer, proofreader, editor, and copy editor. PROFESSIONAL ACCOMPLISHMENTS • Developed and implemented a literature -based curriculum that not only resulted in TAKS scores of 89 in 2003, 91 in 2004, 92 in 2005, 92 in 2006, 94 in 2007, 94 in 2008, with a Gold Performance Acknowledgment being awarded in 2005, 2006, 2007, and 2008, but also offered students opportunities to read critically, write persuasively, and speak authoritatively on the theme "What Is Man?" • Led UIL Ready Writing teams and Editorial Writing teams to district championships. • Developed and implemented a benchmark plan to track student growth in language arts. • Created cooperative learning groups to allow students to experience a workplace setting while serving as department leaders, record keepers, attendance clerks, substitute aides, and production monitors all the while taking full responsibility for their own behavior, creativity, and willingness to work in the group. • Implemented a portfolio system in 1989 to track student growth in writing. • Implemented "team court" as part of the academic team discipline policy where students took responsibility for their own actions by serving as jurors on peer courts that reviewed and punished fellow students who committed minor infractions but also rewarded students who displayed appropriate behavior. • Developed and implemented differentiated curriculum for gifted and talented students. • Developed and implemented course outline and curriculum for an English academy class that concentrated on creative communications, such as newspaper writing, Internet magazine writing, literary and art magazine production highlighting student artists and authors, interviewing of local community servants (i.e. school board members, school administrators, community volunteers), serving as a "think tank" for changes in their school environment and/or policies, critiquing art, literature, and films, and producing creative works of their own choosing (i.e. poetry, short stories, novels, screenplays, song lyrics). • Directed students in fundraising efforts that led to the creation of an outdoor classroom and the beginning construction of a full-sized track. • Instrumental in initiating the "Do the Write Thing" US Justice Department project against youth violence on the Flour Bluff Junior High campus. • Led multiple in -services on teaching writing, writing across the curriculum, and motivating students to excel. • Created and implemented after-school tutorials for LEP students to learn conversational English. • Served as the keynote speaker at the Flour Bluff Foundation for Educational Excellence, at four separate pre -service teacher pinning ceremonies at Texas A&M Corpus Christi, and at Odem- Edroy ISD and Montclair Elementary faculty/staff breakfasts. • Served as department chairperson for twenty years, which included such duties as mentoring new teachers, developing curriculum, analyzing test data and creating plans for improvement, monitoring teachers, acting as liaison between the department and administration, and serving on various committees (i.e. dress code, discipline, campus improvement, testing, textbook adoption). • Mentored student teachers for 27 years and pre -service teachers for six years. • Developed a mentoring program and after-school program for at -risk students as part of a church -school partnership. • Three educational articles published on EzineArticles.com. • Served as a new teacher mentor on a consultant basis for Flour Bluff ISD throughout the 2010- 2012. • Served as an ELA TAKS tutor for at -risk middle school students at Flour Bluff ISD. • Provided in-service training on reaching at -risk youth in summer school. • Served as guest speaker at a Texas A & M Corpus Christi creative writing camp for at -risk middle school youth. • Planned, filmed, and edited a documentary film for St. John's UMC. • Have worked on multiple independent films as the screenwriter, videographer, and editor. EDUCATION • Associate of Arts, English / Speech, Del Mar College, Corpus Christi, TX 1978 • Bachelor of Arts, English / Speech, Corpus Christi State University, Corpus Christi, TX 1980 • English as a Second Language Endorsement 2003 • Graduate studies in gifted and talented education, diagnosis and correction of reading problems, problems in developmental reading, special education, Texas Teacher Appraisal System, Pre -AP English 1988 + AWARDS • Flour Bluff ISD Junior High Teacher of the Year 1989-90 • Flour Bluff ISD Junior High Teacher of the Year 1995-96 • Flour Bluff ISD District Teacher of the Year 1995-96 • Region II ESC Secondary Teacher of the Year 1996 CIVIC GROUPS • I helped create the Flour Bluff Citizens Council, a grassroots civics group that focuses on the betterment of the Flour Bluff community. I have served as president since the organization's first board elections in November 2016. • I have served on the Flour Bluff ISD school board since May 2011 and was re-elected in November 2014 and 2018; I have served as secretary, vice-president, and now president. • I served on the Flour Bluff Business Association Board for 3 years, serving 2 years as secretary, and helping plan and facilitate the annual events, Community Christmas (provides gifts and activities for impoverished children) and Flour Fest (brings community together for a fall festival that gives business owners an opportunity to give back while showcasing their businesses). • I served on various committees at St. John's UMC and ran Vacation Bible School for 3 years. • I am an active member at Grace Community Church. • Over the years, I have served as a community spokesperson at all levels of government. PERSONAL PHILOSOPHY There is no greater calling than that of a teacher. It is an honorable profession and one that must be seen for what it is, an art. Teachers have the power to save a child, to create a better society, and to change the world both present and future. It is my personal goal to help teachers assist their students in identifying and pursuing their dreams. Working as a consultant is one way that I can continue to make a difference in the lives of school children everywhere by reminding teachers that their jobs are well worth doing and worth doing well. REFERENCES References Upon Request CLIENT LIST Shirley Thornton has provided training, consultation, motivational speaking, and mentoring for the following schools, school districts, universities, and non-profit organizations: • Flour Bluff ISD, Corpus Christi, Texas • Texas A & M Corpus Christi, Education Department, Corpus Christi, Texas • Odem-Edroy ISD, Odem, Texas • Montclair Elementary (CCISD) • St. John's UMC, Corpus Christi, Texas • Coastal Bend P-16 Council, Corpus Christi, Texas CITY OF CORPUS CHRISTI Submit Date: Jun 07, 2019 Application for a City Board, Commission, Committee or Corporation Profile Bob White First Name Last Name Email Address 4502 Congressional Dr. Street Address Corpus Christi City What district do you live in? * TX 78413 State Postal Code 17 District 3 Current resident of the city? Yes r No If yes, how many years? 60 Home: (361) 947-6259 Primary Phone Home: (361) 356-6244 Alternate Phone Work Address - Street Address and Suite Number 4502 Congressional Drive Work E-mail address Which Boards would you like to apply for? CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Are you a registered voter? Yes r No Bob White Pane 1 of 4 Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired after 33 years as General Manager, KIII-TV, Corpus Christi. University of Texas grad. Past President, Texas Assn. of Broadcasters. Elected as Pioneer Broadcaster of the Year by TAB, 2017. Have served on several City boards: Chair, Cable Communications Comm., Board Member, Building Standards Board, Chair, Charter Review Ad Hoc Committee 2008-2009. Why are you interested in serving on a City board, commission or committee? I am very interested in how our city operates. Having served before on a Charter Review Committee, we got term limits to ballot and approved. We also did an extensive study on compensation for Mayor and City Council. I see now that term lengths and compensation are up for discussion and I believe I have collected information over time which should prove very valuable to these discussion. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? rYes c' No Demographics Gender 1'J Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c' No Does your employer or your spouse's employer have a City contract? ✓ Yes c' No Rob White Pane 2 of 4 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. Did not answer yes on any question Board -specific questions (if applicable) Bah White Pane 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree BM White Pane 4 of 4 Bob White Born in 1937, Bob White attended high school in Lockhart before attending the University of Texas for three years majoring in radio-tv-journalism. He also attended Port Arthur College to study radio engineering and secure his FCC Radio -Telephone First Class License. He got his start in broadcasting in 1958 at WTAW-AM Bryan -College Station. From on -air, to news and engineering — White did it all. He left the station in 1960 to join legendary broadcaster Gordon McClendon at KILT Houston. After only one year, White was promoted to program director, in addition to his daily on -air shift. Under his leadership, KILT became one of the most innovative and successful broadcast stations in the early days of Top 40 Radio. After seven years in Houston, White moved to the Metroplex to change the old KCUL (a 50,000 watt daytime religious station) into what would become the first modern country radio station in Texas — KBUY-AM Fort Worth. The station enjoyed great ratings and revenue success but White desired a new challenge and made the switch to Television. He joined the staff of KIII-TV Corpus Christi in 1969, and was quickly promoted to local sales/operations manager and then general manager. The station was owned by Michael McKinnon, 1971 Chairman of the TAB Board of Directors. Working together, they built KIII-TV into the number one news station in South Texas and one of the top ABC affiliates in the nation. White helped put the "Domingo Pena Show" on the air. Still airing every Sunday on KIII-TV. The show is one of the most popular TV programs in South Texas and greatly increased KIII-TV's presence among the large Hispanic community in Corpus Christi. The program, renamed Domingo Live, following Domingo Pena's death, is the longest running weekly Hispanic music/talk show in the U.S. Pena's show featured performances by a variety of Tejano musicians and served as a high-profile forum in which Pena and his guests discussed issues of concern to the Hispanic community. Along with the many musicians who appeared on his program, the show brought in representatives from community groups (such as LULAC and the American GI Forum), as well national leaders like President Lyndon Johnson and Vice President Hubert Humphrey. In 1977, White received the Southern Baptist Radio and Television Commission's Abe Lincoln Award, presented annually to a broadcaster who has made significant contributions to the quality of life in America both as private citizens and professionals. White competed with 300 other television managers from throughout the United States. McKinnon's company purchased KBMT-TV Beaumont in 1978 and White was responsible for overseeing both stations. During that time, White spent more than five years on the TAB Board of Directors and his fellow broadcasters elected him to serve as TAB Chairman in 1980. He would stay with McKinnon Broadcasting until 1986 when he and others secured a construction permit to build a new, full -power UHF television station in the Bryan -College Station market. Unfortunately, the financing fell through and he returned to Corpus Christi — this time as the station manager for KRIS -TV, the market's NBC affiliate. Working with Pioneer Broadcaster T. Frank Smith, Jr., White managed the day-to-day operations of the station and handled national sales for two low-power stations Smith purchased — KAJA (Telemundo) and KDF (Fox). He stayed with the stations for 10 years, before moving back to KIII-TV where he served as the vice president/general manager. His major challenge was to rebuild and revitalize the sales, news and promotion departments. He also led the efforts to move the entire station from their 11,000 square foot studio to an 88,000 square foot building down the road. The move lead to more station changes and White had to restructure almost every department at the station — from traffic and production to engineering and promotions. White retired from the station in 2002 but continues to occasionally consult for local stations and help train local and national sales teams. "I have known and worked with Bob for 25 years and have always found him dependable, efficient and unfailingly punctual. In fact, I have never worked with a person who gives as much attention to detail as he does," said Anita Saenz-Carvalho, SVP-Entravision Corpus Christi. "His skills do not end with office work. He also projects a warm, cheerful attitude to our clients. I have seen him resolve conflicts and handle other difficult situations with remarkable patience and admirable tact. "In the community, Bob goes out of his way to help people in need by organizing charity drives. His Grandson's 6 man football team had no place to play so Bob undertook the task of building a full size football field for Annapolis Christian Academy. "He loves people, works hard, and always tries to lift the spirits of those around him, especially the newcomers to our business." CITY OF CORPUS CHRISTI Submit Date: May 17, 2019 Application for a City Board, Commission, Committee or Corporation Profile John First Name 4111111SIMONIONsim Email Address 121 Del Mar Blvd F Wilson Middle Initial Last Name Street Address Corpus Christi City What district do you live in? * TX 78404 State Postal Cbde l District 2 Current resident of the city? Yes r No If yes, how many years? 2 Mobile: (206) 850-5689 Business: (361) 452-3453 Primary Phone Alternate Phone HMG Mortgage Regional Sales Manager Employer Job Title Work Address - Street Address and Suite Number 418 Peoples St, Ste 100 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 John F Wilson Pane 1 of 5 Work Phone 361.452.3453 Work E-mail address john.wilson@hmgmortgage.com Preferred Mailing Address l Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CHARTER REVIEW AD HOC COMMITTEE: Appointed Interests & Experiences Are you a registered voter? c' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA in Finance / Economics - The University of Texas at Austin 38 years of Accounting & Executive Finance experience with multiple Fortune 500 companies If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? I am interested in seeing Corpus Christi develop into a prosperous dynamic city that offers all of it's residents economic opportunities with a high quality of life. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics .7nhn F Wilson Pane 2of5 Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No 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. NA Board -specific questions (if applicable) John F Wilson Pane 3 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree John F Wilson Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree John F Wilson Pane 5 of 5 JOHN F. WILSON 121 Del Mar Blvd, Corpus Christi, TX 78404 • (206) 850-5689 • FINANCIAL EXECUTIVE • Provide strong leadership by leveraging 35+ years of finance experience • Build a strong internal control environment resulting in no accounting surprises • Big picture view combined with appreciation for detail • Provide reporting that is timely, concise, consistent and inclusive of all metrics and insights necessary to drive accountability, enabling the effective management of the organization by executive management ■ Ensure the development of timely and accurate financial forecasts and plans ■ Determine specific goals and establish a clear line of sight of required actions for team to achieve objectives • Add insight and value as an active and collaborative member of senior leadership team 2017 - Present WMG MORTGAGE (DIVISION OF AMCAP MORTGAGE) Regional Sales Manager 2013-2017 NATIONS RELIABLE LENDING Corpus Christi, TX Houston, TX Chief Financial Officer Serving on Executive Committee of independent mortgage banker tasked with managing all aspects of Finance, Human Resources Loan and Servicing through period of rapid growth. ■ Successfully revamped all internal control processes • Successfully implemented hedge accounting (FAS 133) and Fair Value Accounting processes ■ Developed branch profitability analysis and reporting to provide key insights into organizational effectiveness and strategy ■ Led implementation of new ERP platform (General Ledger, Financial Reporting, Planning & Forecasting) 2009-2012 SUNTRUST BANK Richmond, VA Senior Vice President — Financial Planning & Analysis Led a team of professionals responsible for preparing consolidated budgets, forecasts, analysis and reporting for Consumer Banking division of SunTrust Bank • Successfully administered monthly forecasts, annual plans, and annual long range 5 year strategic plans • Developed sub -segment profitability analysis and reporting to provide key insights into segment performance and strategic decisions • Designed and led implementation team for new Hyperion Essbase financial planning and forecasting platform ■ Developed system interfaces to facilitate automation of productivity and efficiency KPI metrics ■ Coordinated preparation of all mortgage related investor relations material for quarterly earnings releases and investor calls John F. Wilson 2002-2008 WASHINGTON MUTUAL Seattle, WA Senior Vice President - Wholesale Lending FP&A 2005-2008 Responsible for building a team of professionals tasked with preparing consolidated budgets, forecasts, and financial analysis for Prime and Subprime Wholesale Lending sales and fulfillment organizations • Successfully administered monthly forecasts, annual plans, and annual long range 5 year strategic plans • Eliminated reporting inconsistencies related to production volume statistics and productivity reporting • Developed incentive modeling capabilities to align sales and operations incentives with financial and production goals Washington Mutual - cont'd Senior Vice President — Home Loans FP&A 2002.2005 Led the creation of a Seattle based a team of professionals tasked with preparing consolidated budgets, forecasts, analysis and reporting for consolidated Mortgage Lending division of Washington Mutual • Installed Hyperion Essbase resulting in significant efficiencies and overall improved forecasting and reporting processes • Successfully administered monthly forecasts, annual plans, and annual long range 5 year strategic plans • Developed sub -segment profitability analysis and reporting to provide key insights into segment performance and strategic decisions • Led discussions with Corporate Treasury on internal FTP, risk based capital, deposit values on behalf of Mortgage Division 2001 -2002 GMAC MORTGAGE CORPORATION Horsham, PA Vice President - Financial Planning & Analysis Managing team responsible for budgeting, forecasting, and financial analysis for the residential mortgage division of General Motors • Installed Khalix Financial Planning Systems resulting in improved forecasting and reporting capabilities • Successfully administered monthly forecasts, annual plans and annual long range strategic plans • Enhanced reporting for multiple joint venture activities 1999-2001 JP MORGAN CHASE Edison, NJ Senior Vice President - Financial Accounting & Reporting Responsible for managing all financial accounting, GAAP, and SEC / regulatory reporting for the residential mortgage division of Chase Manhattan Corporation • Successfully converted multiple legacy general ledgers to corporate general ledger • Created MSR Management Committee resulting in successful proactive management of volatile multibillion dollar asset • Successfully led FAS 133 implementation team resulting in timely adoption of a complex accounting standard 1998-1999 GMAC MORTGAGE CORPORATION Horsham, PA Vice President - Corporate Controller Responsible for managing staff of 95 tasked with all accounting operations for residential mortgage division of General Motors. • Converted general ledger • Integrated accounting of Better Homes and Garden Real Estate acquisition and subsequent real estate acquisitions • Created accounting group to support new real estate joint ventures John F. Wilson • Identified the need for and created on-line based management reporting system for sales incentives • Successfully managed accounting policies, month end close process, yearend audit, and due diligence support • Successfully led due diligence and integration of DiTech.com acquisition 1995.1998 NORWEST MORTGAGE, INC. (Wells Fargo Home Loans) Des Moines, IA Director of FP&A - Information Technology Complete responsibility for financial planning and reporting in support of CIO and $120MM IT Department budget • Reorganized IT reporting hierarchy to align with functional roles allowing better transparency to both IT costs and allocations to business units • Revamped business unit allocations based upon identifiable cost drivers for direct costs, redefining and reducing shared costs pools • Established financial credibility with business lines Director of Business Line Reporting I Financial Analysis Responsible for managing a team of professionals responsible for providing business segment profitability analysis and reporting, as well as providing support to business units in understanding financial statements. Key accomplishments: • Formulated methodologies for allocation of secondary marketing activity and support department expenses to business lines within Norwest Mortgage • Provided major support in month end close process, including monthly earnings forecast and analytical review • Participated in selection and installation of Hyperion Systems as financial budgeting, reporting and analytical tool 1990 -1995 Assistant Controller MELLON MORTGAGE COMPANY Houston, TX 1994 -1995 Responsible for managing financial accounting operations for residential mortgage division of Mellon Bank ■ Loan Accounting ■ Account Reconciliations • Loan Servicing & Portfolio Management Industry Relations Manager I President - Mortgage Banking Industry Peer Group, Inc. 1991 -1994 Established an industry peer group comprised of leading mortgage banking firms for the purpose of identifying, defining and measuring key functional processes for the purpose of establishing industry specific benchmarking standards. Accounting Manager 1990 -1991 1987 -1990 MERCANTILE MORTGAGE CORPORATION Investor Accounting Manager Houston, TX 1987.1990 Managed a department responsible for processing borrower mortgage payments and investor remittances for a $300 M loan servicing operation. Redesigned all internal control processes and performed ARM loan audits. Managed all servicing portfolio sales and acquisitions • Redesigned all internal control processes • Performed audits on entire ARM loan portfolio John F. Wilson ■ Managed all servicing portfolio sales and acquisitions 1985 -1987 REALTY MORTGAGE CORPORATION Senior Accountant Houston, TX 1985-1987 Education BBA — Finance University of Texas Austin, TX AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 14, 2019 Second Reading Ordinance for the City Council Meeting of July 30, 2019 DATE: TO: May 14, 2019 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Annexation of 161.56 acres in the London Area CAPTION: Ordinance annexing for full purpose approximately 161.56 acres of land into the territorial limits of the City of Corpus Christ and extending the boundary limits of said city so as to include said hereinafter described property within said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulations of said city; and adopting a service plan. PURPOSE: The purpose of this item is to approve annexing the area for the proposed London Towne Subdivision and adopting the Municipal Service Plan. The proposed annexation in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development south of Oso Creek along the TxDOT Farm to Market 43 and County Road 33. BACKGROUND AND FINDINGS: On February 26, 2019, City Council adopted a resolution granting a petition requesting annexation by the landowners of the proposed annexation area. Public hearings were held on April 16 and April 23, 2019. There are no known dwellings or residents on the 161.56 -acre parcel currently. The proposed London Towne Subdivision includes approximately 660 single family homes built on the 161.56 acres. The developer has already submitted a final plat for the first development phase, London Towne Subdivision Unit 1, consisting of a 23.02 -acre tract with 94 single-family housing units and a 1.9 -acre park. A Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement was approved by City Council on May 8, 2018 to extend municipal wastewater service to this area. Construction of the lift station and related service lines is currently underway. Once annexed, the probable city council district for this area would be District 3. The City, Nueces County and the developer are working toward a multi-party agreement to upgrade County Road 33 to minimum standards for emergency vehicle access. Upon annexation, Police and Fire services will be provided to this area. Fire Station 18 is closest in proximity to serve the proposed London Towne development at approximately four miles away. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan (Ordinance 029958). The subject parcel is designated as a Planned Development Area in Plan CC, the City's Comprehensive Plan. Planned Development Areas are areas which may be annexed and for which area plans are developed. EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: ❑ Operating Revenue Capital ® Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: A fiscal analysis of the proposed London Towne Subdivision demonstrated that at buildout, the residential subdivision would result in an annual net negative impact on the General Fund due to a projected higher increase in costs associated with the subdivision's demand for services as compared to projected revenues resulting from the residential development.. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with: Exhibit A — Metes and Bounds and Map Exhibit B — Municipal Service Plan Annexation Petition Presentation with Annexation Schedule Ordinance annexing for full purpose approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi and extending the boundary limits of said city so as to include said hereinafter described property within said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulations of said city; and adopting a service plan. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, On February 26th, 2019, City Council adopted a resolution granting a petition requesting annexation by the land owners of the proposed annexation area. WHEREAS, on April 16th and 23rd, 2019, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on April 12th and made available for public discussion at public hearings on April 16th and 23rd, 2019; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1 of 3 SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 161.56 -acre tract of land, more or less, described by metes and bounds and a map in Exhibit A, generally located on both sides of County Road 33 and to the north of FM 43, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance as Exhibit B, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm -Rural District. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 9. This ordinance is effective upon passage on second reading. 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 of 3 EXHIBIT A: METES AND BOUNDS AND AREA MAP FOR THE LONDON TOWNE SUBDIVISION METES AND BOUNDS FIELD NOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Document No.2016053230, said Official Public Records; Thence, North 89° 12' 59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173 .21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 87 1.67 Feet, for a Southeast corner of this Tract; Thence, South 89°12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a corner of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2.00 Acre Tract and for an inner ell corner of this Tract; Thence, North 69°49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, for an inner ell corner of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from 1 of 3 EXHIBIT A: METES AND BOUNDS AND AREA MAP FOR THE LONDON TOWNE SUBDIVISION Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 2 of 3 EXHIBIT A: METES AND BOUNDS AND AREA MAP FOR THE LONDON TOWNE SUBDIVISION ANNEXATION AREA MAP 3 of 3 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of the area depicted in the attached map ("annexation area"). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third -party contract. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of 1 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (6) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(a) (1) Water Service: 2 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the subject property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services; all other City Departments with jurisdiction in the area will provide services according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary. 3 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION (1) Police Protection: No capital improvements are necessary at this time to provide police services. (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: Currently, a lift station inside the city limits, a 16 -inch force main line, and gravity sewer trunk mains are under construction by the London Towne Developer to connect the proposed subdivision to the municipal wastewater system. A water line and distribution system will be constructed by the London Towne developer to provide water to the proposed subdivision. No additional capital improvements are necessary at this time to provide water or wastewater services. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. (7) Roads and Streets: Improvements are needed to County Road 33 in order to serve the London Towne Subdivision. Only a portion of County Road 33 is located within the annexation area. Responsibility for improvements to County Road 33 outside the annexation area will remain with Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. (8) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (9) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (11) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be 4 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (12). Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three - Year Capital Budget program. d. Effective Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. q. Force Majeure 5 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 6 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION METES AND BOUNDS FIELD NOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Document No.2016053230, said Official Public Records; Thence, North 89° 12' 59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173 .21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 87 1.67 Feet, for a Southeast corner of this Tract; Thence, South 89°12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a corner of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2.00 Acre Tract and for an inner ell comer of this Tract; Thence, North 69°49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, for an inner ell comer of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from 7 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 8 of 9 EXHIBIT B: MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION ANNEXATION AREA MAP 9 of 9 EIVED FFB 15 2019 CI Y SECRETARY'S OFFICE PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Corpus Christi, Texas, the following described territory, to wit: FIELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract 11 in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011 169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Document No. 2016053230, said Official Public Records; Thence, North 89°12'59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173.21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 871.67 Feet, for a Southeast corner of this Tract; Thence, South 89° 12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a corner of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2,00 Acre Tract and for an inner ell corner of this Tract; Thence, North 69'49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, thr an inner ell corner of this Tract; Thence, South 20° 13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said I 18.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 inch Iron Rod Found, for the Southeast comer of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to l.ondon Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°l3'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. We certify that the above described tract of land is contiguous and adjacent to the City of Corpus Christi, Texas, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. THE STATE OF TEXAS / /l COUNTY OF iv U.CS Signed: Date: BEFORE ME, the undersigned authority, on this day personally appeared ! YI1C/ Ii , and , known to me to be he persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 day or ACM/2 Notary( blic in and for /' �{ (1../1'(i. County, Texas. We certify that the above described tract of land is contiguous and adjacent to the ,City of CorpusCbr.isti'Texas, and that this petition is signed and duly acknowledged by each and every person having an iri`tereSt in said larid� Signed: Date: THE STATE OF TEXAS COUNTY OF AA,/e6e BEFORE ME, the undersigned authority, on this day personally appeared , and , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 "`" day or Notary Public in and for //U(r"5 County, Texas. We certify that the above described tract of land is contiguous and adjacent to the Cit of Corpus Christi, Texas, and that this Petition is signed' and duly acknowled ed by each and every person having an inter: .4 said land. li 06) ---- <`R A I THE STATE OF TEXAS COUNTY OF BEFORE ME, the dersiguthority, on this day personally appeared Signed: Date: I <.5 t1 WI IA 7 44'ils1 , and il-f' ! \1(141/457/4) whose naes are subscribed to the foregoing instrument and each acknowledged to purposes and consideration therein expressed. Given under my hand and seal of office, this Li day or 16°- , 20, CI . 1. , known to me to be the persons me that he executed the same for the JUANA JEAN BARTON Notary10 #10868260 My Commission Expires June 3, 2021 a -yea 'Notary Public in and for 4 s County, Texas. 137 0 General Notes: • 5/8 rcn 'cn Rod _ :ur o 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texos South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. J 1/2 Inch Iror Roo w•th green plas_:b cap stamocc "U•23AN VCR=ASEMEN-" Se' .1 Nal ound r 130 49 /-cres out o` a 145 5 Acre (Owner: 'Nolter Barry Comp and Betty Jo Comp) (Doc. No. 1997034377, O.R.N C.T.) 6JA601L L A 1F1F11.9ATIDN 00N1PANY 61101197 127 A9711:1110T 676 Survey N88'54'56"E 21245.46' Troct 91.1F119Y 146, A96T91A6-r 012 15.01 Acres out 01 11:1 !45.5 Acre Tract Owner: Betty, _INE B_A4lIG 0.5TANCE 25`.64 3L3.95' 22.45' N20' E 0'52" 3 N69'49 13'W S69'( -5'35"E a Jo Cornp (Doc. No.1 � y \ 1201000557 -, io.y r : QO.F.R.N.C.T) ° ,a t' ' cxc;4/ 6';‘,3'1' §0,-=; ° Q Fci SCI°S h O N 104 d: t . . M,,yQ u go ° �2 `')/1'0)W4' v Ac Q c ° o'�oo`y Q l m5 -'F mr- .c ta as �,V / w° o ' U ao J .���<°Q �2' (� a 8 -ti 20 r.; Q c` co Q g, 1u o, o - ,,, o o. Oj M o z rn^ � .- U 0 0 0 3 Q O� Q U C �o o a0, a v ^a C M 7 y o'.j d . • -/. 6.100 Anes out 0 Section 'D' (i of, ° U C tae.eies Parra Tracts 3 Re-. sir N" cesl Canty, Texos / 01 ) p V M �o Owner Agape Ronrn) a, 2y y O A (Doc. No. 2016053250, ) C Q. O I OP.R N.0 T.) / ° Lire CUAJFIILLA IFIA(8ATIDM 0116158N3 08797 199, A90T11ACT 97) 11; I v 1I; Val. 3, Pg{ 15, Map Records of Nueces County. Texas II i,33.N.F1,11. 9UA39Y 1401, iZ A99'faADT 912 Coiled 118.126 Acre Tract oui of a 145.5 Acre Tract out o) the I.&G.N.R.R. Survey 135, 139 and 140, and Section "0" Loureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Tdxas (Owner: Bill 3. Brown, Reagan Travila Brown and Alyssa Ann Brown McCoy) (Doc. No. 2015011169, 0.P.R.N.C.T.) 1 Of z 161.56 Acres 7.037.378 So.? t. Survey --� Line ;Iy CJA691LLA 181118ATIDAI I 00141588'],I 811,116`./140, BJA1-0 199, A98TFIAC-r 612 1A6,VBACT 99i �n Compony, o o N Q L S88'4'56"W 10 3.87' m e . 1. S C O V CC #w 0rp...J Itiz 31 i o 00 ° I a -"I 7 / O V ,; l<o,� sic �. 4o Q 1 n a 2- N89' 12'59"E "Point of Beginning" 2390.89' tz 985.82 14(15.07 Portion of 173.21 Acre Tract out of Section "0" Lourdes Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Owner: Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust) (Doc. No. 2014032038, 0.P.R.N.C.T.) S89'12'59"W 2083.85' �ry 2 00 Acres out of Section "D" Laureles Form Tracts ,^ Vol. 3, Pg. 15, Mop Records of Nueces County, Texas (Owner: Jeremy and Paige Scott) (Doc. No. 2016034176, 0.P.R.N.C.T.) Portion of Section "D", Laureles Farm Tracts_ Vol. 3, Fo. 15, Mop Records of Nueces County, Texos (Cwner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) (Doc. No. 201 501 11 59, 0.P.R.N.0 T.) / 900 600 300 0 600 1200 1"=600' Annexation Tract Sketch to Accompany FIELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "0", Loureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas REV: Jan. 17, 2019 DATE: March 28, 2018 SCALE: 1n=600' JOB NO.: 42900.B7.03 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl@urbaneng.com 02019 by Urban Engineering 6 URBAN ENGINEERING len TM NO. 145, 10PL5 FIRM NO 10032x0 2725 51451804 OR, 001805 0191511. IH 78404 9)11019 561.654.3101 WAwUROANa1000Y URBAN] ifi 1nPE ROW NO. 115. MRS FlR4 10032100HD. 1021pp 2725 WANNERWANNERDR. CORPUSs avasn. TX 721401.aPRIMEPL 361.851.3101 M4W.UR9AYENAC0,1 REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering a So* p ` 3p o9p ;4,' ca Bp4je�pra NV (Sy 3S)J Oso Creek CABANISS I f F.M. 43 r,/t a) C..) a ( j F.M. 43 S.H. 286 COUNT'OF CITY OF NUECES CORPUS CHRISTI LOCATION MAP N.T.S. REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering Petition Requesting Annexation by Area Landowners (1 Tract, 161.56 acres) City Council Presentation July 30, 2019 Background • On February 26, 2019, City Council adopted a resolution acknowledging the request for annexation and setting a schedule to conduct the required public hearings and possible Ordinance adoption that would annex the property. • Public Hearings held April 16 and 23, 2019. • First Reading of the ordinance held May 14, 2019. • Council approved a reimbursement from the Wastewater Trunk Line fund for lift station and other related improvements on May 8, 2018. Aerial Overview of Annexation Tract Schmf.Uo-ict Legend London Towne Subdivision f.73 City Limits 1 inch =1000 feet At N 3 Annexation Tract Subject Tract: 161.56 acres ■ 1111111 rzIIIH,IIIIII, IIIIII ml loll 1111 =11.111: III IiI 11•11111! 111:i= ,IIZI f11=I11,f 1111E I1I1!!flfllr ' =_ IIfIf I!l IIl1 1111 IIryf1 !� VIII C- 1111@ INI =� 111lIf1! O_= llurlr.1 lu1_= alum Ifirmirtili ■nw IIIIIk1I11111! I11111111Rr uiii111N� �. IIIIIIIIIL111e IIIIIIIIr wnlulr IklllllllIr 1111111 r ■k111i11■Ilk Actoilcio 111111111111 Capp groarel r jr : Corpus Christi City Limits City Limits London Towne Annexation Boundary 025 65 Maes Annexation Schedule V2-26-2019 / 3-15-2019 13-31-2019 14-07-2019 V4-16-2019 /4-23-2019 15-14-2019 7-30-2019 — City Council Annexation Resolution — Written Notices Mailed to Public & Private Service Providers — Public Notice for 1st Public Hearing — Public Notice for 2nd Public Hearing — 1st City Council Public Hearing — 2nd City Council Public Hearing — 1st Reading of an Ordinance — 2nd Reading of an Ordinance — Annexation Complete AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 5/14/2019 Second Reading Ordinance for the City Council Meeting 5/21/2019 DATE: April 22, 2019 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 0 County Road 33 CAPTION: Case No. 0419-02 Braselton Development Company, Ltd: Ordinance zoning property at or near 0 County Road 33 to the "RS -4.5" Single -Family 4.5 District PURPOSE: The purpose of this item is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 161.56 acres in size. The owner is proposing single-family residences. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the "RS -4.5" Single - Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: X Operating o Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (April 17, 2019): Approval of the zoning to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0419-02 Braselton Development Company, Ltd: Ordinance zoning property at or near 0 county Road 33 to the "RS -4.5" Single - Family 4.5 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Braselton Development Company, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 17, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the "RS -4.5" Single -Family 4.5 District and on Tuesday, May 14, 2019, 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 Braselton Development Company, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as 161.56 Acres, a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577, I.&G.N.R.R. Survey No. 140, Abstract 612, and Cuadrilla Irrigation Company Survey No. 135, Abstract 581 as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 11 8. 126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas, located on the east and west side of County Road 33, south of Oso Creek and north of Farm -to -Market Road 43 (the "Property"), from the "RS -6" Single -Family 6 District to the "IL" Light Industrial District (Zoning Map No. 052034), as shown in Exhibits "A" and "B". Exhibit A, a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances, or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance, are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0419-02 Braselton Development Company, Ltd\Council Documents\Ordinance_ 0419-02 Braselton Development Company, Ltd.docx Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 6 Exhibit A IJRBA11 ENGINEERING 1� 1.S6.+ ere$ ZoninH Tract STATE OF TEXAS • ]1]NTV QF NEIFC.1:S lob Na; 42900,B7,O3 March 13, 2019 FI ELDhiOTES fora 161.56 Aere, Zoning Tract, king a portion of a 17121 Acre Tract ovt of Section "D", laurels Farm "tracts, a map of which is recorded in Volume- 3, Page 15, Map Records or NlieCcs Contry, Texas; said 173.21 Acre Traci described in a Gift Decd Gorr Mary Cecile Mcancy, a married women, as her separate property and urate to Elizabeth Anne Meaney ofthc Lucy A_ Haynes Trust, as recorded in Tlnewnent No. 2014032038, Official Public Records orNuexes County, Texas; said 161.56 Acre Tract also being a portion of Corinty Road 33, and a portion of a 118.126 Acre Tract out of C uad iiia irrigation Company Survey N4- Survey 139, .Abstract 577,1 & J.N R•R, Survey No. 140, Abstract 612, end Cuadrl la Inigation Company Survey No- 135, Abstract 581 as shown on the map of Laureles farm Tracie, a mop of which Is recorded in Volume 3, Paga 15, Map Records of Hueees County, Texas.; said 118.126 Acre Traci desmbed ns Tract 11 in a Correction W arranty Decd From Sheilah London to 3111 3. Blown, Reagan Travis Brawn and Alyssa Ann 13ro,vii McCoy, as recorded in Document No. 24150] 1169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Zoning Tract being more Fully described by metes and bounds as follows: Beginning at a 5113 Inch Iran Rad Found, being the Southwest comer of a 308.99 Acre Tract described in a Special Warr freed From The Josh!! Partnership. Ltd„ to T1re CO of Corpus Christi, as recorded iii Duuurterd No. 941343, said Official Public Records, for the Southeast corner of an 13,90 Acre Tract described in 6i ft freed From Mery Cecile Meaney W Agape Ranch, as recorded in Document No. 2016053230, said Official Public Records; Thence. North 89°12'5.99' -act_ with the South boundary Zine of the said 308.99 Acre Tract, the North boundary Zinc of the Said 173,21 Aar' 'tract, 1,405.07 Feet, to the common corner vfthe said 308.94 Acre TT30. and 17321 Acre Tract, 1pr a Northeast tuner of this Tract; Thence, South 16°02'59" West, with the common boundary tateofthesaid 306.99Acre Traci and L712] Are Tract, 871.67 Feet, far a Southeast Domer of this Trod; Thence, South 89°12'59" West, over and across the said 173.21 Acre Tract, 2,063.85 Feel, to the East boundary tine of a 2.0D Acrc Tract described in a Warranty Dead with Vendor's Lien Fran Shawn A. Lockett and Marcella R. Locker' to ]oremy Scats and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for B oorn4r of this Tract; 'tlirnr., Ni-wlh 7fl iA'S7" Fact with the SEditheasi bamdary tine ol'the said 2.0n Acre Trwrt, 751.64 Feet, to the Norlheas; corner of the said 2.00 Acre Traci and for an inner etl corner of this Trot, Males, North 69'49'13' West, with the North boundary line of the said 7.00 Acre Tract, at 32{1.4B Fere, pass the apparent Southeast Right-vf• Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Dight -of -Way lint of the said County Road 33, the Southeast boundary line of the said 118.128 Acre Tract, For an inner c]L curium of this Trade S,,SuOtOiti12994US7fl3Zani eiN429X167 F3_I6I.56AcZoniegdocx OFFICE: (361)854-3101 2725 SWANTNFR DR. • CORPUS CHRISTI, TEXAS 78404 w w.'irbanc .om TRPI? Firm PI L45 • 'CHF LS. Fin # L0032400 Pagr I aft FAX (361 )854.6401 Page 4 of 6 Thence, South 20013'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.11 Feet. to a 5+3 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 88^54'56" West. with the common boundary lute of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 518 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 518 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01'00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest comer of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence. South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 8901 2'54r Fast, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205. and are based on the North American Datum of 1983(2011) Epoch 2010.00. Ibis document was prepared under 22 TAC §663.21. does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary line of the political subdivision for which it was prepared. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. v'sb E'1 y.. ' A Rf.0 •(/' VUIES DAVIO Cf16.158 AN ENGINE RI Jamas D. Carr, R P.L.S. License No. 6458 SASonryingl.42900ht3703N.uonglFN42900B7W_I6136AcZaaing.dou Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www,urlsarteng,cont TBPE Firm 0 145 • TBPLS Firm # 10032400 Page 5 of 6 Exhibit B L. 11 • - 1 1 1 1 Ifni It I a1 I '1 e I lII•I 1 -I I I O 11 F II jeer rel Nates 1) End Bearing and Dista'ces ;noes Hereon are referenced to lie Term Cowdlrate Syron 01' 1963, Teas South Zane 4207, and are bored on the Morel Mersa• Datum or 1 0 6 512011) Epoch 2010 CC. -I r i -I TII- '1- ' I 1.I I.p01L AMC 0H rnlra l e11eY. 1r aartudza N88'54'56 t 2245.46' =awl !1(i 1 a JlletRAU1 U E E- I I T- E E E yat 4rtn• am 0M a Ir55 Acro Trace oeneer: Beeley e 1 .Ia Carel / d (Dot No. (2010006,6»/ 8 ti I U.D11L Je•17all oddeaal parr. Ise. sternum' if -- I I ! I -il-I itI•,.r • a •. ^I• TTI_ r the 1.114.0 a u•• l .47 a•1 Lu.,e raor Ta-. Val A h Weld. of IYsoa C:a.-, Tr..I l:I.r. :11 :. Isom. Repo, Tien. >_.r a d 'load Mb Mews So., (DI. No. 6p17DIl1m, 0PAS.CT j61.56 Act', I 7 aY7.171 .wig 011 as !r'1. tib J rA.at ids f' • 588'54'56'W 1023.87' -F • I a1 i1t 0 teesYQ I � t�iaac R yg� .'". 1 t -f* 1/ 4F x3 1:1;)! Q 49 I `o V L3 r N8912'59 -E w '. I$$PI . p a ,71 I 3 rl I of 17' :' sire Tract out 0$ .•ser_f .D. Wattles Farr To-'• IW. 5. Pg 13. u I Is of Nieces Cow*, T-• I'. EI *oh "ens wows.. T.. -.. _• •t L•cy A. iC1032CIV S89' 12'59110 2083.85' / m -I r - -II LII I Fa TII- I II I 1 T I I I r I1 I X1 5.. -I I L I n I FII Tru.:. I I - I 117I T, • I. I I 'll I I I I TI I t in7M: I I -I I -I 1 I Is:IU oLIJ MX 0 600 1200 1"6C0' oning Tract Sketch to Accompany FlELDNOTES for a 161.56 Acre. 2arerq Tract, being a portion of a 173.21 Awe Tract out of Section '0". Laurels; Farm Tracts. o map of which is recorded in Yakima 3, Page IS, Map Records of Nueces County. Tads; add 173.21 Mrs Tract described In a GRI Deed from Wary Cecile Heaney, a marled soman m her separate property and estate to EIzabeth Anne Retinal Trustee of the Lucy A Haynes That, as recorded in Document No. 2014032038. Official Puiblic Records of Notes County, Ts.as: said 161.56 Hors Tract alio being a portion of County Rood 33. and a portion of a 118.126 Awn Wort out of Cuadrllla Mgollon Company Survey No. Surrey 139, Abstract 577, I.&G.N.R_R Survey No. 140. Abstract 812. end Cuadnlla Mgallon Company Sunray No. / 135, Abstract 581 as stamp on the map of Laurel's Farm Tracts, a map of which . recorded n Volume 3, pegs 13, Map Records M Nieces County Texas; laid 116.126 Acre Tract described as Tract II h a Correction Warranty Deed from Sheilah London to 8111 J. Brom, Reagan Trade Bron and Alyea Ann Bross McCoy. as recorded in Document No, 2015011169. Official Pubic R.eolde of Nuecee Canty, Tails DATE March 13. 2019 SCALE: 1"=600' JOB NO.: 42900.87.03 SHEET: 1 of 2 DRAWN BY: RLC urbansurveyt aurbanenp. corn 02019 by Urban Engr.eering URBAN ENGINEERING Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0419-02 INFOR No. 19ZN1008 Planning Commission Hearing Date: April 17, 2019 Applicant & Legal Description Owner: Braselton Development Company, Ltd. Applicant: Braselton Development Company, Ltd. Location Address: 0 County Road 33 Legal Description: Being 161.56 Acres, a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577, I.&G.N.R.R. Survey No. 140, Abstract 612, and Cuadrilla Irrigation Company Survey No. 135, Abstract 581 as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 11 8. 126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas, located on the east and west side of County Road 33, south of Oso Creek and north of Farm -to -Market Road 43. Zoning Request From: "OCL" Outside City Limits To: "RS -4.5" Single -Family 4.5 District Area: 161.56 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "OCL" Outside City Limits Vacant Planned Development North "OCL" Outside City Limits and "FR" Farm Rural Vacant and Public/Semi-Public OCL and Government South "OCL" Outside City Limits Vacant and Public/Semi-Public Planned Development East "OCL" Outside City Limits Vacant Planned Development West "OCL" Outside City Limits Vacant Planned Development ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 052034 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 1,700 feet of street frontage along County Road 33 which is designated as an "Cl" Minor Collector Street. According to the Urban Transportation Plan, "Cl" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). m§ m•O tii c2 Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume County Road 33 "Cl" Minor Collector 60' ROW 40' paved 50' ROW 18' paved N/A Staff Summary: Requested Zoning: The applicant is requesting zoning to the "RS -4.5" Single -Family 4.5 District. Development Plan: The subject property is 161.56 acres in size. The owner is proposing single-family residences. Existing Land Uses & Zoning: The subject property is currently located outside of the City limits of Corpus Christi and is not zoned. To the north are properties that are also located outside of the City limits. Also located to the north within the City limits are the properties adjacent to Oso Creek. To the south are properties that are also located outside of the City limits and consist of vacant tracts and the London School District. To the east are a vacant properties that are also located outside of the City limits. To the west are a vacant properties that are also located outside of the City limits. 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. Utilities: Water: 16 -inch C900 line located along FM 43. Wastewater: No wastewater access is located along the subject property. Gas: No gas access is located along the subject property. Storm Water: Oso Creek is located to the north of the subject property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for Planned Development uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • 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 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is consistent 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. • London School District is located to the south of the subject property at the intersection of County Road 33 and Farm -to -Market Road 43 (FM 43). • Large tract single-family residential subdivisions have been constructed along the FM 43 corridor and receive City water service. However, none of these subdivisions are currently served by City wastewater services and are served via septic tanks. • The developer has entered into a trust fund reimbursement agreement with the City to fund wastewater access to the subject property. Planning Commission and Staff Recommendation (April 17, 2019): Approval of the zoning to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff Report Page 4 Public Notification Number of Notices Mailed — 11 within 200 -foot notification area 1 outside notification area As of April 12, 2019: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0419-02 Braselton Development Company, Ltd\PC Documents\Staff Report_0419-02 Braselton Development Company, Ltd.docx Staff Report Page 5 CASE: 0419-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CO -2 General Commercial Ci intensive Commercial CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Ruslnese Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family a RS -4.5 Single -Family 4.5 Rb -TF Two -Family RS -15 Single -Family 15 RE Reaidentlal Estate RS -IC Townhouse SP Special Permit Ry Recreational Vehicle Park RMH Manufactured Home SUBJEC LoAli PROPERTY FM 43 e� I=oNMAP City of Corpus Christi Staff Report Page 6 Persons with disabilities planning to _.tend this meeting who may require spec. services, are requested to contact 'he Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con incapael I des que tienen la inlencibn de asistir a esta tunta y que requleren servicios especiales, se les suplica que den aviso 48 horas antes de la Junta Hernando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission dunng 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 dunng the meeting. Si usted desea dirigirse a la commission durante la Junta y su tingles es limitado favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al rrenos 48 horas antes de la junta para solicitar un interprete ser presente durante la Junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Zoning Case No. 0419-02 Braselton Development Company, Ltd has petitioned the City of Corpus Christ to consider zoning a property that is currently being annexed into the City of Corpus Christi to the "RS -4.5" Single -Family 4.5 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 0 County Road 33 and described as 161 56 Acre, a portion of a 173 21 Acre Tract out of Section "Cr, Laureles Farm Tracts, a map of which Is recorded in Volume 3, Page 15. Map Records of Nueces County, Texas; said 173.21 Acre Tract descnbed in a Gift Deed from Mary Cecile Meaney. a married woman. as her separate property and estate to Elizabeth Anna Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County. Texas: said 161.56 ACI@ Tract also being a portion of County Roan 33. and a portion cif a 118.126 Acre Tract out of Cuadnlla Irrigation Company Survey No. Survey 139, Abstract 577.1 BG.N.R.R. Survey No. 140, Abstract 612. and Cuadnlla Irrigation Company Survey No. 135, Abstract 581 as shown on the map of Laureles Farm tracts, a map of which is recorded in Volume 3 Page 15, Map Records of Nuecos County, Texas; said 11 8 126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown. Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No 2015011169, Official Public Records of Nuecos County. Texas, located on the east and west side of County Road 33, south of Oso Creek and north of Farm -to -Market Road 43. 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, April 17, 2019, 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 78489- 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. l Printed Name i+ .-) Li Ca t'11 p ,-1 Address kr (C?A C` 1 i 11 Ct17.ii)5(:(, 5M.i(c' City/State- 1 ).i\ (V/IN FAVOR ( ) IN OPPOSITION Phone: 4f -k- 1\L rxl )-j /C(LI REASON: 4) c `i...1 oe CiL „)t, / i avi Signature SEE MAP ON REVERSE SIDE INFOR Case No 19ZN1008 Property Owner ID 6 Case No 0419-02 Prosed Manager Andrew Dimas Email. andrewd2@cctexas.com Zoning Case #0419-02 Braselton Development Company, Ltd. Zoning for a Property at 0 County Road 33 City Council Presentation May 14, 2019 Aerial Overview Subject Property at 0 County Road 33 Vicinity Map FM 763 N At • (c) OpenStreetMap and contributors, L Creative Cam mons -5 hare Ali ke License (CC-RY-SA) 3 Zoning Pattern C.C.L. SUBJECT PROPERTY 7 �o©D C ciao R8-15 11667 003 CD.C.11 I ❑ 4 Planning Commssion and Staff Recommendation Approval of the "RS -4.5" Single -Family 4.5 District Public Notification 11 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 1 6 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. Utilities S o ECT PIROPERUY Water: 16 -inch C900 Wastewater: Not Available Gas: Not Available Storm Water: Oso Creek DATE: TO: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 23, 2019 Second Reading Ordinance for the City Council Meeting July 30, 2019 June 27, 2019 Peter Zanoni, City Manager THROUGH: Constance P. Sanchez, Interim Assistant City Manager ConstanceP(�cctexas.com 826-3227 FROM: Fred A. Segundo, Director of Aviation FredS(a�cctexas.com 289-0171 ext.1213 Accepting and appropriating Federal Aviation Administration (FAA) grant amendment and authorizing reimbursement of expenses for additional fencing and security improvements at Corpus Christi International Airport. CAPTION: Ordinance accepting and appropriating $289,765.00 from the Federal Aviation Administration Grant and authorizing reimbursement of expenses for additional fencing, security cameras, and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project and amending the FY 2018-2019 Capital Budget. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 54 in the amount of $6,637,856.00 to the City of Corpus Christi to fund the Airport Operating Area Perimeter Fencing Project and related improvements and is now offering Amendment No.1 in the additional amount of $289,765.00 for additional improvements that were identified during the project. BACKGROUND AND FINDINGS: This is a joint FAA/City project with a respective 90/10 percent construction cost sharing. The original project included removal and replacement of approximately 9 miles of existing perimeter fencing that was installed in 1984. Replacement included high security fencing, new high-speed security gates and controls, concrete footings, wildlife barrier, driveways, fiber optics, electrical cables, and other miscellaneous improvements. In addition, new digital surveillance cameras were installed around the perimeter of the new fence and minor upgrades to the security system. Amendment No. 1 provides for additional upgrades to the security cameras/server and selected replacements within the airport terminal building. The need for additional improvements was identified during project construction and was presented to the FAA Program Manager for approval and additional funding. These upgrades have been completed using the Airport's Capital Reserve Fund, and this action will reimburse the Airport with grant funding. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Prior Years TOTALS Line Item Budget $0.00 $6,637,856.00 $6,637,856.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $289,765.00 $0.00 $289,765.00 BALANCE $289,765.00 $0.00 $6,927,621.00 Note: Grant 54 was issued to the City in 2016 in the amount of $6,637,856.00, and this amount was spent prior to FY 2018-19. Grant 54 Amendment No.1 noted in this agenda item is in the amount of $289,765.00, bringing Grant 54 to a grand total of $6,927,621.00. Funding Detail: Fund: 3020 Airport CIP Fund Grants Organization/Activity: E152211543020C Mission Element: 274 Airport Development Project # (CIP Only): E15221 Account: 50910 RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Grant 54 Amendment No. 1 Letter Ordinance accepting and appropriating $289,765.00 from the Federal Aviation Administration Grant and authorizing reimbursement of expenses for additional fencing, security cameras and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project and amending the FY2018-2019 Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $289,765 from the Federal Aviation Administration for Amendment No. 1 to Grant No. 3-48-0051-054-2016 are accepted and appropriated in the No. 3020 Airport Capital Improvement Fund for additional fencing, security cameras and server upgrades/replacements within the airport terminal building as part of the Perimeter Fencing Project; and are authorized to reimburse funds initially used for the project. SECTION 2. The FY2018-2019 Capital Budget adopted by Ordinance No. 031550 is amended by increasing revenues and expenditures by $289,765 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor C U.S. Department of Transportation Federal Aviation Administration June 27, 2019 Airports Division Southwest Region Texas Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 Dear Mr. Segundo: FAA ASW -650 10101 Hillwood Parkway Fort Worth, TX 76177 Corpus Christi International Airport AIP Grant No 3-48-0051-054-2016 DUNS No 782001259 Letter Amendment (Amendment No. 1) This is in response to your letter dated April 16, 2019, requesting an amendment to the Grant Agreement for the subject AIP project to: increase the maximum obligation of the United States as set forth in the Grant Agreement accepted by the Sponsor on September 15, 2016. This letter, together with your letter, effects the amendment, as requested, and commits the Federal Aviation Administration, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States by $289,765 (from $6,637,856 to $6,927,621) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into and constitutes Amendment No. 1 to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, Ben Guttery Manager, Texas Airpo s District Office AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 23, 2019 Second Reading Ordinance for the City Council Meeting July 30, 2019 DATE: July 9, 2019 TO: Peter Zanoni, City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherVcctexas.com 361.826.3093 2019 Coastal Bender Lease Agreement CAPTION: Ordinance authorizing lease agreement with SMG to allow use of streets bounded by Fitzgerald Street, N. Water Street, Resaca Street and Shoreline Blvd. and including portions of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street for the 2019 Coastal Bender event and related activities to be held on August 1 - 4, 2019, which requires SMG to pay all permit fees required for the event, estimated at $1,000.00. PURPOSE: Seeking City Council approval of a Lease Agreement for temporary street closures and closure of approximately 30% of the Bayfront Park during the 2019 Coastal Bender event at the American Bank Center. BACKGROUND AND FINDINGS: This will be the inaugural year for the 2019 Coastal Bender, which is a homegrown event created and developed by SMG. The Coastal Bender is a fishing tournament that includes other elements to maximize interest in and attendance of the event. The four-day event will include an array of content true to the Texas Gulf Coast including a welcome dinner and silent auction for tournament participants on Thursday, August 1, two youth fishing tournaments on Friday, August 2, an all day fishing tournament on Saturday, August 3 with five divisions (Bay, Kayak Bay, Offshore, Offshore Kayak and Beach/Surf), a closing brunch and winners award ceremony for tournament participants on Sunday, August 4. Other festival activities include a bar-b-que cookoff, outdoor expo (boats, fishing and hunting), and a concert. This event will take place August 1-4, 2019 and will attract people to the American Bank Center for a one -of -a -kind experience in Corpus Christi during the summer. SMG is working in partnership with Corpus Christi native Roger Creager, a well-known musician who is playing a key role in attracting artists, anglers, and fans to attend the event. The event name is being branded as `Roger Creager's Coastal Bender.' This event involves revenue sharing and use of the artist's name in lieu of the typical guaranteed fee for the headliner. This structure limits risk by eliminating the fixed cost paying an artist to perform. The event will take place on Shoreline Boulevard, including the barge dock, outside the American Bank Center as well as inside the Arena. Activities listed for Thursday, August 1, 2019 on the Event Plan are for tournament registrants and are not open to the general public. We are not anticipating any negative impact from the partial closure of the Bayfront Park as the section being closed is the area that contains the currently inoperable water feature. Use of this portion of the park was approved by the Director of Parks and Recreation. A minimal general admission fee in the amount of $5 will be charged for entry into the event grounds resulting in increased attendance and exposure. There will be a separate $25 fee to attend the concert. The FY19 Adopted Budget includes $650,000 of Arena Marketing and Co -Promotion Funds for the purpose of offsetting event related expenses incurred in attracting business to the Arena. The Corpus Christi Business and Job Development Corporation approved $30,000 for the Coastal Bender event at their April 15, 2019 regular meeting. SMG recognizes Coastal Bender as a wonderful opportunity to give back to our community's youth and has partnered with Driscoll Children's Hospital, Ronald McDonald House and Hookspit Junior Anglers Association, an under privileged youth fishing group. The kids will participate in the event free of charge and the organizations will receive publicity and public education about their programs from the event ad campaigns. 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 FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Line Item Budget $650,000 Encumbered / Expended Amount $219,000 This item $1,000 BALANCE $380,000 Expense Funding Detail: Fund: 4710 Visitors Facility Organization/Activity: 13615 Arena-Marketing/Co-Promotion Mission Element: 734 Tourism Project # (CIP Only): N/A Account: 530500 Printing Advertising & PR Revenue Detail The permit fees will be deposited into the following accounts: $450 to Visitors Facility, Cultural Services, Special Events Permits: 4710-13710-888-302350 for Special Event Application Fee ($50) and the Special Event Permit Fee ($400) $550 to Streets, Traffic Engineering, Special Events Permits: 1041-12300-888-302350 for traffic engineering control plans RECOMMENDATION: Staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Event Plan Ordinance authorizing lease agreement with SMG to allow use of streets bounded by Fitzgerald Street, N. Water Street, Resaca Street and Shoreline Blvd. and including portions of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street for the 2019 Coastal Bender event and related activities to be held on August 1 - 4, 2019, which requires SMG to pay all permit fees required for the event, estimated at $1,000.00. 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 a lease agreement with SMG for the use of City property for the 2019 Coastal Bender event and related activities. The Agreement allows use of portions of Bayfront Park located along Shoreline Blvd. between Fitzgerald Street to Resaca Street through the end of Shoreline Blvd. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor LEASE AGREEMENT FOR COSTAL BENDER State of Texas § Know All By These Presents: County of Nueces § 1 This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and SMG Holdings, LLC, dba SMG Management Inc., a Delaware limited liability company, 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 home -rule 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. 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. G. Event - means the Coastal Bender event and related activities sponsored by SMG, as described in Exhibit A. The Event dates are described in Exhibit B. H. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. I. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. J. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. K. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. L. Premises - means the portion of Bayfront Park located along Shoreline Blvd. between Resaca Street and Fitzgerald Street; City streets bounded by Fitzgerald Street, N. 2 Water Street, Resaca Street, and Shoreline Blvd.; Barge Dock area, and other City property along Shoreline as depicted on Exhibit C. M. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. N. SMG — means SMG Holdings, LLC, dba SMG Management, Inc., the independent contractor that manages the City's American Bank Center facility. O. SMG's Agent - means a duly authorized representative of SMG. 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. The Lease Agreement takes effect upon execution by the City Manager. SMG 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 SMG the privilege of using the portions of Bayfront Park located along Shoreline Blvd. between Fitzgerald Street to Resaca Street through end of Shoreline Blvd. to conduct its Event. SMG agrees to contact the Art Museum of South Texas, the Port of Corpus Christi administrative offices, and the Federal courthouse to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, a new Exhibit C will be executed by the City Manager and SMG Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. The new Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. SMG's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities as soon as practicable prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event, to the extent that meetings haven't occurred already, the Parks Director, Director of Street Operations and Police Chief will meet with SMG 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 SMG. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. SMG's Agent may request additional meetings. 7. ADMISSION FEE. SMG may charge an admission fee. Special Events connected with SMG may charge another fee to help defray the cost of entertainment. 3 8. SMG'S FINANCIAL OBLIGATIONS. A. Permit Fees. SMG must pay City all applicable City permit fees as established by City ordinance, including a $50 application, a $400 large event fee, and $550 traffic engineering fee. B. Costs of City Services. Security at Event and traffic control at event: Police Department will be paid in accordance with separate existing agreement between SMG and the Police Department regarding use of Police services for events. There is no cost anticipated for other City departments beyond standard permit fees. If additional City services are required, SMG will contact the subject department and pay the reasonable cost of services required for use of the department's resources. The City will invoice SMG 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 SMG's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. There will be no fee for rental of a portion of Bayfront Park. C. 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 SMG anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. Reimbursement for Damages 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 SMG, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give SMG an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing SMG for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide SMG'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 following the conclusion of the Event. SMG 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 turf or sod damage, SMG must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If SMG fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice SMG for any additional costs. Damages to City property will be billed at the City's cost of repair. 4 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide SMG'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. SMG will pay City's invoice for damages, within 30 days after City tenders the invoice to SMG's Agent, less any amount(s) SMG has disputed. 9. GENERAL PERMITS. SMG shall obtain necessary permits from City Departments, which may include those outlined below. A. Special Event Permit. SMG 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. SMG 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. Temporary Promotional Event Permit SMG will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event if needed. 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 SMG to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. SMG may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. SMG 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. SMG shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Additional Permits. SMG's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. E. Music and Movie Licenses. SMG 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. 5 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. SMG must comply with the 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. Event setup will not begin without the protection of traffic control devices. B. Parking. SMG 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. SMG'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 First Aid. SMG 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. SMG 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 SMG's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. 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 SMG provides the Parks Director prior written assurances that SMG will remedy said damages in accordance with §8 SMGS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. G. 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 Engineering, provided however, that no approval will be given if the work will require subsequent repairs by the City. H. Permissible Vendor Location Markings. No paint or semi-permanent 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 pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. SMG is responsible for trash pickup at the Event. SMG must require all food and beverage vendors to clean a designated zone adjacent to their respective 6 booths at regularly scheduled intervals. SMG 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 SMG and taken to a location designated by SMG. SMG mayhire 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 SMG'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 SMG. 12. RIGHT OF SMG TO USE PUBLIC STREETS. SMG 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 SMG with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. SMG must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. During Event hours, SMG agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD -designated liaison. Costs for the CCPD officers are covered in §8 SMG FINANCIAL OBLIGATIONS, above. However, the full costs for the liaison are to be invoiced separately to SMG. SMG may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. SMG will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign additional Police Officers to provide off-site crowd and traffic control for the Event beyond the boundaries of the Event and traffic control plans identified in this contract. The use of additional police officers will be billed at full cost and will be included in the final invoice. Event organizer will be informed if additional officers are needed. 15. SAFETY HAZARDS. SMG, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. SMG agrees to comply with attached insurance Exhibit D. In addition, SMG's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. SMG is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non - owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other 7 associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. SMG must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of SMG's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. SMG must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. SMG must require all volunteers to sign an accident waiver form that SMG must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, SMG must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, SMG must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -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 SMG. 17. INDEMNITY. SMG 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 part, by an act or omission, negligence, or misconduct on the part of SMG 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 Coastal Bender event and associated activities, with the expressed or implied invitation or permission of SMG, or when any injury or damage is the result, proximate or remote, of the violation by 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 contributory negligence or concurrent negligence of Indemnitees, but not if the damage or injury results from the sole negligence, gross negligence, or willful misconduct of Indemnitees. SMG covenants and agrees that if City is made a party to any litigation against SMG or in any litigation commenced by any party other than SMG relating to this SMG Lease Agreement, SMG shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 8 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: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to SMG: General Manager SMG 1901 N Shoreline Blvd Corpus Christi, TX 78401 19. ASSIGNMENT. SMG 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 SMG to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by SMG entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by SMG is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by SMG and the sums inure to the benefit of City as a set-off against any debt or liability of SMG 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 SMG by the City are compensation for provision of City services as described herein and for the right of SMG to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. SMG 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 required 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. SMG must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at SMG's sole expense and cost. 24. NON-DISCRIMINATION. SMG warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or 9 spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTERESTS. SMG agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. SMG agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. SMG agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review information on the City Secretary's website. 26. ENTIRETY CLAUSE. This Lease Agreement, the management agreement between the City and SMG dated December 8, 2017, and the incorporated and attached Exhibits constitute the entire Agreement between the City and SMG. 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 SMG'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. Agreed to by: ATTEST: CITY OF CORPUS CHRISTI Rebecca L. Huerta City Secretary Approved as to form: 1S111 By: Assistant City Attorney For the City Attorney Peter Zanoni City Manager 10 SMG Holdings, LLC, dba SMG Management, Inc. By: Name: w;IP 16tc.1 Title: G-6l/1CJ� kA145V Date: 1 C( 5(1 11 12 EXHIBIT A Description of Coastal Bender and related activities Coastal Bender - scheduled for August 1-4, 2019 — Coastal Bender is a fishing tournament that includes other elements to maximize interest in and attendance of the event. The three-day event will include an array of content true to the Texas Gulf Coast including a bar-b-que cookoff, Outdoor expo (boats, fishing and hunting), and a concert. SMG is working in partnership with Corpus Christi native Roger Creager, a well-known musician, who will play a key role in attracting artists, anglers, and fans to attend the event. The event name is being branded as `Roger Creager's Coastal Bender.' The event will take place on Shoreline Boulevard, including the barge dock, outside the American Bank Center as well as inside the Arena. 13 EXHIBIT B Dates of Coastal Bender: August 1 through 4, 2019 Set -Up: August 1 Take Down: August 4 14 EXHIBIT C Site Map and Description of City Property being Utilized. Specific site layout may be subject to change. Legend 1901 N Shoreline Blvd IF10",ii livl 500ft 15 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (SMG) 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 cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence 16 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 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 17 • 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 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. 2019 Insurance Requirements Legal Dept. SMG Lessee Agreement - Coastal Bender Event 07/09/2019 sw Risk Management ROGER CREAGER'S AUGUST 1 -4TH 2019 CORPUS CHRISTI, TX TIGHT LINES AND GOOD TIMES LOCATION: American Bank Center 1901 N Shoreline Blvd Corpus Christi, TX 78401 PARTNERS. Gulf Coast Tournament Association Captain Geoff Austin Roger Creager SMG °RESENTING SPONSOR: Gulf Coast Marine Corpus Christi native Roger Creager has always been a risk taker and an artist eager to display the various facets of his music. In 2019 he will showcase his latest creative endeavor, welcoming fellow artists, anglers and fans back to his hometown for his very own music festival and fishing tournament, appropriately dubbed "Roger Creager's Coastal Bender." The four-day event will include an array of content true to the Texas Gulf Coast and is sure to bring like-minded fans, friends and families together for an unforgettable weekend. The event will be held at the American Bank Center, overlooking the Corpus Christi Bay - with anglers hitting the water throughout the Coastal Bend. EVENT ie Q August 1st • Captains Meeting August 2nd and 3rd • Tournament fishing • Outdoor expo August 3rd • Concert August 4th • Outdoor expo and boat show • Recovery Brunch & Awards Presentation Website: www.coastalbendercc.com David Lee Murphy, Jack IngramSam Riggs, Shane Smith and the Saints. PROPOSED SET TIMELINE: TENATIVE 6:30p - 7p Concert Starts (Saturday) 7:15p 8p 8:20p - 9:10p 9:30p - 11 p 4 -"-IED TICKETING INFO: General Admission: $25 Week of General Admission: $30 GA purchasers will have complimentary access to event grounds & outdoor expo throughout the weekend. Parking Not Included. VIP: $75 VIP Purchasers will have access to exclusive concert viewing area, as well as complimentary access to event grounds & outdoor expo throughout the weekend. Each VIP will also receive an Anglers' ONLY Swag Bag with RC Merch. Parking included. ANGLER AND EXPO INFORMATION FISHING TOURNAMENT REGISTRATION: 1. Bay Division 2. Kayak Bay Division 3. Offshore Division 4. Offshore Kayak Division 5. Beach / Surf Division Early Bird (Before June 1): $199.00 per angler Regular Registration (June 1 - July 15): $250.00 per angler Late Registration (After July 15): $300.00 per angler • Free Parking on Site • Captain's Swag Bag • Complimentary Meals o Thursday: Captain's Dinner o Friday: Anglers' Only Tent o Saturday: Anglers' Only Tent o Sunday: Recovery Brunch & Award Presentation - Outdoor Expo Entry - VIP Access to Concert O(._JTflOOR = C. cOAS:, AI.. FIFN R 04. 0t { $5 Admission: @ Gates ONLY *Entry Included with Coastal Bender Weekend Pass *Entry Included with Angler Registration Coastal Bender Fishing Tournament & Festival August 1-4, 2019 Thursday, August 1, 2019 6:00am Vendor Booths / Festival Load -In Begins Arena 5:00pm Onsite Registration Opens Arena 6:00pm Silent Auction / Fish Pots Arena Concourse 6:30pm Participant Dinner / Opening Ceremony Begins Arena 7:00pm Private Performance /Celebrity Appearance Arena 8:00pm Captains Meeting Begins Arena 10:00pm Opening Ceremony / Captains Meeting Ends Arena Friday, August 2, 2019 5:00am Shotgun Start Barge Dock 5:00am Vendor Load -in / Set Up Begins Shoreline & Arena 6:00am Lines In 8:00am Driscoll Hopkins Youth Fishing Tournament Begins Barge Dock 10:00am Vendor Booths / Festival Open Shoreline & Arena 10:00am Driscoll Hopkins Youth Fishing Tournament Ends Barge Dock 3:00pm Weigh Station Opens Barge Dock - Angler Tent 4:00pm Lines Out 6:00pm Weigh Station Closes Barge Dock - Angler Tent 6:00pm Live Entertainment Artist #1 Begins Main Stage 7:00pm Participant Dinner/ Festivities Angler Tent on Shoreline Cul-de-sac 7:00pm Live Entertainment Artist #1 Ends Main Stage 7:00pm Emcee / Announcements Main Stage 7:15pm Live Entertainment Artist #2 Begins Main Stage 8:30pm Live Entertainment Artist #2 Ends Main Stage 8:30pm Emcee / Announcements Main Stage 8:45pm Live Entertainment Artist #3 Begins Main Stage 10:00pm Live Entertainment Artist #3 Ends Main Stage 10:00pm Vendor Booths / Festival Closes Shoreline & Arena Saturday, August 3, 2019 6:00am Lines in 8:00am Hook Spit Junior Anglers Sea Wall Tournament Begins Barge Dock 10:00am Vendor Booths / Festival Open Shoreline & Arena 10:00am Hook Spit Junior Anglers Sea Wall Tournament Ends Barge Dock 3:00pm Weigh Station Opens Barge Dock - Angler Tent 4:00pm Lines Out 6:00pm Weigh Station Closes Barge Dock - Angler Tent 6:30pm Concert Begins - Opener #1 Begins Main Stage 7:00pm Participant Dinner / Festivities Angler Tent on Shoreline Cul-de-sac 7:00pm Opener # 1 Ends Main Stage 7:15pm Opener # 2 Begins Main Stage 8:00pm Opener # 2 Ends Main Stage 8:20pm Opener # 3 Begins Main Stage 9:00pm Festival Closes Shoreline & Arena 9:10pm Opener # 3 Ends Main Stage 9:30pm Roger Creager Performance Begins Main Stage 11:00pm Concert Ends Main Stage Sunday, August 4, 2019 10:00am Vendor Booths / Festival Open Shoreline & Arena 10:00am Recovery Brunch Exhibit Hall 10:30am Silent Auction Closes 11:30am Auction Winners Announce Exhibit Hall 12:00pm Tournament Winners Announce / Awards Exhibit Hall 1:00pm Closing Ceremonies Exhibit Hall 3:00pm Vendor Booths / Festival Closes / Load -Out Begins Shoreline & Arena AGENDA MEMORANDUM First Reading for the City Council Meeting of July 23, 2019 Second Reading for the City Council Meeting of July 30, 2019 DATE: July 23, 2019 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Purchase of Seven Trucks for Gas Department CAPTION: Ordinance appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via GoodBuy Purchasing Cooperative for a total amount not to exceed $208,138.33. PURPOSE: This item is to approve the purchase of seven trucks for the Gas Department. BACKGROUND AND FINDINGS: The Gas Department has a requirement to purchase seven trucks; one 2020 Ford F450 Crew Cab and six 2019 Ford F150 Regular Cab. All trucks are replacement units for vehicles that are past their expected service life of seven years. Two trucks are 12 years old and five over 16 years old. These units are frequently out of service due to costly repairs and three of these units have been removed from service. Contracts awarded through the GoodBuy Cooperative have been competitively procured, and in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A 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: Gas Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,071,021.11 $0.00 $8,071,021.11 Encumbered / Expended Amount $7,332,643.94 $0.00 $7,332,643.94 This item $208,138.33 $0.00 $208,138.33 BALANCE $530,238.84 $0.00 $530,238.84 Comments: Appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5110 Fleet Maintenance Service 40120 Equipment Purchases - Fleet 202 Maintain the Fleet N/A 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Ordinance appropriating $208,138.33 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via GoodBuy Purchasing Cooperative for a total amount not to exceed $208,138.33. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $208,138.33 are appropriated from the Fleet Fund Future Replacement Reserve and appropriated in the Equipment Purchase expenditure Org. 40120 in Fleet Fund No. 5110 for the purchase of seven trucks from Silsbee Ford. SECTION 2. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $208,138.33. SECTION 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase seven trucks from Silsbee Ford of Silsbee, Texas, based on the cooperative purchasing agreement with GoodBuy Purchasing Cooperative, for a total amount not to exceed $208,138.33. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor City of Corpus Christi Contracts & Procurement Buyer: Cynthia Perez Price Sheet Trucks for Gas Department Contract - Good buy 19-8F000 Silsbee Ford 5iisbee, i exas ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2020 Ford F450 Crew Cab Upgrade 1 $61,352.83 $61,352.83 2 2019 Ford F-150 Regular Cab 6 $24,464.25 $146,785.50 $ 208,138.33 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 13, 2019 DATE: TO: July 19, 2019 Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Master Services Agreements Geotechnical and Construction Materials Testing CAPTION: Motion awarding three (3) separate two-year Master Services Agreements (MSAs) with Professional Service Industries, Rock Engineering & Testing Laboratory, and Terracon Consultants, Inc., up to the amount of $1,000,000 each to provide geotechnical engineering and construction materials testing for various Bond and CIP projects with funds available from Street Bonds 2012, 2014, 2016 and 2018, Street Operations and various Utility funds as required. PURPOSE: The purpose of this agenda item is to approve three MSAs with Professional Service Industries, Rock Engineering & Testing Laboratory, and Terracon Consultants, Inc., for up to $1,000,000 each. BACKGROUND AND FINDINGS: The Master Service Agreement (MSA) is a type of contract where work is accomplished by multiple Task Orders (TOs) under a blanket set of terms & conditions and a fee rate sheet for standard services and equipment. Engineering Services typically uses MSA's for professional services. The MSA allows the City to individually administer TOs for different scopes of work under agreed rates. Historically, individual testing contracts have been executed for each capital project. Using MSA's is a more efficient method to procure the specified professional services and reduces overhead and administrative effort. The contracts are limited by the stipulated contract term and not -to -exceed contract amounts On January 16, 2018, City Council approved an MSA with Professional Service Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers, Inc., in the amount of $800,000 each for a 2 -year duration. Prior to 2018, only a single firm was selected. The number of engineers was increased to three to meet the increased workload of the ongoing Capital Improvement Program (CIP), Bond Programs, and Operational & Maintenance (O&M) Projects for streets, utilities, airport, marina, facilities, etc. Those contracts are reaching the contract limits and new contracts are required for improvements planned for the streets, utilities, airport, parks and recreation, fire and police and other Project No.: 19055A/19056A/19057A 1 MA/GH Legistar No.: 19-0919 Rev. 3 — 07/19/19 City assets. The following is the summary of the three existing contracts: Firm 2 -Year Contract Cumulative ($800,000 each) Remaining Balance Rock Engineering $707,008 $92,992 Intertek-PSI $771,648 $28,352 Tolunay Wong $631,527 $168,473 This item is for new MSAs for professional services with three geotechnical engineering firms needed for continuing Capital Improvement Plan and Bond initiatives. The following is a summary of the respective services: • Geotechnical investigations determine the geologic, seismologic, and soil conditions that affect the safety, cost effectiveness, design, and execution of a proposed engineering project. The investigations and analysis are critical to minimize the required foundations and structural requirements and to avoid costly construction changes, post -construction remedial work, and even failure of a structure. • Construction material testing verifies the material characteristics and strengths for soils, admixtures, lime stabilization, aggregates, geotextiles, select fill, paving materials (concrete & asphalt), rebar and other materials incorporated into the various street and utility projects. Material testing is critical to avoid premature failures of the utilities, roadways, building foundations, etc. The proposed MSA's are for a 2 -year term, with no extensions or renewals, not to exceed amounts of $1,000,000 for each firm. Three of four firms were selected from the RFQ No. 2019-01 to ensure adequate capacity and responsiveness to support the approved CIP, Bond and O&M projects. Individual task orders will be developed with scope and fee for each TO that will be administratively authorized by City Manager, or designee. The projected fees were based on approximately 1% of the projected construction budgets for planned CIP, Bond and operational projects during the contract performance period. Actual fees will be based on the established contract rates and scope. ALTERNATIVES: 1. Execute Master Services Agreements as proposed. (Recommended) 2. Do not execute Master Services Agreements. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The MSAs and selection process comply with the Professional Procurement Act and City Policy. The firms were selected experience and qualifications under RFQ No. 2019-01 dated April 12, 2019. The RFQ process considered 5 Evaluation Factors (Criteria) below. A. Experience and Qualifications of Firm (Maximum of 20 points) B. Experience and Qualifications of the Project Manager (Maximum 20 points) C. Project Approach/Management Plan (Maximum 20 points) D. Capacity (Maximum 20 points) Project No.: 19055A/19056A/19057A 2 MA/GH Legistar No.: 19-0919 Rev. 3 — 07/19/19 E. Past Performance (Maximum 20 points) The top three firms scored approximately 90% of the possible 100 points, the remaining firm scored approximately 85%. A three-person selection committee with representatives from Utilities and Engineering Services completed the evaluations and scoring for the Geotechnical Firms. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: 7 Operating Revenue 7 Capital ❑ Not applicable Fiscal Year 2019-2020 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 1,576,000.00 1,576,000.00 3,152,000.00 Encumbered/Expended Amount This item 1,500,000.00 1,500,000.00 3,000,000.00 Future Anticipated Expenditures This Project 76,000.00 76,000.00 152,000.00 BALANCE 0 0 0 Fund(s): Various as determined by project type RECOMMENDATION: Staff recommends approval of three MSAs with Professional Service Industries, Rock Engineering & Testing Laboratory, and Terracon Consultants, Inc., in the amount of $1,000,000 each for the duration of the individual agreement of two years. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Master Services Agreement Professional Service Industries Master Services Agreement Rock Engineering & Testing Laboratory Master Services Agreement Terracon Consultants, Inc. Presentation Project No.: 19055A/19056A/19057A 3 MA/GH Legistar No.: 19-0919 Rev. 3 — 07/19/19 PROJECT BUDGET ESTIMATE Geotechnical and Construction Materials Testing Master Services Agreements FUNDS AVAILABLE: Various (Programmed within each project budget) 3,152,000 TOTAL FUNDS AVAILABLE 3,152,000 FUNDS REQUIRED: Construction Fees. Construction N/A Contingency (10%) N/A N/A Construction Inspection and Testing Fees. N/A Construction Inspection N/A Construction Phase - Materials Testing Services N/A AE Contracts Geotechnical & Constr. Materials Testing THIS ITEM 3,000,000 Master Services Agreement (Professional Services Industries) 1,000,000 Master Services Agreement (Rock Engineering & Testing Laboratory) 1,000,000 Master Services Agreement (Terracon Consultants, Inc.) 1,000,000 Reimbursements. 152,000 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 60,000 Engineering Services (Project Mgt/Constr Mgt) 90,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 3,152,000 ESTIMATED PROJECT BUDGET BALANCE 0 CITYWIDE PROJECT SCALE: N.T.S. CORPUS CHRISR RAY LOCATION MAP NOT TO SCALE CITYWIDE MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Master Services Agreements Geotechnical Investigations and Construction Materials Testing Council Presentation July 30, 2019 Master Service Agreements Geotechnical & Construction Materials Testing Corpus chr sti Engineering MASTER SERVICE AGREEMENTS (MSAs) (RFQ No. 2019-01) R NOT -TO -EXCEED AMOUNT 1. Professional Service Industries, Inc. $ 1,000,000 2. Rock Engineering & Testing, Inc. $ 1,000,000 3. Terracon Consultants, Inc. TOTAL AMOUNT $ 1,000,000 $ 3,000,000 Project Location Corpus Chr "O Corpus CITYWIDE MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING 3 Project Scope Corpus Chir sti Engineering Three Master Services Agreements (MSAs) for geotechnical investigations and material testing as follows: • Each MSA not to exceed $1,000,000 • Two-year base term with no extensions or renewals • Individual Task Orders (TO) with scope and fee per project • TO scope and fee negotiated and administratively authorized by the City Manager, or designee Project SCOrJ2 (Continued) Corpus Chir sti Engineering This item is for new MSAs for professional services for geotechnical and material testing required for continuing Capital Improvement Plan and Bond initiatives. The following is a summary of the respective services: > Geotechnical investigations and analysis is critical to minimize the required foundations and structural requirements and to avoid costly construction changes, post -construction remedial work, and even failure of a structure. > Construction material testing is critical to avoid premature failures of the utilities, roadways, building foundations, etc. The tests verify the material characteristics and strengths for soils, admixtures, lime stabilization, aggregates, geotextiles, select fill, paving materials (concrete & asphalt), rebar and other materials incorporated into the various street and utility projects. Corpus Christi Engineering Questions? 6 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING PROJECT NO. 19055A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Professional Service Industries, Inc., a Texas Corporation, 810 South Padre Island Drive, Corpus Christi, Texas 78416 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III INSURANCE REQUIREMENTS 3 ARTICLE IV INDEMNIFICATION 3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE 3 ARTICLE VI TERMINATION OF AGREEMENT 3 ARTICLE VII RIGHT OF REVIEW AND AUDIT 4 ARTICLE VIII MISCELLANEOUS PROVISIONS 4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Master Services Agreement Page 1 of 6 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE II — COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $1,000,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not -to -exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory, and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims Master Services Agreement Page 2 of 6 procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV - INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE V — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The initial term of this Agreement shall be two (2) years from the Effective Date. Thereafter, this Agreement Master Services Agreement Page 3 of 6 may be renewed for up to two (2) additional twelve (12) month 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 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI - TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general 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, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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 Master Services Agreement Page 4 of 6 of this Agreement, including contract documents (plans and specifications), drawings, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_formI295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 8.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 8.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, Master Services Agreement Page 5 of 6 shall not affect or prejudice in any way the validity of this Agreement in any other instance. 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in the Lab's Response to the City's Request for Qualifications No. 2019-01 r or in any other document prepared by Lab and i:nciuded herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order sham take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI PROFESSIONAL SERVICE INDUSTRIES, INC. 6,-25-2,0)9 Jeff H. Edmonds, P. E. Date Steptt Spencer Date Director of Engineering Services Branch Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office APPROVED AS TO LEGAL FORM stephen.spencer@intertek.com Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Funding info is N/A at this time. Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category NIA Fund Name N/A Master Services Agreement Page 6 of 6 EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Exhibit A Page 1 of 5 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Exhibit A Page 2 of 5 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. Exhibit A Page 3 of 5 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. Exhibit A Page 4 of 5 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. Exhibit A Page 5 of 5 EXHIBIT B TASK ORDER NO. This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and Professional Service Industries, Inc., (Lab) dated Month XX, 2019 by Motion No. M2019 -XXX (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. MSA PROJECT NUMBER/NAME: 19055A Geotechnical and Construction Materials Testing TASK ORDER PROJECT NUMBER/NAME: 19055# Geotechnical and Construction Materials Testing 1. PROJECT DESCRIPTION: Project Number and Name 2. SCOPE OF SERVICES — GeoTech and/or Construction Material Services to observe, test and report for the Project Name project, and as more fully described in Exhibit A. 3. COMPENSATION — The total amount not to exceed for this Task Order only is $0.00. This Task Order is approved, and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI PROFESSIONAL SERVICE INDUSTRIES, INC. Jeff H. Edmonds, P.E. Date Stephen Spencer Director of Engineering Services Branch Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office Stephen.spencer@intertek.com Date Exhibit B Page 1 of 2 Project Number: Accounting Unit: Account: Activity: Account Category: Fund Name: Amount: $ Exhibit B Page 2 of 2 PROPOSAL ATTACHED intertek PSI June 20, 2019 City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Email: Phone: Re: Professional Service Industries, Inc. (PSI) Tel +1 361 854 4801 810 South Padre Island Drive Fax +1 361 854 6049 Corpus Christi, Texas 78416 intertek.com/building Jeffrey Edmonds, PE (Director of Engineering Services) JeffreyE@cctexas.com (361) 826-3851 Proposal for Geotechnical and Construction Materials Testing and Observation Services 2020/2021 City of Corpus Christi Master Service Agreement Corpus Christi, TX Dear Mr. Edmonds, Professional Service Industries, Inc. (PSI) would like to express our interest in the above referenced Master Service Agreement, and is pleased to submit this unit fee proposal for performing the Geotechnical and Construction Materials Testing and Observation Services under a Master Service Agreement with the City of Corpus Christi for various city projects for the years 2020 & 2021. PSI proposes to provide experienced, technical personnel to perform geotechnical services and construction materials and testing services as scheduled by your representative and in general accordance with project specifications. PSI has the technical capabilities, personnel and equipment resources, and local expertise to provide you with geotechnical and materials testing and observation services. PSI has licensed, registered, and certified professionals, and offers the comfort of using one of America's largest and respected engineering companies. PSI proposed to perform the geotechnical and construction materials and testing services based upon the attached schedule of services and fees. PSI's fees will be determined by the actual amount of technical time and materials expended on the proposed various projects and the amount of laboratory testing performed. We understand PSI's total fees for the various city projects for years 2020 and 2021 under the Master Service Agreement are not to exceed $1,000,000.00. We will commence work upon receipt of a fully executed copy of the Master Service Agreement with the City of Corpus Christi. We look forward to providing our services during construction of the above referenced projects. Please do not hesitate to contact our office with any questions or concerns. Respectfully submitted, Professional Service Industries, Inc. .25 Stephen Spencer Branch Manager Attachments: Schedule of Services and Fees 0 Felix Ovalle Project Manager Construction Services CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING PROJECT NO. 19056A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Rock Engineering & Testing Laboratory, Inc., a Texas Corporation, 6817 Leopard Street, Corpus Christi, Texas 78409 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III INSURANCE REQUIREMENTS 3 ARTICLE IV INDEMNIFICATION 3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE 3 ARTICLE VI TERMINATION OF AGREEMENT 3 ARTICLE VII RIGHT OF REVIEW AND AUDIT 4 ARTICLE VIII MISCELLANEOUS PROVISIONS 4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Master Services Agreement Page 1 of 6 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE II — COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $1,000,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not -to -exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory, and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. Master Services Agreement Page 2 of 6 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV - INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE V — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The ie+fia4 term of this Agreement shall be two (2) years from the Effective Date. Thereafter, this Agreement may be renewed for up to two (2) additional twelve (12) month 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 Master Services Agreement Page 3 of 6 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI - TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general 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, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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, test results and submittal data. Lab may retain a copy for its files. Master Services Agreement Page 4 of 6 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_formI295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httDs://www.ethics.state.tx.us/legal/ch46.html. 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 8.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 8.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Master Services Agreement Page 5 of 6 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in the Lab's Response to the City's Request for Qualifications No. 2019-01, or in any other document prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LARATORY, INC. Jeff H. Edmonds, P. E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary urtis A. Ch f3perating O fieer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office curtis@rocktesting.com Funding info is N/A at this time. Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A Date Master Services Agreement Page 6 of 6 EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Exhibit A Page 1 of 5 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Exhibit A Page 2 of 5 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. Exhibit A Page 3 of 5 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. Exhibit A Page 4 of 5 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. Exhibit A Page 5 of 5 EXHIBIT B TASK ORDER NO. This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and Rock Engineering & Testing Laboratory, Inc., (Lab) dated Month XX, 2019 by Motion No. M2019 -XXX (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. MSA PROJECT NUMBER/NAME: 19056A Geotechnical and Construction Materials Testing TASK ORDER PROJECT NUMBER/NAME: 19056# Geotechnical and Construction Materials Testing 1. PROJECT DESCRIPTION: Project Number and Name 2. SCOPE OF SERVICES — GeoTech and/or Construction Material Services to observe, test and report for the Project Name project, and as more fully described in Exhibit A. 3. COMPENSATION — The total amount not to exceed for this Task Order only is $0.00. This Task Order is approved, and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. Jeff H. Edmonds, P. E. Date Curtis A. Rock, Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office curtis@rocktesting.com Date Exhibit B Page 1 of 2 Project Number: Accounting Unit: Account: Activity: Account Category: Fund Name: Amount: $ Exhibit B Page 2 of 2 PROPOSAL ATTACHED Thursday, June 20, 2019 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING & TESTING SOILS • ASPHALT • CONCRETE SUBJECT: GEOTECHNICAL AND CONSTRUCTION AND MATERIALS TESTING FOR YEARS 2019 AND 20202 FOR THE CITY OF CORPUS CHRISTI RETL Proposal Number: P062019B (19056A) Dear Mr. Edmonds, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to provide Geotechnical and Construction and Materials Testing Services for the above referenced project, We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The proposed Not to Exceed amount furnished by the City of Corpus Christi for years 2019 and 2020 projects is $1,000,000.00. Requested services beyond this proposed amount will be billed based on the unit rates contained herein. This proposal does not include project management by Rock Engineering and Testing Laboratory Inc. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules. RETL appreciates your consideration of our firm to assist you during the geotechnical and construction phases of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement. Please do not hesitate to contact me at (361) 883-4555 extension 427 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Curtis Rock Chief Administrative Officer ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING PROJECT NO. 19057A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Terracon Consultants, Inc., a Delaware Corporation, 3606 WOW Rd., Corpus Christi, TX., 78413 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III INSURANCE REQUIREMENTS 3 ARTICLE IV INDEMNIFICATION 3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE 3 ARTICLE VI TERMINATION OF AGREEMENT 3 ARTICLE VII RIGHT OF REVIEW AND AUDIT 4 ARTICLE VIII MISCELLANEOUS PROVISIONS 4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Master Services Agreement Page 1 of 6 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE II — COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $1,000,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not -to -exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory, and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims Master Services Agreement Page 2 of 6 procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV - INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE V — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The initial term of this Agreement shall be two (2) years from the Effective Date. Thereafter, this Agreement Master Services Agreement Page 3 of 6 may be renewed for up to two (2) additional twelve (12) month 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 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI - TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general 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, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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 Master Services Agreement Page 4 of 6 of this Agreement, including contract documents (plans and specifications), drawings, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 8.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 8.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Master Services Agreement Page 5 of 6 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in the Lab's Response to the City's Request for Qualifications No. 2019-01, or in any other document prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI TERRACON CONSULTANTS, INC. Director of Engineering Services Office Manager 3606 WOW Road Corpus Christi, TX 78413 (361) 420-6023 Office APPROVED AS TO LEGAL FORM tom.barker@terracon.com aB//(e' Jeff H. Edmonds, P. E. Date Tom rke Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Funding info is N/A at this time. Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A Master Services Agreement Page 6 of 6 EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Exhibit A Page 1 of 5 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Exhibit A Page 2 of 5 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. Exhibit A Page 3 of 5 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. Exhibit A Page 4 of 5 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. Exhibit A Page 5 of 5 EXHIBIT B TASK ORDER NO. This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and Terracon Consultants , Inc., (Lab) dated Month XX, 2019 by Motion No. M2019 -XXX (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. MSA PROJECT NUMBER/NAME: 19057A Geotechnical and Construction Materials Testing TASK ORDER PROJECT NUMBER/NAME: 19057# Geotechnical and Construction Materials Testing 1. PROJECT DESCRIPTION: Project Number and Name 2. SCOPE OF SERVICES — GeoTech and/or Construction Material Services to observe, test and report for the Project Name project, and as more fully described in Exhibit A. 3. COMPENSATION — The total amount not to exceed for this Task Order only is $0.00. This Task Order is approved, and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI TERRACON CONSULTANTS, INC. Jeff H. Edmonds, P. E. Date Tom Barker Director of Engineering Services Office Manager 3606 WOW Road Corpus Christi, TX 78413 (361) 420-6023 Office tom.barker@terracon.com Date Exhibit B Page 1 of 2 Project Number: Accounting Unit: Account: Activity: Account Category: Fund Name: Amount: $ Exhibit B Page 2 of 2 PROPOSAL ATTACHED lrerracon June 20, 2019 Ms. Marisa Alaniz, EIT City of Corpus Christi Engineering Services Department 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 Re: Letter of Intent, Geotechnical and Materials' Testing Services Dear Ms. Alaniz, As per your request, Terracon is pleased to submit this Letter of Intent to provide Geotechnical and Materials' Testing Services to the City of Corpus Christi (City) on projects to be determined by the City under a forthcoming Master Services Agreement for an amount not to exceed $1,000,000. We have attached the 2019 unit rate sheets for both Geotechnical and Materials' Testing for your review. We are excited about the opportunity to assist the City on future projects and look forward to working with your staff. Please feel free to contact me with any questions you may have. Sincerely, Tom Barker Office Manager Terracon AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2019 DATE: TO: June 4, 2019 Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Amendment Utility Rate Model Analysis and Implementation (Utilities Operational) CAPTION: Motion approving Amendment No. 1 to a contract with HDR, Inc. of Austin, Texas for development of a new utility rate model in the amount of $91,000 for a total not to exceed of $134,400.00 with two optional 1 -year technical support renewals for $49,500.00 each to be approved administratively for a total contract cost of $233,400.00 for the Utility Rate Model Analysis and Implementation project with funding available from Water Utilities Operations Budget. PURPOSE: This contract provides professional design services to evaluate and recommend updates to the utility rate model and utility rates for water, wastewater, stormwater, and gas based on current costs and revenue requirements. BACKGROUND AND FINDINGS: The current utility rate model was developed in Microsoft Excel with tables and custom macros in the early 2000's that make updates to the rate model inputs difficult and cumbersome. This project will take advantage of the advances in computer technology and application software to update the rate model for more accurate predictions in a more user-friendly software. The utility rate model is primarily based on the historic and future projected costs for Operations and Maintenance (O&M) and Capital Improvement Program (CIP) projects combined with annual revenues and debt obligations. The rate model inputs also include the projected population Project No: 18159A 1 AB/CJ Legistar No.: 19-0832 Rev. 2 — 6/05/2019 growth, industrial and commercial growth, residential land development, resource conservation efforts, and regulatory requirements. The utilities and utility resources to be evaluated include: • Water supply conservation and sustainability initiatives • Emerging water resources such as desalination, reuse, and aquifer storage recovery • Water transmission, treatment, and distribution • Wastewater collection, treatment, and sanitary sewer overflow prevention • Stormwater collection, pumping, and pollution prevention • Gas supply and distribution ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: HDR was selected for this project in February 2019 under RFQ No. 2018-10. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Program (CIP) Budget. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital El Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 142,000 142,000 Encumbered / Expended Amount 43,400 43,400 This item 91,000 91,000 Future Anticipated Expenditures This Project 7,600 7,600 BALANCE 0 0 Funds: Water Operations Fund 4010 Project No: 18159A Legistar No.: 19-0832 2 AB/CJ Rev. 2 — 6/05/2019 FUNDING DETAIL: Fund Name: Water Fund Fund Number: 4010-30000-041 Account: Professional Services 530000 Activity: 18159 -A -4010 -EXP RECOMMENDATION: Staff recommends approval of the professional services contract amendment with HDR, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Presentation Amendment No. 1 Project No: 18159A 3 AB/CJ Legistar No.: 19-0832 Rev. 2 — 6/05/2019 PROJECT BUDGET ESTIMATE Utility Rate Model Analysis and Implementation FY 2019 PROJECT FUNDS AVAILABLE: Water Operations 93,800 Wastewater Operations 48,320 TOTAL FUNDS AVAILABLE 142,120 FUNDS REQUIRED: Professional Services Fees. 134,400 Rate Model Implementation (HDR Engineering) THIS ITEM 91,000 Water Operations 60,060 Wastewater Operations 30,940 Preliminary Engineering (HDR Engineering) 43,400 Reimbursement Fees. 7,720 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 2,688 Engineering Services (Project Mgt) 4,032 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 142,120 ESTIMATED PROJECT BUDGET BALANCE to Corpus Chr sti Engineering Utility Rate Model Analysis and Implementation (Utilities Operational) Council Presentation July 23, 2019 Project Scope Corpus Chir sti Engineering This item provides updates to utility rate model to align revenues and costs associated with operation and growing demand. Utilities include: • Water supply conservation and sustainability initiatives • Emerging water resources (desalination, reuse, and aquifer storage recovery, etc.) • Water transmission, treatment, and distribution • Wastewater collection, treatment, and sanitary sewer overflow prevention • Stormwater collection, pumping, and pollution prevention • Gas supply and distribution Engineer will perform the following tasks: • Collect and analyze data on consumption, O&M, CIP, and debt service • Develop of revenue requirements for each utility • Define utility cost centers and customer classes for a fair and equitable cost sharing • Analyze, define, and align cost centers such as supply, treatment, transmission, and distribution for water, wastewater, storm water and gas • Develop and implement a new utility rate model • Provide training and technical support to the City on as -needed basis • Provide annual updates if required and authorized Project Schedule Corpus Carr sti Engineering 2019 20 Aug Sep Oct Nov Dec Jan ate Mo mp1emen tatio Professional Services Duration: 180 Calendar Days = 6 months Projected schedule reflects City Council award in July 2019 with anticipated completion by January 2020 Corpus Chir sti Engineering Questions? CITY OF CORPUS CHRISTI Amendment No. 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18159A - Utility Rate Model Development 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, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (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 necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit -D, 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 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 $91,000 for a total not to exceed amount of $134,400. 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 in compliance with the Texas Prompt Payment Act. 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 BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 1 (one) year beginning on the Effective Date. The Agreement may be renewed for up to 2 (two) 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. 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 maybe 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) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; 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 contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. 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 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.12 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, Contract for Professional Services Page 10 of 11 sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.13 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. 13.14 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. Jeff H. Edmonds, P.E. Date ShayRalls Roalson Director of Engineering Services Vice President APPROVED Assistant City Attorney Date ATTEST City Secretary Date June 6, 2019 Date 4401 West Gate Boulevard, Suite 400 Austin, Texas 78745 (512) 912-5100 Office Grady.reed@hdrinc.com Fund Name Accounting Unit Accou nt No. Activity No. Amount Water 4010-30000-041 530000 18159 -A -4010 -EXP $60,060.00 Wastewater 4200-33000-042 530000 18159 -A -4200 -EXP $30,940.00 Total $91,000.00 Contract for Professional Services Page 11 of 11 Attachment A Scope of Professional Services for UTILITY RATE MODEL ANALYSIS AND IMPLEMENTATION (PROJECT NO. 18159A) Amendment to Project 18159A May 1, 2019 HDR Engineering, Inc. (HDR) has been selected by staff of the City of Corpus Christi (City) to develop a new utility rate model for the City. This model will encompass the water, wastewater, stormwater and gas utilities. This model development will occur through two contracts. The first contract executed February 4, 2019, allowed for preliminary work to update the current rate model, including working with the City to determine future financial policies and determine what data the City can provide; and using the current rate model to recommend water and wastewater rates for 2020. This second contract's scope of work directs HDR to develop a new utility rate model with a focus on user-friendly features. The following detailed scope of work, fee, and schedule is proposed by HDR to perform the desired professional services. This Scope of Work represents the second and final phase of this project. SCOPE OF SERVICES (BASE YEAR) TASK 1— DATA COLLECTION HDR will continue to work with City staff to collect data required to update the utility rate model. This data will include consumption data, water loss information, operation and maintenance expenses, debt service information, a capital improvements plan (developed by the City) and data needed for the "true -up" within the model. TASK 2— REVENUE REQUIREMENT ANALYSIS In this task, HDR will develop the revenue requirement analyses for each utility, which is the first major analytical portion of the comprehensive rate study process. This portion of the study entails reviewing, for each utility, the various sources of funds (revenues) and comparing them to the applications of funds (expenses) for the utility. This task considers the prudent and proper funding for O&M and capital expenditures for each utility, and determines the need for rate adjustments over the time period selected. A more detailed discussion of the various steps involved in developing the City's revenue requirements for each utility is provided below. Step 1– Selection of a Test Period – A "test period" refers to a time frame of reference for the accumulation of revenues, expenses and consumption data. In this case, a 10 -year projected time period is proposed. By reviewing costs over this extended time frame, the City can determine if EXHIBIT A Page 1 of 6 steps are needed today to help minimize future impacts (e.g., rate adjustment transition, accumulation of capital reserves, etc.). Step 2 — Accumulation of Revenues and Expenses — Once the test period has been determined, the test period revenue requirements will be developed for each utility. These will be developed in conjunction with the City management and staff. Revenue requirements are composed of two major types of costs: operational and capital expenses. In projecting revenues, the City's historical billing records (sales and revenues) are used as a starting point and a projection of future sales (e.g., demands, flows, loads) is developed. We will work closely with the City to develop a revenue forecast for each utility for the projected test period. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for known changes in operations (e.g., additional personnel, growth/expansion, etc.). While the projection of the operational costs is fairly straightforward, the capital cost projections are generally the focus of the analysis, and require more thought and planning. Within this study, the starting point for projecting capital costs (expenditures) will be the City's capital improvements plans for each utility, or other relevant capital planning and capital budgeting documents. In the financial planning process, consideration must be given to maximizing the capital improvements (expenditures) for the system, while minimizing rates to its customers. Step 3 — Review of Initial Results — During the development of the revenue requirements, HDR will meet with the City to review the draft analysis, confirm the data inputs and assumptions with the City and discuss the preliminary draft results. A key objective of this review process is to help City management and staff understand the approach and methodology used by HDR to develop the analysis as well as key assumptions. In summary, given a better understanding of the overall magnitude of the needed capital projects, a final financing plan for each utility can be developed which meets the City's goals and objectives for each utility, while attempting to minimize rates and costs over time, to the degree possible. TASK 3 — COST OF SERVICE ANALYSIS Given the results of the revenue requirements, the City's utility costs will be allocated to the various customer classes of service using an average embedded cost of service methodology. In simplified terms, a cost of service study attempts to equitably allocate the revenue requirements of each utility between the various customer classes of service (e.g., residential, commercial, wholesale, etc.). A brief discussion of the key steps associated with a cost of serve analysis is provided below. This task will focus on the City's water utility. This utility services a wide range of customer from residential retail to large industrial retail. In addition to the City's retail customers, the City also has varying arrangements to provide service to several wholesale customers. It is anticipated, the cost of providing water service will be allocated to functional components of EXHIBIT A Page 2 of 6 the system (i.e., supply, treatment, transmission, distribution, etc.) allowing those costs to be summed as appropriate to determine the cost of service for each customer type served by the City. The costs for the remaining utilities (wastewater, gas, and stormwater) will be allocated out to functional cost centers as required for rate setting. For example, the cost to treat high strength wastewater will be allocated to those high strength customers in order to provide an updated high strength charge. Step 1— Selection of the Methodology for Accumulating Cost — There are two generally accepted methods for accumulating costs —the "cash basis" and the "utility basis." Similar to the development of the revenue requirements, the cost of service will utilize the "cash basis" methodology. Step 2 — Functionalization and Classification of Expenses — Functionalization refers to the arrangement of cost data into its basic cost categories (e.g., for the water utility, source of supply, treatment, transmission, distribution, etc.). Given functionalized costs, the costs are then classified to their various cost components. Step 3 — Determining of Classes of Service — The process of establishing classes of service is to group customers into similar groups (e.g., residential, commercial, etc.). HDR will review the classes of service that are currently used by the utilities and recommended changes needed. Step 4 — Allocation of Expense — Once the classes of service have been determined, the process of developing allocation factors is undertaken. In developing the allocation factors, HDR will develop factors that are "fair and equitable" to all customers and rely upon utility specific data where available. TASK 4 — RATE DESIGN ANALYSIS As a part of this task, the City's present rate designs for each utility will be reviewed to compare conformance to contemporary rate setting goals and objectives. For each rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the potential impacts to a wide variety of customers. TASK 5 — WRITTEN REPORTS Upon completion of the rate analysis, HDR will develop a draft written report of the rate study. The written reports are intended to be comprehensive in nature and document the activities undertaken as a part of the project, along with our findings, conclusions and recommendations. This draft report will also be discussed during a Submittal Workshop where HDR will walk the City team through the findings and point out areas that may need further attention. Once comments have been received on the draft report, a final report will be issued. In addition, a "User's Manual" will also be developed as part of this study. The "User's Manual" will not be an all-inclusive guide to the rate model, but will provide a summary of the model's features and outline how to accomplish specific tasks within the rate model such as how to update the Capital Improvements Table and then see the rate impacts. EXHIBIT A Page 3 of 6 TASK 6 — MEETINGS/WORKSHOPS/PUBLIC PRESENTATIONS It is anticipated that HDR will conduct in person meetings with the City on a monthly basis. In addition to the monthly meetings, it is anticipated that five other meetings will occur with City staff to review the rate model and/or to meet with the City's Utility Committee. TASK 7 — COMPUTER MODELS & TRAINING Financial, cost of service and rate design models developed as a part of this study will be provided at the end of the study. Models will be developed in Microsoft Excel. At the conclusion of the study HDR will provide a one -day training workshop on the developed rate model. Topics covered will include running different scenarios within the rate model, updating the CIP within the rate model, and changing rate structures within the rate model. TASK 8 — ADDITIONAL SUPPORT This task will provide additional support on an as -needed basis, including but not limited to providing support for City Council presentations and running alternative rate scenarios to determine the cost impact of future water supply sources. Key Understanding: HDR's services do not include (1) serving as a "municipal advisor" for purposes of the registration requirements on Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising the City, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, include advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. SCOPE OF SERVICES (OPTIONAL ANNUAL TECHNICAL SUPPORT) Typical tasks included in the annual technical support include updating the rate model with the most recent use and financial data. This task may also include providing changes to the model as needed. The exact scope of services will be established if and when the optional amendment is exercised. EXHIBIT A Page 4 of 6 SCHEDULE (BASE YEAR) HDR proposes the following schedule. The ability to meet this schedule will be subject to being able to schedule meetings with City staff in a timely manner. Task Number Task Name Expected Completion Date Contract Execution - Notice to Proceed (NTP) TBD 1 Data Collection 4 weeks after NTP 2 Revenue Requirement Analysis 2 weeks after NTP 3 Cost of Service Analysis 4 weeks after NTP 4 Rate Design Analysis 5 weeks after NTP 5 Written Reports 3 months after NTP 6 Meeting/Workshops/Public Presentations Ongoing 7 Computer Models & Training 4 months after NTP 8 _ Additional Support Ongoing PROPOSED FEE HDR proposes a fee of $91,000 to complete the base year portion of the project, on a time and materials basis and not to be exceeded without advanced written authorization of the City. A breakdown of these costs is shown in the following table. Additional effort or meetings can be provided for on an hourly basis at the appropriate billing rates included in the contract. HDR will use the latest available rate sheet approved for work with the City of Corpus Christi (Attachment B). Invoices will be developed using the approved fully loaded labor rates times the numbers of hours charged to the project. The amount of any individual task is not a limitation as long as the total does not exceed $91,000 for the contract. This project is intended to be a base 1 -yr contract of $91,000 with two (2) optional 1 -yr renewals of $49,500. All Task Authorizations and renewals will be issued administratively, subject to satisfactory consultant performance and availability of funds. EXHIBIT A Page 5 of 6 PROPOSED FEE CORPUS CHRISTI RATE MODEL DEVELOPMENT (Phase 2) A. LABOR EXPENSES Activity Hourly Elton Total Servet Financial Junior Analyst/ Financial Administrativ' Proi Mgr QA QC Analyst a Support Total Hours Cost Task 1 — Data Collection Task 2 - Revenue Requirement Analysis Task 3 - Cost of Service Analysis Task 4 - Rate Design Analysis Task 5 - Written Reports ,Task 6 - Meetings/Workshops/Public Presentations Task 7 - Computer Models & Training Task 8 - Additional Support B. NON -LABOR EXPENSES Item 32 0 10.0 4 0 45.0 5 8,925 40 0 20 0 20.0 d 0 84.0 5 15,044 40 0 20.0 20.0 4 0 64 0 5 13,044 400 100 40 540, $ 10.501 40.0 4.0 - 40 480 5 9,174 40.0 4.0 49 480 5 9,174 32.0 10.0 20.0 20.0 82 0 S 12,912 40.0 - - 40.0 5 7,876 Total Lat)or Hours 304 0 78.0 50 0 44.0 486 0 Total Labor Expense 5 88,649 Unit Total Quantity Price Cost Travel (Local from San Marcos) 10 trips $ 235 pertnp S 2.351 Total Non -Labor Expenaas C. SUBTOTAL BASE YEAR D. YEAR 2 TOTAL E. YEAR 3 TOTAL 5 2.351 S 91,000 S 49,500 $ 49,500 F. TOTAL CONTRACT TOTAL S 190,000 EXHIBIT A Page 6 of 6 UTILITY RATE MODEL DEVELOPMENT CITY PROJECT NO. 18159A SUMMARY OF FEES Basic Services: Utility Rate Model Development Preliminary Phase Design Phase Bid Phase Construction Admin Phase Subtotal Basic Services Additional Services: Permit Prepartion Topographic Survey ROW Acquisition Survey Environmental Issues Public Meetings Construction Observation Traffic Control Signalization Improvements Warranty Phase Construction Inspection (T&M) Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total Authorized Fees Original Contract Amendment No. 1 Total Contract $43,400.00 $91,000.00 $134,400.00 $0.00 $0.00 $0.00 $0.00 $43,400.00 $91,000.00 $134,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $43,400.00 $91,000.00 $134,400.00 $0.00 $0.00 $0.00 $43,400.00 $91,000.00 $134,400.00 Admin Approval Pending Jan. 31, 2019 EXHIBIT A-1 Page 1 of 1 O E Q) O Et E Q m E E (0 >, co co eL COMPLETE PROJECT NAME Revised 02/01/17 X Ln X z z V d .V O > a_ Invoice Date 01/01/2017 t4 O H ) C) 0 ca) m .� O c > U c N 0 Z E O Z E V O U Basic Services: c 50.0%I 0 0 30.3%I 25.0%I 00 O O 64 TBDI TBD TBDI c 30.3%I c 23.1% O O O O O O O Ln $0.00 Ln O O O O $0.00 O O O O O 0 0 0 0 $5,750.00 O O $1,120.00 O TBD TBD TBD $4,247.00 O LO $5,750.00 O O O O O O 69 O I- 6n N.: N- E!? O N- O LO 64 O LO COLO O) 0 N 0 $500.00 0 CO TBD TBD TBD $500.00 O $1,000.001 O O O L() 69 O O 69 O O 69 $2,500.001 $500.001 O O 69 O O 64 TBDI TBD TBDI O O O Lf') Ef} $2,500.001 O O O Lf) Ef} O O O O 64 O O $500.00 O O O O $0.00 O $0.00 TBD TBD TBD TBD $0.00 N CO EA O 0000069- 0 Ef} O O O O O $1,120.00 O O TBD O O O 00 Eta Eta O LO O O O LO U Ef3 E9 O O O O O N 69- O LO 69 O 1.0N- 69 TBD O O O O O N 64 6n O O O O O CV - 64 $8,000.00 69 64 0 0 0 0 0 $500.00 0 0 TBD TBD TBD $500.00 0 0 0 0 0 0 0 0 0 0 0 0 0 69- 00 69- 69- 0 69 69 00 O 0 Ef} Ef3 69 69 0 0 0 O EA 0 0 0 O M EA 0 0 0 I,- te $3,500.001 0 0 0 N 00 EA 0 0 0 0 N- EA $1,120.001 0 0 ti 0CV EA TBD TBD TBD $4,747.001 $8,250.00 $4,747.00 0 O I� O N r EA O 64 O 69 $250.00 O O O O O O N EA $0.00 O (.09-N O COCO 69 TBD TBD TBD N O LO O N 69 N CO EA $2,877.00 0000069- 0 Ef} 0 O O 69- 69OOOOO 0 69 0 69 0 O O N- O O 69 $1,120.00 O O 64 TBD TBD TBD $1,120.00 O O O O - N- $1,120.00 $2,120.00 00000 O O O O 64 69 O O O O N 69- O O O LO U O O O LO N 69 O O O O Co 69- O O O O O N 69- O O O Eta O O O Ef} TBD TBD TBD O O O O O N 64 O O O O O Cfl 64 O O O O O CV - 64 $8,000.00 Preliminary Phase Design Phase N L -od Construction Phase Subtotal Basic Services Additional Services: Q) a) 0 Warranty Phase Platting Survey 0 & M Manuals O U Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees a) Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting 1 Rev 04/17 Exhibit C Page 1 of 2 from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 04/17 Exhibit C Page 2 of 2 rr�rr� City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 4401 West Gate Blvd., Suite 400 FIRM IS: 1. Corporation 4. Association CITY: Austin 2. Partnership 5. Other ZIP: 78745 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Depai huent (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: Shay Ralls Roalson (Type or Print) Signature of Certifying Person: Title: Vice President Date: June 5, 2019 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 Water and Wastewater Utility Rate Model Tool City Council Presentation July 30, 2019 What is a utility rate model? • Compares revenues to the operating and capital costs to determine if the existing rates are adequate to recover all costs (Revenue Requirement Analysis) • Allocates the revenue requirements to customer classes in a fair and equitable manner (Cost -of -Service Analysis) • Considers current or proposed rate structures and how revenues would be collected across customer classes (Rate - Design Analysis) Rate Model Tool —Inputs • Water consumption • Expenditures (three years actuals, one year budgeted) • Debt service • Capital Improvement Projects • Water loss A B C D 163 TABLE 164 WATER UTILITY 165 RAW WATER RATES 166 CITY OF CORPUS CHRISTI F I G H J 167 Item 2016 17_.9. 2018 2019 168 169 Operating Expenses 170 171 172 173 174 1282 TABLE 1283 CAPITAL IMPROVEMENTS PROJECTS (000) 1284 WATER FUND 1285 CITY OF CORPUS CHRISTI O&M Expenses (w/o minor capital) 30200 LaKe Corpus Christi Reservior Costs 30205 Sunrise Beach 30210 Choke Canyon Reservior 30250 Lake Texans Pipeline S 1.071 151 $ $ 325,935 $ $ 953.525 $ 5 835.661 $ 1,028,336 $ 274,633 $ 897,266 $ 876,356 $ 1,180,031 307,041 971,186 1,125,472 $ 1,214,218 $ 358,885 $ 992,247 $ 1,059,888 1286 1287 1288 Project Name Cost Center 1289 Nueces River Raw Water Pump Station 1290!Nueces River Raw Water Pump Station Transmission Main Raw Diverslr Raw Diversir 1291 Nueces River Raw Water Pump Station Transmission Main Raw Diversir 1292 ONSWTP High Service Building No 3 Treatment 1293 ONSWTP High Service Building No. 3 Treatment 1294 ONSWTP Fluoride Feed System Improvements Treatment 1295 ONSWTP Raw Water Influent and Chemical Facilities Improvements 1296 ONSWTP Maintenance Building Relation Treatment Treatment 1297 ONSWTP Intermediate Sludge Removal Phase 1 Treatment 1298 ONSWTP Solids Handling and Disposal Facilities Treatment 1299 ONSWTP Site Infrastructure Improvements Treatment 1300 ONSWTP Replacement of Sedimentatin Basin Sludge Collectors Treatment 1301 ONSWTP Replacement of Sedimentatin Basin Sludge Collectors Treatment 1302 ONSWTP Chlorine Storage and Handling Facilities Improvements Treatment 1303 ONSWTP Electrical Distribution Improvements Treatment 1304 ONSWTP Clearwell No 3 1305�Cnywide DID Program 1306 • Elevated Water Storage Tanks - Phase 2 Treatment Network Network 1307 Elevated Water Storage Tanks -Phase 3 Network 1308 Elevated Water Storage Tanks - Phase 3 1309 Stales Street Pum. Station Im • rovements Network Network 1310 Padre island Water and Gas Line Extension Network 1311 Water System Process Control Reliability Improvements Network Fun* Project? (YIN) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I SOUPCO of Funding Debt Cash Debt Cash Debt Cash Debt Cash Cash Debt Debt Cash Debt Debt Debt Debt Debt Cash Cash Debt Cash Cash Cash 2018 204$ 2020 2021 57 2 000 I 9,500?S 2,000 S S $ S $ 10,141 S 14,000 5 3.500 4.900 S 6.500 837 2,000 3,329 1,000 1.000 5.007 S $ S $ 2,000 4,500 2.500 2,000 $ 6.000 S 8,000 $ 4.000 $ 3,000 7,000 $ 7,000 Rate Model Tool - Outputs • Analysis of water usage by customer type • Cost of service for each segment of water system • Proposed rate structures and rates • 'True Up' calculations 5 Item 2016 2017 2018 95 96 METERED WATER USE - TREATED WATER (mg) 97 CC Retail 98 Inside City Limits (ICL) Retail 99 Residential 00 GC Irrigation 01 Commercial & Other 02 Large Volume Users 03 Unbilled City Use 04 Total Metered 05 450 WATER TREATMENT RATE 451 CITY OF CORPUS CHRISTI 06 07 08 09 10 11 12 13 452 Item 474 5,968.1 2.3 4,499.6 786.8 307.0 5,912.2 2.5 4,628.8 797.9 65.2 5,997.5 2.0 4,598.3 675.8 233.6 11.563.8 11.406.6 11,507.2 2019 6,027.5 2.049 4,621.3 675.3 234.8 11,561.0 2016 2017 2018 475 Volume Rate Revenue Requirement (preliminary) S 19.866.095 S 22.432,051 S 22.020.094 476 477 Gallonage Leaving System Component 19,124.0 19.888.7 19,704.0 478 Volume Rate (preliminary) $ 1.039 $ 1.128 3 1.118 479 480 Operating Revenue (preliminary) $ 19,883,580 $ 22,449,532 $ 22,037.834 481 Operating Expenses $ 15,154,364 $ 16.272,372 $ 20.039.862 482 Net Operating Revenue Available for Debt Service $ 4,729,216 $ 6,177,160 $ 1,997,973 483 484 Priority Coverage Requirement @ 1 S 4,139.856 $ 485 Priority Coverage Surplus (Deficit) $ 589.360 $ 486 487 Subordinate Coverage Requirement @ 1 S 7,163.224 $ 7.107.800 $ 488 Subordinate Coverage Surplus (Deficit) S (2,434,008) $ (930,640) 5 489 490 Recovery of Costs for Water Loss not Previously Billed S 837.008 $ 780.703 $ 804.704 491 Volume Rate Revenue Requirement (adjusted) S 23.137,114 $5 24,143,393 $ 27,256,274 492 Treatment Volume Rate (adjusted) S 1.210 $ 1.214 $ 1.383 491 3,976.967 $ 3.171.909 2,200,193 5 (1,173.937) 6.429.449 (4,431,476) 2( S 23 $ 23 $ 18 $ 5 $ 3 $ 1 $ 9 $ (3 S $ 28 $ Rate Model Tool PROS • Not a software application, is an Excel workbook • Flexible, customizable • Meets contractual obligations for wholesale customers • Follows AWWA (American Water Works Assn) best practices CONS • Complex and cumbersome • Not user-friendly Rate Model Tool—Sample enhancements • Dashboards • Navigation • Visuals • Exhibits • Scenarios 2 .3 4 5 6 7 8 9 10 11 12 s Dashboard D E F 0 H All Figures in 51,000s FY 18-19 FY 19-20 FY 20-21 Pt 21-22 FY 2 Revenue Rate Revenue Additional Revenue Misc Revenue Total Revenue Application of Funds Navigation Exhibits Dashboard r Scenariol r Scenario2 r Scenario3 r c i. -.A I— II Water Utilit Exhibits Exhibit #s Exhibit Titles (w Revenue Requirement 1,760 Escalation Factors 1 Exhibit 1 - Esca Sources & Application of Funds 2 Exhibit 2 - Sour Capital Improvement Plan 3 Exhibit 3 - Ca •11 Debt Service 4 Exhibit 4 - Debt Revenue at Present Rates 5 Exhibit 5 - Reve 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Scenarios (in $1,000's) $25,000 $20,000 $15,000 Revenue Vs. Expenditures Additional M&O Expense Additional Capital Cost Capital Funding Through Rates $0 $0 750 4,250 1,700 1,760 Minimum Rate Adjustments to Meet Policies % n Meet 1 25 DSCR [1 ] % n to Meet Ops Rsrve Target % A to Meet Unrestricted Rsrve Target 0.0% 0.0% 0.0% 0.0% 0.0% 00% [1] Assumes a mid year adjustment. Scenario Comparison 0 Baseline $15,297 $15,377 Timeline and Next Steps November 2018 An RFQ was issued through Engineering Services, to analyze, evaluate and improve the City's utility rate structure and implement a new model in a more user-friendly application. HDR was the selected contractor January 2019 A small contract for with HDR was executed to begin the 2019 rate review and rate model update July 30, 2019 Proposed amendment to the contract with HDR to upgrade the current rate model tool with additional `user-friendly' enhancements such as screens to run scenarios and graphical output, as well as development of a reference manual and training for staff on its use AGENDA MEMORANDUM Action item for the City Council Meeting of July 30, 2019 DATE: July 30, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Freightliner Trucks for Water Utilities CAPTION: Motion authorizing the purchase of nine replacement 2020 model freightliner M2-106 SRA trucks from Houston Freightliner, Inc. of Houston, Texas, via Buy Board Cooperative for a total amount not to exceed $1,207,583.00, funded through the Water, Wastewater, Storm Water and Fleet Maintenance Service Funds. These units are replacing trucks used daily by Water Utilities Department repair and construction crews. PURPOSE: This item is to approve the purchase of nine freightliner trucks for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace nine freightliner trucks. The trucks consist of nine 2020 Freightliner M2-106 SRA trucks to be utilized by Water, Storm Water and Wastewater Divisions. Seven of these units are for the Water Division at a cost of 959,221.00. Wastewater and Storm Water will each replace a truck at a cost of $141,312.00 and $107,050.00 respective. These units are replacement units. Three of the crew trucks are 12 years old, two are 11 years old and one is 10 years old. The dump trucks, one is 18 years old and two are 12 years old. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Vehicle standard service life is 7-8 years. These nine units have been used in the field for 10-18 years and have exceeded their service life. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $10,360,865.56 $0.00 $10,360,865.56 Encumbered / Expended Amount $8,816,447.56 $0.00 $8,816,447.56 This item $1,207,583.00. $0.00 $1,207,583.00 BALANCE $336,835.00 $0.00 $336,835.00 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Funding Detail: Fund: Organization/Activity: Mission Element: 4010 Water 31520 Treated Water Delivery System 041 Distribute water N/A 550020 Vehicles and Machinery 4200 Wastewater 33400 Wastewater Collection System 042 Wastewater Collection System N/A 550020 Vehicles and Machinery 4300 Storm Water 32005 Storm Water Maint of Lines 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5110 Fleet Maint Svc 40120 Equipment Purchases - Fleet 202 Maintain the fleet N/A 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts & Procurement Buyer: Cynthia Perez Price Sheet Freightliners for Utilities HGAC Contract # HT06-18 Houston Freightliner Houston, I X ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2020 Freightliner M2-106 SRA with Special Service Body with Crane 1 $164,849.00 $164,849.00 2 2020 Freightliner M2-106 SRA with Service Body 2 $140,887.00 $281,774.00 3 2020 Freightliner M2-106 SRA with Dump Bed 1 $107,050.00 $107,050.00 4 2020 Freightliner M2-106 SRA with crane with Pipe Rack 3 $141,312.00 $423,936.00 5 2020 Freightliner M2-106 SRA with Dump Body 2 $114,987.00 $229,974.00 Total $ 1,207,583.00 AGENDA MEMORANDUM Action item for the City Council Meeting of July 30, 2019 DATE: July 30, 2019 TO: Peter Zanoni, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations (361) 826-1972 Kim Baker, Director of Contracts and Procurement KimB2cctexas.com (361) 826-3169 Lease Purchase of Eight Heavy Duty Trucks for Solid Waste CAPTION: Motion authorizing the lease purchase of three replacement 2020 model Western Star trucks consisting of two rear packing refuse trucks and one water tanker truck for an amount not to exceed $624,276.48 from Grande Truck Center of San Antonio, Texas, and five replacement 2020 model Freightliner trucks consisting of one 18 cubic yard dump truck, three brush container trucks and one rear steer brush loader from Houston Freightliner of Houston Texas for a total amount not to exceed $960,135.00, plus a total estimated allowable interest for lease of $175,942.60, for a combined total amount not to exceed $1,760,354.08 funded through the General Fund. PURPOSE: This item is to approve the lease purchase of eight heavy duty trucks for Solid Waste Department. BACKGROUND AND FINDINGS: The Solid Waste Department has a requirement to lease purchase eight heavy duty trucks. These units are all replacement units, and require replacement now that they exceed their programmed lives of 7-8 years and have excessive maintenance costs. The two refuse trucks, replacing 9 year old units, will be utilized to meet the departments' refuse collection requirement. The water tanker truck is operated by City personnel. This unit is used to control dust at the Cefe Valenzuela Landfill (landfill) haul road leading to the borrow pit area and other areas as needed. The water tanker truck will replace a 13 year old unit that is severely rusted, leaks water, and is in poor condition. The dump truck, used at the landfill, replaces a 17 year old unit. The three brush container trucks, used for brush collection, range from 10-11 years old. The rear steer brush loader, used for brush collection, replaces a 10 year old unit. Replacement of the landfill equipment will help assure that the department maintains effective landfill operations. The rear -loading refuse trucks are used to support daily garbage and recycling collection in applications less suited for automated collection. The replacement of brush collection equipment helps Solid Waste Services achieve its scheduled collection of brush and bulky waste, and provides essential equipment immediately during and after debris producing events. Contracts awarded through the Buy Board Cooperative and HGAC- Houston Galveston Area Council have been competitively procured, and 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 sixty -month term with an estimated interest rate of 4.20% for an annual estimated payment of $29,322.57. The total estimated cost over the five-year period, including principal of $1,584,411.48 and interest of $174,942.60 is $1,759,354.08. A not to exceed tolerance of $1,000.00 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: $1,584,411.48 Total estimated allowable interest for Lease: $ 175,942.60 Grand Total: $1,760,354.08 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 FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $705,200.00 $1,701,675.61 $2,406,875.61 Encumbered / Expended Amount $582,197.87 $0.00 $582,197.87 This item $58,678.47 $1,701,675.61 $1,760,354.08 BALANCE $64,323.66 $0.00 $64,323.66 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 General Fund 12506 Cefe Valenzuela Landfill Operator 033 Manage disposal, transfer station, landfills N/A 530190 Lease Purchase Payment 1020 General Fund 12511 Brush Collection 031 Collect brush and bulk waste N/A 530190 Lease Purchase Payment RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts & Procurement Buyer: Cynthia Perez Price Sheet Lease Purchase of Heavy Duty Turcks for Solid Waste HGAC Contract # HT06-18 BuyBoard Contract 521-16 Grande Truck Center San Antonio. Texas ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2020 Western Star Rear packing Refuse Trucks 2 $226,854.00 $453,708.00 2 2020 Western Star 4,000 _gallon Water Tanker Truck 1 $170,568.48 $170,568.48 $ 624,276.48 City of Corpus Christi Contracts & Procurement Buyer: Cynthia Perez Price Sheet Lease Purchsae of Heavy Duty Trucks for Solid Waste HGAC Contract # HT06-18 I Houston Freightliner I tiouslon, TA ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2020 Freightliner 114 -SD -TRA 18 cubicyard dump truck 1 $150,130.00 $150,130.00 2 2020 Freightliner 114 -SD -SRA Brush Container Trucks 3 $206,680.00 $620,040.00 3 2020 Freightliner M2-106 SRA Rear Steer Brush Loading 1 $189,965.00 $189,965.00 Total $ 960,135.00 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2019 DATE: July 30, 2019 TO: Peter Zanoni, City Manager FROM: Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Concrete Mix Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, for the purchase of concrete mix in various types for a total amount not to exceed $64,855.83, with the first-year funding through the Stores Fund. PURPOSE: This is a motion to approve a three-year supply agreement for concrete mix in various types stocked by the City Warehouse and utilized by City departments. BACKGROUND AND FINDINGS: The City Warehouse stocks various types of concrete mix so they can be readily available for the departments as needed for example Street Operations uses it for signage installation; Parks and Recreation Department uses the concrete for new park equipment installation; and Utilities for repairs of sidewalks and curbs. The Contracts and Procurement Department conducted a competitive Request for Bid process and received one bid. A review was conducted of past purchases of concrete mix and it was confirmed that the supplier's pricing is comparable or better to historical pricing. Staff recommends award to Ferguson Enterprises, LLC. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Contracts and Procurement FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $43,248.44 $2,843,443.59 Encumbered / Expended Amount $2,313,420.60 $0.00 $2,313,420.60 This item $21,607.39 $43,248.44 $64,855.83 BALANCE $465,167.16 $0.00 $465,167.16 Funding Detail: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of the item as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation SUPPLY AGREEMENT NO. 2262 Concrete Mix THIS Concrete Mix Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ferguson Enterprises, LLC. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Concrete Mix in response to Request for Bid No. 2262 ("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 Concrete Mix 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year 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. This Agreement is for an amount not to exceed $64,855.83, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 3, 2019 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Robert Presnell Department: Contracts and Procurement Phone: 361-826-1750 Email: robertpr@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. City may inspect all products supplied before 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 3, 2019 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. 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 3, 2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers, Bldg 6, Corpus Christi, TX 78415 Phone: 361-826-1750 Fax: 361-826-1690 IF TO SUPPLIER: Ferguson Enterprises, LLC Attn: Bryan Steele Title: Sales Address: 221 Junior Beck Dr., Corpus Christi, TX 78405 Phone: 361-289-1977 Fax: 361-289-1968 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 3, 2019 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to comply with any of the terms 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: Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 3, 2019 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 if required by said statute. 23. Governing Law. Supplier agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 3, 2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City uses and stocks several types of concrete mix at the City Warehouse for use by various departments as outlined in the Scope of Work. 2. Scope of Work A. The Contractor shall provide Concrete Mix of various types. High Strength Concrete Mix • Shall be Sakrete brand High Strength Concrete Mix -Model #65200390 • Bag size shall be 80 lbs. Portland Cement -Type I • Shall be Type I -General purpose cement suitable for all uses where the special properties of other types of Portland cement are not required. • Bag size shall be 94 lbs. Mortar Mix -Type S • Shall be Type S -Suitable for below -grade applications, such as masonry foundations, manholes, retaining walls, and sewers, as well as at -grade projects like brick patios and walkways. • Type S mortar must have a minimum compressive strength of 1,800 psi. • Bag size shall be 70 lbs B. The Contractor shall cross-reference the City's stock number listed on the Bid/Pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Contractor Quality Control and Superintendence All types of concrete mix provided shall be defect free, properly packed and shipped to ensure a safe delivery. 4. Special Instructions A. Ordering and Delivery 1. City will place an order on as needed basis. 2. Supplier shall ship the materials within 2 weeks' of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. Supplier must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. Page 1 of 2 RFQ Revised 1.3.2018 5. If any items found defective, unusable or inoperable to the condition, Supplier shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. 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 set time frame. 7. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 2 of 2 RFQ Revised 1.3.2018 4135c cf' o ..:,_ .__--- I,, .eCITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT \\--....J.L._352,---/ Date: 06-21-2019 DEPARTMENT BID FORM RFB No. 2262 Concrete Mix PAGE 1 OF 1 Authorized la. Bidder: FERGUSON ENTERPRISES, LLC Signature: /41.111P"_ 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 Contracts and Procurement 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 City ;Stock-# Description = = .: � > .. , - UNIT 3 YR QT Yr Unit Price TotalPrice. - - -- _ 1 1837 Sakrete brand High Strength Concrete MixBAG Model #65200390 80 lb 12,231 4.505 55100.66 2 1836 Portland Cement -Type I 94 Ib BAG 735 8250.38 8216.70 11.225 3 1835 Mortar Mix -Type S 70 Ib BAG 288 5.225 1504.80 - Gran:d al YG .Tot , _ . _ _. ... 64,822. / ' 64,855.83 Initial to approve corrections` NOTE: MINIMUM ORDERS OF 14 PALLETS. ATTACHMENT C: INSURANCE REQUIREMENT Section 5. is null to this Service Agreement Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. Page lof 1 RFQ Revised 1.3.2018 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS BID TABULATION RFB 2262 - Concrete Mix TOTAL $ 64,855.83 FERGUSON ENTERPRISES, LLC CORPUS CHRISTI, TX ITEM CITY STOCK # DESCRIPTION UNIT 3 YEAR QTY UNIT PRICE EXTENDED PRICE 1 1837 Sakrete brand High Strength Concrete Mix Model #65200390 80 lb BAG 12,231 $ 4.505 $ 55,100.66 2 1836 Portland Cement -Type I BAG 735 $ 11.225 $ 8,250.38 3 1835 Mortar Mix -Type S 70 lb BAG 288 $ 5.225 $ 1,504.80 TOTAL $ 64,855.83 AGENDA MEMORANDUM Action Item for the City Council Meeting July 23, 2019 DATE: TO: July 5, 2019 Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison ArleneM@cctexas.com (361) 826-3356 Investment Services Agreement Between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation CAPTION: Motion authorizing an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for management of the investment of Corporation Funds. PURPOSE: Purpose is for City Council to approve this agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for investment of corporation's funds. BACKGROUND AND FINDINGS: The agreement authorizes the City's investment officers to manage the investments for the corporation. This agreement is needed to allow the City's investment officers to serve as the investment officers for the corporation under the Texas Public Funds Investment Act (PFIA). The City's investment officers will invest the Corporation's funds in investments authorized by the Corporation's Investment Policy and Investment Strategy and in compliance with the PFIA. The Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff. The Corpus Christi Business and Job Development Corporation approved a motion at its June 17, 2019 meeting authorizing this agreement. ALTERNATIVES: The City Council could choose not to approve the agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms with the Corpus Christi Business and Job Development Corporation's Investment Policy and Investment Strategy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: City staff recommends approving the motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreement AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR INVESTMENT OF CORPORATION'S FUNDS This Agreement for the investment of funds ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City"). In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Investment Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the investment of the Corporation's funds. The City will annually prepare the investment policy and investment strategies for review and approval by the Corporation's Board of Directors. The recommended investment policy and strategies will be reviewed by the City's Investment Committee before presentation to the Corporation. The City's investment officers will serve as the investment officers of the Corporation. All investments must comply with federal and state law as well as any trust documents related to funds that are invested. 2. Payments. The Parties agree that the Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff as part of the Corporation's annual allocation. 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 will begin on the Effective Date and end on September 30, 2020. 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 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: Page 1 of 2 If to Corporation: Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS AND CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Scott Harris Peter Zanoni President City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 2 of 2 AGENDA MEMORANDUM Action Item for the City Council Meeting July 30, 2019 DATE: July 5, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison ArleneM(acctexas.com (361) 826-3356 Investment Services Agreement Between the City and the Corpus Christi B Corporation CAPTION: Motion authorizing an agreement between the Corpus Christi B Corporation and the City of Corpus Christi for management of the investment of Corporation funds. PURPOSE: Purpose is for City Council to approve this agreement between the Corpus Christi B Corporation and the City of Corpus Christi for investment of corporation's funds. BACKGROUND AND FINDINGS: The agreement authorizes the City's investment officers to manage the investments for the corporation. This agreement is needed to allow the City's investment officers to serve as the investment officers for the corporation under the Texas Public Funds Investment Act (PFIA). The City's investment officers will invest the Corporation's funds in investments authorized by the Corporation's Investment Policy and Investment Strategy and in compliance with the PFIA. The Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff. ALTERNATIVES: The Board could choose not to approve item. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms with the Corpus Christi B Corporation's Investment Policy and Investment Strategy. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance 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: RECOMMENDATION: Approve agreement as presented. LIST OF SUPPORTING DOCUMENTS: Agreement AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND CITY OF CORPUS CHRISTI FOR INVESTMENT OF CORPORATION'S FUNDS This Agreement for the investment of funds ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and the City of Corpus Christi ("City"). In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Investment Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the investment of the Corporation's funds. The City will annually prepare the investment policy and investment strategies for review and approval by the Corporation's Board of Directors. The recommended investment policy and strategies will be reviewed by the City's Investment Committee before presentation to the Corporation. The City's investment officers will serve as the investment officers of the Corporation. All investments must comply with federal and state law as well as any trust documents related to funds that are invested. 2. Payments. The Parties agree that the Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff as part of the Corporation's annual allocation. 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 will begin on the Effective Date and end on September 30, 2020. 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 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: Page 1 of 2 If to Corporation: 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 c. Notice is effective upon deposit in the United States mail in the manner provided above. 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 Scott Harris Peter Zanoni President City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 2 of 2 AGENDA MEMORANDUM Action Item for the City Council Meeting July 30, 2019 DATE: July 19, 2019 TO: Peter Zanoni, City Manager THRU: Constance P. Sanchez, Interim Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Setting the Public Hearing Date for the Fiscal Year 2019-2020 Budget CAPTION: Motion to set the Public hearing for the City of Corpus Christi Fiscal Year 2019-2020 Budget for September 10, 2019 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code requires 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. Section 102.007 (c) of the Texas Local Government Code requires a separate vote on a budget that will require raising more revenue from property taxes than the previous year to ratify the property tax increase reflected in the budget. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. The public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This confirms to City Policy. EMERGENCY/NON-EMERGENCY: This is a non -emergency item DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: n/a RECOMMENDATION: City staff recommends approving the motion as presented. LIST OF SUPPORTING DOCUMENTS: none AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2019 DATE: July 19, 2019 TO: Peter Zanoni, City Manager THRU: Constance P. Sanchez, Interim Assistant City Manager FROM: Alma Casas, Interim Director of Financial Services AlmaC@cctexas.com (361) 826-3610 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting September 17, 2019 as the date of the adoption of the ad valorem tax rate of $0.646264 per $100 valuation. PURPOSE: The fiscal year 2019-2020 proposed operating budget utilizes a tax rate of $0.646264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2019- 2020. This tax rate includes an increase of two cents from the prior year's property tax rate to be used for residential streets as approved by the citizens on November 8, 2016. This is the second of three two -cent increases noted in the "2+2+2" charter amendment approved by the voters. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2019-2020 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, 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. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2019-2020 tax rate of $0.646264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 27, 2019, and the second public hearing on September 10, 2019. Then the vote for the final adoption of the tax rate is scheduled to be held on September 17, 2019. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 18, 2019. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: This item is non -emergency. DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - $ 128,514,111 $ 128,514,111 Encumbered/Expended amount of (date)- - - - This item - $ 128,514,111 $ 128,514,111 BALANCE - - $ - $ - FUND(S): General Fund $84,873,254 Debt Service Fund $43,640,857 COMMENTS: n/a RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2019 DATE: TO: THRU: FROM: July 19, 2019 Peter Zanoni, City Manager Constance P. Sanchez, Interim Assistant City Manager Alma Casas, Interim Director of Financial Services AlmaC@cctexas.com (361) 826-3610 Action to Schedule Two Public Hearings Related To Fiscal Year 2019-2020 Property Tax CAPTION: Motion setting a public hearing on the ad valorem tax rate for August 27, 2019 and a second public hearing for September 10, 2019 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2019-2020 proposed operating budget utilizes a tax rate of $0.646264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2019- 2020. This tax rate includes an increase of two cents from the prior year's property tax rate to be used for residential streets as approved by the citizens on November 8, 2016. This is the second of three two -cent increases noted in the "2+2+2" charter amendment approved by the voters. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2019-2020 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, 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. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2019-2020 tax rate of $0.646264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 27, 2019, and the second public hearing on September 10, 2019. Then the vote for the final adoption of the tax rate is scheduled to be held on September 17, 2019. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. Publication is scheduled in the Corpus Christi Caller -Times for August 18, 2019. In conjunction with the public hearings on the property tax rate, a public hearing will also be held on September 10, 2019 regarding the Fiscal Year 2019-2020 proposed operating budget. Additionally, four work sessions have been scheduled to discuss the Fiscal Year 2019-2020 proposed operating budget with the City Council. These work sessions will be held on each Thursday during the month of August from 9:00 am — 11:00 am in the City Council Chambers. Final vote on the Fiscal Year 2019-2020 operating budget is scheduled for September 17, 2019. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: This item is non -emergency. DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - $ 128,514,111 $ 128,514,111 Encumbered/Expended amount of (date) - - - - This item - $ 128,514,111 $ 128,514,111 BALANCE - - $ - $ - FUND(S): General Fund $84,873,254 Debt Service Fund $43,640,857 _ COMMENTS: n/a RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 23. 2019 Public Hearing/Second Reading Ordinance for the City Council Meeting of July 30, 2019 DATE: July 2, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Street Closure of Broadway Court between South Water Street and Shoreline Boulevard CAPTION: Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street PURPOSE: The purpose of this ordinance is to close, abandon, and vacate a 12,632 square foot portion of a 60 -foot -wide public street adjoining Block 4, South Water Beach Addition, as recorded in Volume 21, Page 50, Deed and Map Records, Nueces County Texas and Lot 6, Block 5, South Water Beach Addition, as recorded in Volume 68, Pages 959-960, Deed and Map Records of Nueces County, Texas, and requiring petitioners, Frost Bank, to comply with specified conditions. BACKGROUND AND FINDINGS: Frost Bank, is requesting the closure, vacation, and abandonment of a 12,632 square foot portion of an improved public street, which is a 60 -foot -wide by approximately 183 -foot long, adjoining Block 4, South Water Beach Addition, Deed and Map Records of Nueces County, Texas and Lot 6, Block 5, South Water Beach Addition, Deed and Map Records of Nueces County, Texas, identified as Broadway Court located between South Water Street and Shoreline Boulevard. The abandonment and vacation of the improved street is being requested by the property owner to safely allow pedestrian foot traffic to travel to and from the new Frost Bank Building from the adjacent parking lot. If closed the street would be owned by Frost Bank. ALTERNATIVES: Deny the request to close the street. OTHER CONSIDERATIONS: If the request is denied the street will remain open to vehicle traffic and the safety of employees and customers transiting to and from the bank parking lot will remain an issue. CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12(c). Public notice for the proposed street and alley closure was placed with the U.S. Postal Service on July 5, 2019 and published in the Caller Times on July 11, 2019. Notices were sent out to 21 property owners within 450 feet in proximity from the proposed alley closure EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted, and AT&T. Water, sewer and storm drains are located in the street. Development Service Department is requiring a 60' utility easement to be maintained on the property. None of the other city departments or franchised utility companies stated any objections to the proposed street closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): N/A Account: Comments: The applicant will provide a fair market value payment of $240,000 for the street closure. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Presentation Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street WHEREAS, Frost Bank (Owner of adjacent lot) is requesting the closure, abandonment and vacation of a portion of Public Improved Street, Broadway Court, located between Water Street and Shoreline Boulevard; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, July 23, 2019, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 12,632 square foot portion of public street, Broadway Court, lying between Water Street and Shoreline Boulevard; subject to compliance with specified condition, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Frost Bank, (Owner of adjacent property), the 12,632 square foot portion of public street, Broadway Court, lying between Water Street and Shoreline Boulevard, as recorded in Volume 9, Page 38-41, Volume 21, Pages 50 and Volume 68, Page 959-960 Map Records of Nueces County, Texas, more particularly described by Exhibit "A," which is a metes and bounds description and field notes, and Exhibit "B", which is the graphical representation of the legal description, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of a section of the improved street described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment to the City of $240,000 for the fair market value of the improved street pursuant to Corpus Christi Code 49-12. b. A 60' Utility Easement is retained in favor of the City. c. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT "A" LEGAL DESCRIPTION BEING A 0.29 ACRE TRACT NUECES COUNTY, TEXAS A 0.29 acre tract, out of Broadway Court as shown in Block 4, South Water Beach Addition, as recorded in Volume 21, Page 50, Map Records, Nueces County, Texas and Lot 6, Block 5, South Water Beach Addition, as recorded in Volume 68, Pages 959-960, Map Records, Nueces County, Texas. Said 0.29 acre tract being more particularly described as follows: BEGINNING at a found mag nail with a washer stamped "Urban Eng." on the east right-of-way of South Water Street and the north right-of-way of Broadway Court, said point also being the southwest corner of Block 4, South Water Beach Addition, which is recorded in Volume 21, Page 50, Map Records, Nueces County, Texas; THENCE North 83°09'20" East, with the north right-of-way of Broadway Court, same being the south boundary of said Block 4, a distance of 22.34 feet to a calculated point and being the beginning of a tangent curve to the right having a radius of 849.02 feet and a chord bearing and distance of North 89°20'20" East, 182.97 feet; THENCE in an easterly direction with said curve to the right with the north right-of-way of Broadway Court, same being the north line of the herein described tract, an arc distance of 183.33 feet to a found drill hole in concrete on the west right-of-way of South Shoreline Boulevard, same being the southeast corner of said Block 4 and the northeast corner of herein described tract; THENCE South 11°27'39" West, with the west right-of-way of South Shoreline Boulevard, a distance of 77.28 feet, to a found iron rod on the south right-of-way line of Broadway Court, same being the northeast corner of said Lot 6, and the southeast corner of the herein described tract and being the beginning of a non -tangent curve to the left having a radius of 15.00 feet and a chord bearing and distance of North 37°23'36" West, 22.54 feet; THENCE in an westerly direction with said curve to the left with the south right-of-way of Broadway Court, same being the south line of the herein described tract, an arc distance of 25.50 feet a found drill hole in concrete on the north boundary of said Lot 6 and being the beginning of a tangent curve to the left having a radius of 789.02 feet and a chord bearing and distance of South 88°31'44" West, 146.62 feet; THENCE in an westerly direction with said curve to the left with the south right-of-way of Broadway Court, same being the south line of the herein described tract, an arc distance of 146.83 feet to a found iron rod on the north boundary of said Lot 6; THENCE South 82°54'38" West, with the south right-of-way of Broadway Court, same being the south line of the herein described tract, a distance of 31.54 feet to a calculated point and being the beginning of a tangent curve to the left having a radius of 15.00 feet and a chord bearing and distance of South 47°13'34" West, 17.50 feet; THENCE in a westerly direction with said curve to the left with the south right-of-way of Broadway Court, same being the south line of the herein described tract, an arc distance of 18.68 feet to a calculated point for the southwest corner of herein described tract. Page 1of2 THENCE North 11°22'49" East, with the east right-of-way of South Water Street , a distance of 74.06 feet to the POINT OF BEGINNING and containing 0.29 acre of land, or 12,441 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). tIkk au. Stacey 4g bora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Hanson Professional Services Inca TBPE F#417 TBPLS F# 100395-00 Date: 1`t 2-f) 101 • *' . ...y. KING MORA 4*. 90 fSS O0%," y° SUR' . Page 2 of 2 Hanson Professional Services Inc. 2 z 0 O m n z CD O 0 0 CO 3105'070 12/noo ,cwMadode uosuoH N6.1. (doo o IouoissaioJd 610Z 'DUI saoinJas S CARANCAHUA STREET S CHAPARRAL STREET Street Closure of Broadway Court, between South Water Street and Shoreline Boulevard City Council Presentation July 23, 2019 Vicinity Map I Proposed Street Closure 1 LJ �Mf L a°� 4a� A9fe` St � South Bluff Park ,. At N IBC Bank© 1181© 9 YMCA v l' Goastai anthed MCI Si � woarriV 8 - s _. St James Episcopal School a,e B r m � � _o��nanne � Bay Vista Pointe 9 unman Ave rurmm PVC - S McGee Beach Water's Edge Park e,vmenpve ®FMetirsthodknifed st Church Aerial Overview Proposed Street Closure Broadway Court ew Frost B Buildin Staff Recommendation Approval Broadway Court rn:141.51•1:41* 11•1•1•M 11.71:4=0.4.1:41.111 .r.M.E:IMONDA RES-liffa .i.krrOr I • • 7. Irga-- .1;1 artieckici Before Improvements Broadway Ct I— After Improvements AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of 7/30/2019 Second Reading Ordinance for the City Council Meeting of 8/6/2019 DATE: June 27, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) CAPTION: Case No. 0619-01: Mt. Olive Lutheran Church Council (District 5). Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the "RS -6" Single - Family 6 District to the "ON" Neighborhood Office District. PURPOSE: The purpose of this item is to allow for the construction of insurance office building. BACKGROUND AND FINDINGS: The subject property is 0.689 acres in size. The owner is proposing the construction of insurance office building. The current zoning is "RS -6" Single -Family 6 District which allows single-family homes on a minimum 6,000 sq. ft. lot. The proposed zoning is the "ON" Neighborhood Office District which allows office, and limited retail, restaurants, hotel, and multifamily uses. ALTERNATIVES: 1. Deny the request of "ON" Neighborhood Office District. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not planned for commercial uses. However, the proposed rezoning to the "ON" Neighborhood Office District is generally consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital (X) Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: N/A Organization/Activity:N/A Mission Element: N/A Project #: N/A Account: N/A RECOMMENDATION: Planning Commission and Staff Recommendation (June 12, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0619-01 Mt. Olive Lutheran Church: Ordinance rezoning property at or near 5101 Saratoga Boulevard (State Highway 357) from the "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 Mt. Olive Lutheran Church ("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, June 12, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the RS -6" Single - Family 6 District to the "ON" Neighborhood Office District and on Tuesday, July 30, 2019, 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 Mt. Olive Lutheran Church ("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 0.69 acres out of Lot 2, Block 1, Country Club Estates Unit 18, located along the south side of Saratoga Boulevard (State Highway 357), east of Long Meadow Drive, and west of South Staples Street (the "Property"), from the "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District (Zoning Map No. 044034), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0619-01 Mt. Olive Lutheran Church\Council Documents\Ordinance (ON) - 0619-01 Mt. Olive Lutheran Church.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 , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A Texas GeoTech LAND SURVEYING, INC. EXHIBIT A 0.69 ACRE TRACT' OF LAND Being a 0.69 acre tract of land (30.000.16 sq. ft.) tract of land, and being out the northeast corner of Lot 2, Block I of the Country Club (:states Unit - 18. a plat recorded in volume 43. page 133 of the Map Records of Nueccs County, Texas, and is described by metes and bounds as follows: Beginning at a 54t inch iron rod Lound for the northwest corner of Lot 1, Block I of the Iluntington Park Unit 1. a plat recorded in volume 43. pages 2-3 of the Map Records of Names County. texas, same being the northeast corner of said Lot 2. Block I and being on the south right of way line of Saratoga Boulevard. said 518 inch iron rod being the northeast corner of this tract: THENCE S 214° 48' (10'' W with the cast hoe of said 1,ot 2. Block I. a distance of 230.77 feet to a S:R inch iron rod set for the southeast corner of this tract: THENCE N 61° IS' 45" W a distance of 1311.011 feet to a 5/8 inch iron rod set for the southwest corner of this tract; THENCE N 28' 48' 011- E a distance of 2311.77 feel to a MR inch iron rod set on the south nght of wad hoc of said Saratoga Boulevard and being the northwest corner or this tract; THENCE S 61° 18' 45" E with the south right of vva} line of said Saratoga Boulevard, a distance of 130.00 feet to the POINT OF BEGINNING, and containing 0.69 acres more or less. 1. Jarrcl L. Moore. a Registered Professional Land Surveyor. do hereby certify that the above field notes were prepared using information obtained on the ground survey made under my direction and supervision in this day May 07. 2019. G %• tSrfR„"SJ' • +?'E vco ••.4854 -J 1074.0"72/ Ilirrrel L. Moore Register Professional Land Surveyor Licence Number 4854 Page 4 of 5 Exhibit B h6 rV/ :r . S44'47. Ocdou EXHIBIT "B" 01:1 H)1IN9I06 ••Mk 1,y '/3411( 11 - PAQS i VRMCI a*Ca I - 107 2 1LNThCION PMN 111 t 'null 43 - P,10E5 2-3 .RNC/ 1001 1 - IO' 3 INWM:ICN PM. -PS VC1uSt .3 - P4G1: 7-1 11.Mcl 4055 ' tat NIV 1N:.f1l4 Pim Wl' Yp uu( .3 - .MGRS 7-3 910C. • - LOI I NhIIIPC1dI PANT unl 1 mLa[ N - PALS 7-3 IYRCC1 SCALE: 1' .60 SURVEY C)F: leap a 0.69 ay. tract p1 hind (30.000 16 so. ft.) boot or land, Pd •' no out the the northeast carom al Lae 2. Work I o1 the County C]117 I. raIel llNt - IB, a PlOt Iecpdad in .ourm 4.3 pope 133 al Ile Yap Nocogf of NtNLw County, %e.os. All BURNOS IND DISTANCE REFER TO TIE TOMS STATE PINE COCRDNI.TE SYSTEM CE 1903. TEXAS 300111 ZONE 1-143 W IWI NAS CONE •IMOut 11.4. MDNETTT Of A TDL[ CONMrl. N,, 11.15 NOT ALL EAS(WYWWS 00 SETBe4(5 YE SWAM •'•'•1. •V:;Iw(, . :.cTCFCC ' '.S CNaI 'AND `JAR 1130. D- • "'IVY GENTRY THAT TO ML BEST Or MY NNOALE06E, MIS PLAT RE- -::LENT% AN AMA. SIR.EY lelcE ON THE 0900110 TRW WY 51.111ERY1StCer St.] SLETSTM7MLY CO WLES 11111 THE WIAWUM STANDARDS EOR LAND woVLYINO IN TENAS AS SET FORTH BY THE TOWS BOMEI_OVISWESSICINAI. LOC 51(NIEY007S. WAY 7. 2019 L NOOSE STENED PROEE59ONAL 0W0 WWI -1W TEXAS CEO TECH LAND SURVEYING, INC Sem SWTH ST OLS. SUITE 11-2 Corp. Cia,111. 7150.1 I11(( 020-0030 Fax (31117 KS-RIoN P.. twaaale,lata cam DATE MY 05. 2019 NC SCALE 1. - 60' JOB NUMBER. 1934.35-2 AtVROYED. JO. .RIVEN: BP * AC Page 5 of 5 STAFF REPORT Case No. 0619-01 INFOR No. 19ZN1013 Planning Commission Hearing Date: June 12, 2019 Applicant & Legal Description Owner: Mt. Olive Lutheran Church Applicant: Medina Consultants Location Address: 5101 Saratoga Boulevard (State Highway 357) Legal Description: Being a 0.69 -acre tract of land (30,000.16 sq. ft.) tract of land, and being out of the northeast corner of Lot 2, Block 1 of the Country Club Estates Unit -18, located along the south side of Saratoga Boulevard (State Highway 357), east of Long Meadow Drive, and west of South Staples Street. Zoning Request From: "RS -6" Single -Family 6 District To: "ON" Neighborhood Office District Area: 0.689 acres Purpose of Request: To allow for the construction of an office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant High Density Residential North "RS -6" Single -Family 6 Low Density Residential Medium Density Residential South "RS -TF" Two -Family Medium Density Residential High Density Residential East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Public/Semi-Public and Commercial Government and Commercial ADP, Map & Violations Area Development Plan: The subject property is located w'thin the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "ON" Neighborhood Office District is inconsistent with the Future Land Use Map. However, the proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 044034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100 feet of street frontage along Saratoga Boulevard (SH 357) which is designated as an "A3" Primary Arterial Street. According to the Urban Transportation Plan, a Primary Arterial Street can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 �, I; t' Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Saratoga Boulevard (SH 357) "A3" Primary Arterial 130' ROW 79'paved 123' ROW 91'paved 30,953 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District to allow for the construction of an office building. Development Plan: The subject property is 0.689 acres in size. The applicant is proposing an office building. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District, consists of vacant land, annexed in 1971, and is a portion of the Mt. Olive Lutheran Church property. To the north are single-family residences (Country Club Estates 5, 1966) zoned "RS -6" Single -Family 6 District. To the south are multifamily residences (Country Club Estates, 1978) zoned "RS -TF" Two -Family District. To the east are vacant single-family residential lots (Huntington Park Unit 1, 1983) zoned "RS -6" Single -Family 6 District. To the west is Mt. Olive Lutheran Church zoned "RS -6" Single -Family 6 District. Further to the west across Long Meadow Drive, are commercial properties consisting of restaurant, fitness and office uses (Regal Plaza) zoned "CN -1" Neighborhood Commercial 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. Utilities: Water: 8 -inch C900 line located along Saratoga Boulevard (SH 357). Wastewater: 8 -inch VCP line located along the eastern property line. Gas: 2 -inch Service Line located along the eastern property line. Storm Water: Inlets along Saratoga Boulevard (SH 357). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "ON" Neighborhood Office District is generally consistent with the adopted Comprehensive Plan (Plan CC). 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 Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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 Future Land Use Map. However, 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 "ON" zoning is a transitional district that provides for limited office and commercial uses. • The "ON" Neighborhood Office District limits the size of retail and restaurant uses. Additionally, the "ON" District prohibits more intense commercial uses such as Mini - Storage, Vehicle Sales/Service, Bars, and Night Clubs. • A Type B Buffer Yard will be required along the property lines shared with single- family zoned properties. Type B Buffer Yards consist of 10 -feet of buffer space and a 10 point requirement as defined in Section 7.9.7 of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (June 12, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Public Notification Number of Notices Mailed — 18 within 200 -foot notification area 5 outside notification area As of June 7, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 4.13% 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\2019\0619-01 Mt. Olive Lutheran Church\PC Documents\Staff Report_0619-01 Mt. Olive Lutheran Church.docx Staff Report Page 4 CASE: 0619-01 ZONING & NOTICE AREA RM -I Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CM -1 Neighborhood Commercial C1.2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial Cl Intensive Commercial CAD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay B P business Park IL Light Industrial IH Heavy industrial PUO Planned Unit Dev. Overlay RS -10 Single -Family la RS -6 Slagle -Family a RS -4,5 Single -Family 0.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit Hy Recreational Vehicle Park RHO Manufactured Home EZI Sub)ept ProperlyOwners wan 200'bWkr in favor Owners wiMin 20a' Hsi. en V Owners attached ownership table Pa in opposition Staff Report Page 5 , • u sabilities planning to attend this meeting, who may require special services. are requested to contact .velopment Services Department at least 48 hours in advance at (361) 826-3240 Personas con incapacidades. . benen la intencion de asistir a esta junta v aue reauier=n servicios es•eciales les su•I - _ ten -vi-• 48 noras antes de la junta Hernando al dapartamento de servictos de desarrollo, al ntimero (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 desea dirigirse a la commission durante to junta y au ingles es limitedo, favor de Hamar al departamento de servicios de desarrllo al numero (361) 826-3240 al mono 48 horas antes de la junta para solicitar un intrsrprete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0619-01 Mt. Olive Lutheran Church has petitioned the City of Corpus Christi to consider a change of zoning from tt-e "RS -6" Single -Family 6 District to the "ON" Neighborhood Office District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as. 5101 Saratoga Boulevard (State Highway 357) and described as Lot 2, Block 1, Country Club Estates Unit 18, located along the south side of Saratoga Boulevard (State Highway 357), east of Long Meadow Drive, and west of South Staples Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council_ The public hearing will be held on Wednesday, June 12, 2019, dunng 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 8E 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 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: r e. A-1'1 uZyn c1 k I Address: i j -t > V� C r of E1 City/State: e+L'f2.(a[. C'>t4,L 7 r 7)C ( ) IN FAVOR (--1-1N OPPOSITION Phone: LI l -T A 5-`( 3t5 ( REASON' r k� t644-- 0,-,,c� �•w t Li' ' r_ fW ,tL-e.n4- ( 0r (k, Gild._(hJ -(rd. , u u. rZ 11 t t OJ k Ir t, r-�uo al AIS ti 4_yr uk.., 0-�r,c,ir (A.l ell Hoax /1 Cor -11-11-es/e, O r‘ a vltv'%,\ bLA-AAA ‘r\\4..o4,ecHkcry-N 4 .vd-i-06 a t 4tx.s1/4.-0K, k -A -•L. w� Lu \- tA. Cti C.-YU-I. A-1 —Fu,'- p rO r- f y 4.10.1,1_4...) . Lo3 ,A-41 e1, tO IL-4 i n,c,a.:) \--‘1,44-)4M- ‘• CAW.) \ n tri( C�~o, e �'�. Ct . .o,s .. n ..� �i Signature SEE MAP ON'EVERSE SIDE Case No 0619-01 INFOR Case No.: 19ZN1013 Protect Manager: Andrew Dimas Property Owner ID. 2 Email andrewd2@cctexas eom Zoning Case #0619-01 Mt. Olive Lutheran Church Rezoning for a Property at 5101 Saratoga Boulevard (SH 357) City Council Presentation July 30, 2019 Aerial Overview Subject Property at 5101 Saratoga Boulevard (SH 357) ;:Vicinity Map N PA 2,44 {c} OpenstreetMap and c9htributars, 'Er,eative Com mons-Shar€Alike LicePrse (CC -BY -SA) cf 3 Zoning Pattern Planning Commission and Staff Recommendation Approval of the "ON" Neighborhood Office District Public Notification 18 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 1 (4.13%) In Favor: 0 CN -6 RM..I RS -TF ryA Date created: 6J2&20P9 0 .\ arepaJ f meat e0evetopments jces 6 UDC Requirements Buffer Yards: ON to RS -6: Type B: 10' & 10 pts. Setbacks: Street: 20 feet Sides/Rear: 10 feet Parking: 2.4 per 1,000 SF GFA Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Office, Restaurants, Hotel, and Multifamily Uses. Utilities Water: 8 -inch C900 A J Water Main — Distribution Wastewater: 8 -inch VCP • ❑J WASTEWATER • © WASTEW/R MANHOLE Gas: 2 -inch Service Line • ./ GAS DIST MAIN -- <all other values> Storm Water: On -street inlets • f STOPMWATER • w! STORM MANHOLE AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 7/30/2019 Second Reading Ordinance for the City Council Meeting of 8/13/2019 DATE: July 1, 2019 TO: Peter Zanoni, City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Partial easement closure for property located at 3729 Berkeley Drive CAPTION: Ordinance abandoning and vacating a 4 -foot wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement to facilitate the future sale of the home, located at 3729 Berkeley Drive. BACKGROUND AND FINDINGS: The City, on behalf of Foster Dynamic Design, LLC (owner) is requesting to abandon and vacate a 4 -foot wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. This abandonment and vacation of a portion of the utility easement is being requested by the owner because of a title company survey that found the house foundation encroaching into the easement. The encroachment was not identified during the City's foundation inspection. All public and franchised utilities were contacted and there are no objections regarding the proposed partial utility easement closure. The closure is being requested to facilitate the future sale of the home. ALTERNATIVE: Denial of the proposed utility easement closure will adversely impact the Owner's ability to sell the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted and there were no stated objections regarding the partial utility easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funding Detail: Fund: Organization/Activity Mission Element: Project # Account: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating a 4 -foot wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. WHEREAS, the City, on behalf of Foster Dynamic Design, LLC. (Owner) is requesting to abandon and vacate a 4 -feet wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of the City, acting as agent on behalf of Foster Dynamic Design, LLC. ("Owner"), is requesting the abandonment and vacation of a 4 - foot wide by approximately 107 -feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3 Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive, as recorded in volume 68, page 954-955, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B," which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record within 180 days will hereby make the Ordinance null and void. b. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.010 acre tract being out of a 10' utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, as shown on a map recorded in Volume 68, Pages 954 - 955, Map Records of Nueces County, Texas. Said 0.010 acre tract being more particularly described as follows: BEGINNING at a 5/8" re -bar found at the intersection of northwest right of way of Berkeley Drive and a cutback in the northeast right of way of Mets Court, for an outside corner of Lot 3, for the east corner of said 10' utility easement, for the east corner of this survey, for a point of curvature of a curve to the right having a radius of 10.00 feet, and for the POINT of BEGINNING, from WHENCE the east corner of Lot 3 bears, North 28°35'11" East, a distance of 58.59 feet. THENCE with the common line of Lot 3, said cutback, said 10' utility easement, said curve to the right and this survey, a chord bearing South 40'22'32" West, a chord distance of 4.09 feet and a total curve distance of 4.12 feet to a point for the south corner of this survey, from WHENCE a 5/8" re -bar found at the intersection of northeast right of way of Mets Court and a cutback in the northwest right of way of Berkeley Drive and for an outside corner of Lot 3 bears a chord bearing South 85°22'32" West, a chord distance of 10.95 feet and a curve distance of 11.59 feet. THENCE North 61°24'49" West, a distance of 107.73 feet to a point for the west corner of this survey. THENCE North 28°35'11" East, a distance of 4.00 feet to a point at the intersection of the northeast line of said 10' utility easement and the southeast line of a 7.5' utility easement and for the north corner of this survey. THENCE with the common line of said 10' utility easement and this survey, South 61°24'49" East, a distance of 108.56 feet to the POINT of BEGINNING, and containing 0.010 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day June 13, 2019 and is correct to the best of my knowledge and belief. /Wanaigo e./81ziatii Ronald E. Brister, RPLS No. 5407 Date: July 9, 2019. Job No. 190907E EXHIBIT B A 0.010 ACRE TRACT BEING OUT OF A 10' UTILITY EASEMENT OUT OF LOT 3, BLOCK 4, MANHATTAN ESTATES UNIT 7, AS SHOWN ON A MAP RECORDED IN VOLUME 68, PAGES 954 - 955, MAP RECORDS OF NUECES COUNTY, TEXAS. SCALE 1" = 20' Cl (MEAS) R = 10.00' L = 4.12' TAN = 2.09' = 23° 34' 41" CB = S40° 22' 32"W, 4.09' C2 R = 10.00' L = 11.59' TAN = 6.55' =66°25'19" CB = S85° 22' 32"W, 10.95' • ►90'901 M►►6 h ►tZ .19N p = POINT = FOUND 5/8" RE -BAR = PREVIOUSLY SET 5/8" RE -BAR EXHIBIT B LOT 2 £ ZO'I £L'LOT M..617 oT9N L1 7.5' U.E. EXISTING 10' Y.R./U.E. 0.010 ACRE AN 433 S.F. • E.►6ty itz oT9S REMAINDER OF LOT 3 25' Y.R. 5' E.E. P.O.B. N28° 35' 11"E 58.59' LOT 13, BLOCK 4 MANHA'1$1'AN ESTATES UNIT 1 VOL. 67, PG. 244 M.R.N.C.T. BERKELEY DRIVE 50' RIGHT OF WAY L1 = N28° 35' 11"E 4.00' (MEAS) Brister Surveying 4455 South Padre Island Drive Suite 51. Corpus Christi, Texas 78411 Off 361-850-1800 Fax 361-850-1802 Bristersurveying@corpus.twcbc.com Firm Registration No. 10072800 JULY 9, 2019 SURVEY DALE JOB NO. 190907E NOTES: 1.) TOTAL SURVEYED AREA 15 0.010 ACRE. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) SET 5/8" RE -BAR = STEEL RE -BAR SET WITH YELLOW PLASTIC CAP LABELED BRISTER SURVEYING. 4.) A METES AND BOUNDS DESCRIPTION OF EQUAL DATE ACCOMPANIES THIS SURVEY. THIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. I, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN WAS MADE ON THE GROUND THIS DAY JUNE 13, 2019 AND IS CORRECT TO THE EST OF MY KNOWLEDGE AND B IEF. "/„/„,,W an • 11. 1W RONALD E. BRISTER R.P.L.S. NO. 5407 Easement Closure For Lot 3, Block 4, Manhattan Estates Unit 7 (3729 Berkeley Drive) City Council Presentation July 30, 2019 Vicinity Map 3729 Berkeley DR At N / / Aerial Overview At N Staff Recommendation Approval Detail Slide Easement encroachmentl' RETAIL NOT TO SCALE CI FENCE 11.1' OUTSIDE PROPERTY UNE NCE O3' DUTSIPE THOPERTY L1xe LOT 2 N28' 3d O9"E 68.94 (PLAT) N2B° 33' I1"E 69.54 (MEAS) Ernie TS OUSE/DE PROPERTY LOT 1 CE Oki. °union PROPERTY UNE FENCE 0.1' OUTSIDE PROPERTY UNE P7 a4 tri m0 2$ FENCER/. ImrDE PR.OPERTYUNE DETAIL MOT TO S[ALp L. um DEM - mw I EE3RP EN= N -Ill]]) r't' O . FOUND SB"REBAR PSI PLENTY CORNER = SET 5i' RE•RAR S2B°35':I W 1355' (MEAS) S28°35 49''w .w.51( {PLAT) 3729 BERKELEY DRIVE 5P N-UGFITOF WAY ROPES: SCHEDULE IF LTEMSE L,) E.) ALE NO. RIIETIWSSAPPLITs I:•NZI,'IS nn NOT .TS PLY LJ FiL_ RI sNK=T At N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 30, 2019 Second Reading Ordinance for the City Council Meeting August 13, 2019 DATE: July 8, 2019 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating a grant for the Internet Crimes Against Children (ICAC) Task Force program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100 to purchase equipment and supplies for the ICAC Task Force program and appropriating $10,100 to the Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force (ICAC). The ICAC is a national network of 61 coordinated task forces representing over 4,500 federal, state, and local law enforcement, and prosecutorial agencies. These agencies are continuously engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet. The Police Department has been a member of the ICAC since 2003. The funds are made available to the City by virtue of being a member of the Task Force. Each year we are advised by ICAC how much money we will be awarded. These funds will be used for the renewal of computer software licenses, BlackBag Blacklight, X -Ways Forensics software, and Passware Kit Forensics license. Other supplies to be purchased include a microscope, digital camera for microscope, internal hard drives, and other types of tools needed to dismantle and discern if a computer has been involved with child pornography. There is no match required by the City. Funds are available from June 1, 2019 through August 31, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating Revenue El Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,100 0 $10,100 BALANCE Funding Detail: Fund: 1061 Police Grants Organization/Activity: Mission Element: 052 Investigate Crime Project # (CIP Only): Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Grant budget Ordinance Authorizing the acceptance of a grant from the Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,100.00 in the Police Grants Fund. 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 from the Office the Attorney General for Internet Crimes Against Children (ICAC) Task Force program in the amount of $10,100.00 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,100.00 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor Office of the Attorney General Grants Administration Division FY 2019 Detailed Budget Grantee Corpus Christi Police Department Grant Number 1994912 Grant Title Internet Crimes Against Childen (ICAC) City Corpus Christi County Nueces Grant Period June 1, 2019 - August 31, 2019 Budget Version Initial EQUIPMENT $ $ $ $ $ $ $ $ $ $ $ $ Equipment Total $ $ $ SUPPLIES Microscope $ 700 $ $ 700 Digital Camera for Microscope $ 400 $ $ 400 Mats (1 Soldering and 3 Magnetic Project) $ 80 $ $ 80 Desoldering Braids (3 MG #1, 3 MG #2, 3 MG #3, 3 MG #4) $ 60 $ $ 60 Tools (1 Phone Opener, 1 Probe & Pick Set, 1 Tweezer Set, 1 3rd Hand Tools with Tweezers, 1 Micro Cutter, 1 Long -nose Pliers) $ 85 $ $ 85 Solder Rolls (24-6337-0027 and 24-6337-0010) $ 55 $ $ 55 Write Blocker $ 2,100 $ $ 2,100 Rework Station $ 320 $ $ 320 SMD -291 No Clean Flux $ 20 $ $ 20 4 Pack Polyimide Tape $ 10 $ $ 10 Dual Solder Reel $ 20 $ $ 20 T18 Soldering Tips 5 -Pack $ 15 $ $ 15 8 TB Internal Hard Drives HDD (10) $ 1,500 $ $ 1,500 USB Adapter (3) $ 100 $ $ 100 Supplies Total $ 5,465 $ $ 5,465 OTHER DIRECT OPERATING EXPENSES 7 BlackBag BlackLight Renewal (2) $ 1,380 $ $ 1,380 X -Ways Forensics BYOD software renewal $ 1,070 $ $ 1,070 Passware Kit Forensic License $ 1,095 $ $ 1,095 Passware Kit Forensic Renewal (2) $ 1,090 $ $ 1,090 Other Direct Operating Expenses Total $ 4,635 $ $ 4,635 TOTAL BUDGET $ 10,100 $ $ 10,100 Office of the Attorney General Grants Administration Division Office of the Attorney General Internet Crimes Against Children (ICAC) Fiscal Year 2019 Invoice 2018 -MC -FX -K065 Email To: Invoices@oag.texas.gov Grants Administration Division Contact: Title: Criminal Justice Grant Manager Email: Jessica.Bazan@oag.texas.gov Telephone: (512) 936-2913 Date of Invoice: Invoice #: Texas TIN: Organization Name: Corpus Christi Police Department Mailing Address: City: State: Zip Code: Contact Person: Title: Email Address: Telephone: Month of Service Grant Number: PCA Code: Amount of Claim Jun -19 1994912 15800 Note - 1: Invoice must be received no later than 20 days after service period. Description of Services: Note 2: Reimbursement for services rendered on a contract basis under the Internet Crimes Against Children to the Office of the Attorney General (Term: June 1, 2019 to August 31, 2019). Note - 3: None of the costs billed under this invoice have been charged to any other state or federal grant, contract, or any other funding source. I certify that the expenses being requested for reimbursement are correct and unpaid. Note - 4: The Amount of Claim must be equal to the amount stated in "Total" line in the appropriate Service Month on the Financial Status Report (FSR). Authorized Official or Designee Signature Note - 5: Must be signed by the Authorized Official or the Alternate Designee. Signature of Authorized Official or Alternate Designee Date Typed Name of Authorized Official or Alternate Designee and Title For OAG Use Only Date Received by Grants Administration Division of the OAG: GAD Fiscal Approval / Date Date Received by OAG-Accounting: Office of the Attorney General Grants Administration Division Contract No. 1994912 Organization Name: Corpus Christi Police Department Budget Adjustment or 10% Budget Modification Actual ICAC Grant Expenditures FY 2019 Current Approved pp Budget Increase or Decrease FY 2019 Revised Approved pp Budget % of Change by Line Item increase or Decrease ICAC PROJECT FY 20'19 Current Approved Budget Sept. 2018 Oct. 2018 Nov. 2018 1st Qtr Total Qtrly °/0 Dec. 2018 Jan. 2019 Feb. 2019 2nd Qtr Total cztriy % Budget Category 1st Quarter 2nd Quarter Salary 0 0.00 0% 0.00 0% 0.00 0.00 0% Fringe 0 0.00 0% 0.00 0% 0.00 0.00 0% Prof/Consultant 0 0.00 0% 0.00 0% 0.00 0.00 0% Travel 0 0.00 0% 0.00 0% 0.00 0.00 0% Equipment 0 0.00 0% 0.00 0% 0.00 0.00 0% Supplies 5,465 0.00 0% 0.00 0% 5,465.00 5,465.00 0% Other DOE 4,635 dm 0.00 0% 0.00 0% 4,635.00 4,635.00 0% Total 10,100 0.00 0.00 0.00 0.00 0% 0.00 0.00 0.00 0.00 0% 10,100.00 0.00 10,100.00, 10% of budget 1,010.00 Actual ICAC Grant Expenditures ICAC PROJECT FY 2019 Current Approved Budget Mar. 2019 Apr. 2019 May 2019 3rd Qtr Total Qtrly % Jun. 2019 Jul. 2019 Aug. 2019 4th Qtr Total Qtrly Year -to -Date Financial Information Budget Category 3rd Quarter 4th Quarter YTD Total % Balance Balance % Salary 0 ' 0.00 0% 0.00 0% 0.00 0% 0.00 0% Fringe 0 0.00 0% 0.00 0% 0.00 0% 0.00 0% Prof/Consultant 0 0.00 0% 0.00 0% 0.00 0% 0.00 0% Travel 0 0.00 0% 0.00 0% 0.00 0% 0.00 0% Equipment 0 0.00 0% 0.00 0% 0.00 0% 0.00 0% Supplies 5,465 0.00 0% 0.00 0% 0.00 0% 5,465.00 100% Other DOE 4,635 0.00 0% 0.00 0% 0.00 0% 4,635.00 100% Total 10,100 0.00 0.00 0.00 0.00 0% 0.00 0.00 0.00 0.00 0% 0.00 0% 10,100.00 100% Negative Amount Total: $ - Preparer's Comments: AGENDA MEMORANDUM First Reading for the City Council Meeting of July 30, 2019 Second Reading for the City Council Meeting of August 13, 2019 DATE: July 30, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn(a�cctexas.corn (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2cctexas.com (361) 826-3169 Four Trailer -mounted Portable Air Compressors for Gas Department CAPTION: Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer -mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA- Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. PURPOSE: This item is to approve the purchase of four trailer -mounted portable air compressors for the Gas Department. BACKGROUND AND FINDINGS: The Gas Department currently has a need to purchase four trailer -mounted portable air compressors. These units are all replacement units, and require replacement now that they exceed their life cycle of 8 years. One unit being replaced is 29 years old, another one is 23 years old and two are 19 years old. These portable air compressors are used as the final step to check the City's gas mains before they can be put into service. The mains, after either welded or fused, are pressure tested for a period of time to check for leaks. The purchase of these air compressors is through the NJPA - Sourcewell Cooperative. Contracts awarded through the NJPA - Sourcewell 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 DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,071,021.11 $0.00 $8,071,021.11 Encumbered / Expended Amount $7,332,643.94 $0.00 $7,332,643.94 This item $77,350.00 $0.00 $77,350.00 BALANCE $661,027.27 $0.00 $661,027.17 Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5110 Fleet Maintenance Service 40120 Equipment Purchases- Fleet 202 Maintain the fleet N/A 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Ordinance appropriating $77,350.00 from the Fleet Fund Future Replacement balance; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures by $77,350.00; and approving the purchase of four trailer -mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, via NJPA-Sourcewell Cooperative for a total amount not to exceed $77,350.00 funded from the Fleet Maintenance Service Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $77,350.00 are appropriated from the Fleet Fund Future Replacement Reserve and appropriated into the Equipment Purchase expenditure Org. 40120 in Fleet Fund No. 5110 for the purchase of four trailer -mounted portable air compressors from ROMCO Power Systems. SECTION 2. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $77,350.00. SECTION 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase of four trailer -mounted portable air compressors from ROMCO Power Systems of Corpus Christi, Texas, based on the cooperative purchasing agreement with NJPA-Sourcewell Cooperative, for a total amount not to exceed $77,350.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI Contracts and Procurement Buyer: Cynthia Perez Price Sheet Portable Air Compressors for Gas Department NJPA Contract #032515 -ACC ITEM DESCRIPTION QTY. UNIT ROMCO Power Systems Corpus Christi, TX Unit Price Extended Price 1 New Atlas Copco XAS 185 KDT4F Hardhat Portable Air Compressor 4 EA. $19,250.00 $77,000.00 2 Freight 1 EA. $350.00 $350.00 TOTAL: $77,350.00 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 30, 2019 Second Reading for the City Council Meeting of August 13, 2019 DATE: July 17, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 Construction Contract Ayers Street Pedestrian Improvements & Turn Lane Addition (Bond 2014, Proposition 2) CAPTION: Ordinance awarding a contract to Haas -Anderson Construction, LTD in the amount of $11,016,599.50 for construction of Ayers Street Pedestrian improvements and turn lane addition from South Padre Island Drive (SPID) to Gollihar Road for the base bid and additive alternate no. 1 with asphalt pavement; amending the FY2019 Capital Improvement Program Budget to support the use of Bond 2014 Proposition 1 funds, increase the budget, and funds are available in Bond 2014 Streets and various utility funds. PURPOSE: This provides for construction of the Ayers Street Pedestrian Improvement & Turn Lane Addition Project to implement critical roadway and sidewalk improvements to enhance public safety along this corridor. BACKGROUND AND FINDINGS: The Ayers Street Pedestrian Improvements & Turn Lane Addition project was approved in the Bond 2014 Program with a budget of $2,000,000. The project was a late addition by City Council to the Bond 2014, Proposition 2 as the result of a pedestrian fatality that occurred along that section of roadway. The project did not have the benefit of a feasibility study or preliminary engineering report as the basis of the project budget. The original roadway was a 2 -lane rigid concrete pavement that was constructed by the Navy in the 1950's as part of the construction of the Cabaniss Field Navy Outlying Field. Ayers Street Project No.: E15106 1 MA/LH Legistar No.: 19-0740 Rev. 3 — 07/19/19 was widened in the 1970's and incorporated the rigid concrete into the center lanes of the base/subgrade section of the new asphalt (H MAC) roadway. Currently, Ayers Street from Gollihar to McArdle is 4 -lanes with designated left-hand turn lanes at both the Gollihar and McArdle intersections. Ayers Street from McArdle to SPID is 5 -lanes with designated left-hand turn lanes at McArdle, and the Mission Plaza mall on Ayers near Nemec Street. The project requires converting existing roadside drainage ditches to underground culverts with new sidewalks, ADA ramps, curb & gutter, and driveway adjustments. The project includes widening and profile adjustments to accommodate a new center turn lane and dedicated right turn lanes at both Sunnybrook and Mansheim intersections. The signal improvements needed due to widening are included in the Highway Safety Improvements Program (HSIP). This project includes existing on -street head -in parking that must be accommodated to incorporate the new sidewalks and drainage improvements. During the design phase, it was a challenge to provide technically sound design solutions within the scope as described in the brochure language. As design evolved, the scope began to resemble more of a full -reconstruction bond project than a limited retrofit of pedestrian facilities. The project was originally advertised to bid in February 2018. After extensive contractor questions, the bid was withdrawn to address constructability concerns related to retrofitting improvements to the existing roadway and related structures. Contractors presented challenges with achieving proper compaction of existing materials (rigid concrete center and new asphalt pavement). There were also concerns related to the old concrete roadway that had been left in place when the road was elevated and widened. The major concern being inability to mill the rigid concrete, given the age and hardness, requiring full depth removal of the encroached rigid concrete with full depth replacement using asphalt pavement. In addition to constructability concerns, Contractors indicated bids would far exceed estimated cost with a few contractors indicating they may not bid the project at all. Therefore, the bid was cancelled, and a redesign strategy implemented to minimize encroachment onto the rigid concrete pavement and provide an alternative to reconstruct the entire pavement section. Staff worked with the design engineer to identify economies to reduce cost of the project. The design engineer completed the project redesign with a Base Bid for limited street rehab and Additive Alternative No. 1 for full street reconstruction (30 -year design). The project also includes an extension of the ADA compliant sidewalk on the east side of Ayers Street from Gollihar to Port Avenue to connect pedestrian accessibility to the Regional Transportation Authority (RTA) Port - Ayers Transfer Station, jointly funded by the City and RTA (Interlocal Agreement approved by City Council in May 2016). The project was re -advertised and bids received in March 2019. Engineering Services and the Street Department believe the project, as revised, represents the best approach going forward. The project was developed with a Base Bid plus Additive Alternate No. 1 as follows: BASE BID — Widen approximately 3,000 linear feet of Ayers Street to accommodate the addition of a continuous center turn -lane with right turn lanes at SPID, McArdle and Gollihar, new curb & gutter, sidewalks and ADA curb ramps. The base bid includes mill & overlay of the existing pavement within the project limits with utility improvements for storm water, water, wastewater, and gas. This base bid also includes an extension of the sidewalk along the east side of Ayers Street from Gollihar to Port Avenue that is partially funded by the Regional Transit Authority (RTA) under an Interlocal Agreement. ADDITIVE ALTERNATE NO. 1 — Provides for full reconstruction of the entire pavement section and deletes the mill & overlay. Project No.: E15106 2 MA/LH Legistar No.: 19-0740 Rev. 3 — 07/19/19 On March 20, 2019 the City received proposals from three (3) bidders as shown below. BID SUMMARY CONTRACTOR BASE BID ADDITIVE ALT. NO. 1 TOTAL PROJECT BID Haas -Anderson Construction, Ltd. Corpus Christi, Texas $10,373,644.25 $642,955.05 $11,016,599.50 Clark Pipeline Services Corpus Christi, Texas $11,126,647.16 $1,929885.74 $13,056,532.90 Bay Ltd. Corpus Christi, Texas $11,854,859.00 $1,754,244.70 $13,609,103.70 Engineer's Opinion of Probable Cost $6,501,705.87 $335,615.10 $6,837,320.97 The extended timeline from the bid date to this award was required to receive bids for the last major street project under Bond 2014; Morgan Street Reconstruction (Staples to Ocean Drive) Bond 2014 Proposition 1. This allowed City staff to determine the available funds from the Bond programs. The low bidders agreed to extend their bids during this time. City staff reconciled Bond 2014 Prop 1 and Prop 2 budgets and updated the estimates to complete all active and future Bond 2014 projects. The reconciliation concluded there are sufficient funds remaining in Bond 2014 combined with accrued interest ($2.5M) and previous tax notes used for design of Bond 2014 ($3.0M) to award the Base Bid and Additive Alternate 1 for the construction contract. Awarding the Base Bid and Additive Alternate 1 to Haas -Anderson Construction, Ltd. requires $5.28M of proceeds from Bond 2014 instead of the $2M originally authorized on Bond 2014 Prop 2. ALTERNATIVES: 1. Authorize award of a contract for construction. (Recommended) 2. Do not authorize award of a contract for construction. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews & Newman, Inc. is the design engineer that was selected for this project under Request for Qualifications No. 2014-08 (February 2015). 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 Project No.: E15106 3 MA/LH Legistar No.: 19-0740 Rev. 3 — 07/19/19 FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 754,042.00 12,605,939.20 13,359,981.20 Encumbered / Expended Amount 754,042.00 754,042.00 This item 11,016,599.50 11,016,599.50 Future Anticipated Expenditures This Project 1,589,339.70 1,589,339.70 BALANCE 0.00 0.00 0.00 Funds: Street Bond 2014, RTA, Utilities CIP Funds This Item: Street Bond CIP Fund 3551: $5,208,044.33 RTA Receivable Fund 3530: 80,000.00 Storm Water CIP Fund 3497: 3,616,185.24 Water CIP Fund 4098: 1,761,077.18 Wastewater CIP Fund 4510: 332,409.31 Gas CIP Fund 4551: 18,883.44 RECOMMENDATION: Staff and Lockwood, Andrews and Newnam, Inc. recommend awarding the construction contract to Haas -Anderson Construction, Ltd. for the Base Bid plus Additive Alternate 1. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Bid Tab Project No.: E15106 4 MA/LH Legistar No.: 19-0740 Rev. 3 — 07/19/19 ORDINANCE AWARDING A CONTRACT TO HAAS -ANDERSON CONSTRUCTION, LTD IN THE AMOUNT OF $11,016,599.50 FOR CONSTRUCTION OF AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION FROM SOUTH PADRE ISLAND DRIVE (SPID) TO GOLLIHAR ROAD FOR THE BASE BID AND ADDITIVE ALTERNATE NO. 1 WITH ASPHALT PAVEMENT; AMENDING THE FY2019 CAPITAL IMPROVEMENT PROGRAM BUDGET TO SUPPORT THE USE OF BOND 2014 PROPOSITION 1 FUNDS, INCREASE THE BUDGET, AND FUNDS ARE AVAILABLE IN BOND 2014 STREETS AND VARIOUS UTILITY FUNDS. WHEREAS, in November 2014, voters approved Bond 2014, Proposition 2, that included the Ayers Street Pedestrian Improvements and Turn Lane Project from SPID to Gollihar ("Project"); WHEREAS, there are funds remaining from Bond 2014, Proposition 1 after making due provision for the Proposition 1 street improvement projects and required funds to complete the Project currently exist within Fund 3551 Street 2015 GO Bond 2014 reserves; and WHEREAS, the City Council approved the FY 2018 — 2019 Capital Improvement Program (CIP) Budget on its second reading on September 18, 2018, by Ordinance No. 031550; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council supports the use and commitment of necessary funding from Bond 2014, Proposition 1 to be used on Bond 2014, Proposition 2 street improvement projects. SECTION 2. The FY 2019 Capital Improvement Budget adopted by Ordinance No. 031550 is amended to increase the budget in the amount of $4,405,715.00 for the Ayers Street Pedestrian Improvements and Turn Lane Project from South Padre Island Drive (SPID) to Gollihar Road. SECTION 3. The City Manager or designee is authorized to execute a construction contract with Haas -Anderson Construction of Corpus Christi, Texas in the amount of $11,016,599.50 for the Base Bid and Additive Alternate No. 1 for Ayers Street Pedestrian Improvements and Turn Lane Project from South Padre Island Drive (SPID) to Gollihar Road. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Ayers Street Pedestrian Improvements and Turn Lane Project (South Padre Island Drive to Gollihar) (Bond 2014, Proposition 2) PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 6,405,715 Regional Transportation Authority 80,000 Utilities 6,874,266 Storm Water 4,339,422 Water 2,113,293 Wastewater 398,891 Gas 22,660 TOTAL FUNDS AVAILABLE 13,359,981 FUNDS REQUIRED: Construction and Contingency Fees• 11,567,529 Construction (Haas -Anderson Construction) THIS ITEM 11,016,599 Street 5,288,044 Utilities 5,728,555 Storm Water 3,616,185 Water 1,761,077 Wastewater 332,409 Gas 18,883 Contingency (5%) 550,930 Construction Inspection and Testing Fees- 485,580 Construction Inspection (Estimate) 385,580 Construction Material Testing Services (Estimate) 100,000 Design and Geotechnical Fees- 754,042 Engineer (Lockwood, Andrews & Newnam.) 711,875 Geotech Testing (Rock Engineering) 20,372 SUE Services (Cobb, Finley and Associates).. 21,795 Reimbursement Fees. 552,830 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 220,332 Engineering Services (Project Mgt) 330,498 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 13,359,981 ESTIMATED PROJECT BUDGET BALANCE 0 PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E15106 Ayers Street Pedestrian Improvements and Turn Lane (Bond 2014, Proposition 2) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Crrr sti Engineering Ayers Street Pedestrian Improvements and Turn Lane (Bond 2014, Proposition 2) Council Presentation July 30, 2019 Project Location Corpus Chr•sti Engineering AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE Vicinity Map Corpus Carr. sti Engineering RTA TRANSFER STATION SCALE: N.T.S. AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE 5 e Road Section Corpus Chr'sti Engineering DITICH TRAVEL LANES ci TRAVEL LANES UNPAVED PARKING EXISTING .Sc 1` TRAVEL LANES TURN LANE TRAVEL LANES ON STREET PARKING PROPOSED 4 Project Scope Corpus Carr sti Engineering The project includes a Base Bid plus an Additive Alternate No. 1 as follows: Base Bid: • Widening the existing 4 -lane roadway to a narrow 5 -lane section with designated turn lanes at Ayers/Mansheim and Ayers/Sunnybrook intersection • Traffic signalization improvements with pavement markings and signage • New curb & gutter, sidewalks, ADA ramps • Utility improvements for water, wastewater, gas and new underground storm water system • Mill and overlay of the entire roadway Additive Alternative No. 1: (Recommended) • Full reconstruction of the pavement section in lieu of a mill & overlay • The Base Bid includes extending the ADA compliant sidewalk on the east to the Port -Ayers Bus Transfer Station with joint City/RTA funds �n April 22, 2019 Mr. Jeff H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY Reference: Letter of Base Bid with Additive Alternate No. 1 Recommendation — Revised Bond 2014 - Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar (E15106) Dear Mr. Edmonds: Lockwood, Andrews and Newnam (LAN) has completed our tabulations (see attached) and evaluations of the bids submitted for the Revised Bond 2014 - Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar (E15106). • The apparent low -bidder, Haas -Anderson Construction, Ltd. submitted a base bid of $10,373,644.25 and a base bid with additive alternate no. 1 of $11,016,599.50. • Clark Pipeline Services submitted a base bid of $11,126,647.16 and a base bid with additive alternate no. 1 of $13,056,532.90. See Note 1. • Bay Ltd. submitted a base bid of $11,854,859.00 and a base bid with additive alternate no. 1 of $13,609,103.70. See Note 2. Notes: 1. Math errors totaling $134,546.35 in Clark Pipeline Services' additive alternate no. 1 were corrected. See pink highlights on bid tab for affected bid items. 2. Math errors totaling $203,644.02 in Bay Ltd's additive alternate no. 1 were corrected. See pink highlights on bid tab for affected bid items. Therefore, based on their experience and satisfactory performance on similar projects, and their apparent low -bid, LAN recommends that the City of Corpus Christi select Haas -Anderson Construction, Ltd. with a base and additive alternate no. 1 amount totaling $11,016,599.50 as the Contractor for the Revised Bond 2014 - Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar (E15106). Sincerely,, F Scott Ha ris, P.E. Senior Project Manager / Design Engineer of Record Attachments: Bid Tabulation Copy: Marissa Alaniz 500 N. Shoreline Blvd, Suite 905 • Corpus Christi, Texas 78401 • • 361.882.2257 • www.lan-inc.com TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 a Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT QUTMATED ANTITY UNIT PRICE IL AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) SF 20905 Al MOBILIZATION (5% MAX) LS 1 $ 500,000.00 $ 500,000.00 $ 542,250.00 $ 542,250.00 $ 586,500.00 $ 586,500.00 A2 BONDS LS 1 $ 63,000.00 $ 63,000.00 $ 162,675.00 $ 162,675.00 $ 63,300.00 $ 63,300.00 A3 STORMWATER POLLUTION PREVENTION PLAN LS 1 $ 50,000.00 $ 50,000.00 $ 18,075.00 $ 18,075.00 $ 65,000.00 $ 65,000.00 A4 SILT FENCE LF 3732 $ 4.80 $ 17,913.60 $ 4.82 $ 17,988.24 $ 7.00 $ 26,124.00 A5 BLOCK SOD SY 5016 $ 5.15 $ 25,832.40 $ 5.72 $ 28,691.52 $ 6.80 $ 34,108.80 A6 HYDROMULCH/SEEDING SY 6447 $ 1.20 $ 7,736.40 $ 10.24 $ 66,017.28 $ 1.80 $ 11,604.60 A7 SILT FENCE (NORTH OF GOLLIHAR) LF 636 $ 5.10 $ 3,243.60 $ 6.03 $ 3,835.08 $ 11.00 $ 6,996.00 A8 BLOCK SOD (NORTH OF GOLLIHAR) SY 427 $ 6.65 $ 2,839.55 $ 9.34 $ 3,988.18 $ 8.90 $ 3,800.30 A9 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.) MO 14 $ 15,000.00 $ 210,000.00 $ 3,651.15 $ 51,116.10 $ 16,000.00 $ 224,000.00 A10 TRAFFIC CONTROL PLAN AND PREP LS 1 $ 130,000.00 $ 130,000.00 $ 9,034.50 $ 9,034.50 $ 52,600.00 $ 52,600.00 All TRAFFIC CONTROL PLAN MOBILIZATION / ADJUSTMENTS EA 3 $ 15,000.00 $ 45,000.00 $ 4,579.00 $ 13,737.00 $ 27,200.00 $ 81,600.00 Al2 STORMWATER POLLUTION PREVENTION PLAN (NORTH OF GOLLIHAR) LS 1 $ 10,000.00 $ 10,000.00 $ 1,807.50 $ 1,807.50 $ 10,200.00 $ 10,200.00 A13 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, MO 3 $ 5,000.00 $ 15,000.00 $ 3,651.15 $ 10,953.45 $ 12,700.00 $ 38,100.00 A14 TRAFFIC CONTROL PLAN AND PREP (NORTH OF GOLLIHAR) LS 1 $ 15,000.00 $ 15,000.00 $ 4,217.50 $ 4,217.50 $ 3,600.00 $ 3,600.00 A15 TCP MOBILIZATION / ADJUSTMENTS (NORTH OF GOLLIHAR) EA 2 $ 2,500.00 $ 5,000.00 $ 2,530.50 $ 5,061.00 $ 6,800.00 $ 13,600.00 A16 OZONE ACTION DAY DAY 5 $ 3,000.00 $ 15,000.00 $ 180.75 $ 903.75 $ 460.00 $ 2,300.00 A17 SITE CLEARING AND STRIPPING AC 4 $ 200,000.00 $ 800,000.00 $ 27,413.75 $ 109,655.00 $ 11,600.00 $ 46,400.00 SUBTOTAL PART A - GENERAL (Items Al thru All) $ 1,915,565.55 B12 $ 1,050,006.10 SY $ 1,269,833.70 Part B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 01 REMOVE AND DISPOSE OF CONCRETE DRIVEWAYS SF 20905 $ 1.90 $ 39,719.50 $ 5.02 $ 104,943.10 $ 11.00 $ 229,955.00 B2 REMOVE AND DISPOSE OF ASPHALT DRIVEWAYS SF 4991 $ 0.75 $ 3,743.25 $ 3.77 $ 18,816.07 $ 7.10 $ 35,436.10 B3 REMOVE AND DISPOSE OF CONCRETE BUS PAD SF 1189 $ 2.55 $ 3,031.95 $ 15.06 $ 17,906.34 $ 11.25 $ 13,376.25 B4 REMOVE AND DISPOSE OF MISC. CONCRETE SF 14543 $ 2.50 $ 36,357.50 $ 6.03 $ 87,694.29 $ 6.30 $ 91,620.90 95 STREET EXCAVATION SY 4515 $ 17.00 $ 76,755.00 $ 21.91 $ 98,923.65 $ 19.00 $ 85,785.00 B6 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY 9225 $ 22.00 $ 202,950.00 $ 36.52 $ 336,897.00 $ 32.00 $ 295,200.00 B7 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY 162 $ 102.00 $ 16,524.00 $ 60.25 $ 9,760.50 $ 36.00 $ 5,832.00 138 FULL DEPTH PAVEMENT REPLACEMENT - 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY 9387 $ 4.15 $ 38,956.05 $ 15.97 $ 149,910.39 $ 11.50 $ 107,950.50 99 FULL DEPTH PAVEMENT REPLACEMENT - GEOGRID (TENSAR BX1100 or TX- 5) SY 9387 $ 2.55 $ 23,936.85 $ 8.65 $ 81,197.55 $ 5.20 $ 48,812.40 B10 FULL DEPTH PAVEMENT REPLACEMENT - 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 9387 $ 31.00 $ 290,997.00 $ 38.56 $ 361,962.72 $ 33.00 $ 309,771.00 Bll FULL DEPTH PAVEMENT REPLACEMENT - PRIME COAT (0.20 GALLONS/SY) GAL 1420 $ 6.10 $ 8,662.00 $ 15.36 $ 21,811.20 $ 11.00 $ 15,620.00 B12 FULL DEPTH PAVEMENT REPLACEMENT - 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY 7064 $ 33.00 $ 233,112.00 $ 56.40 $ 398,409.60 $ 40.00 $ 282,560.00 B13 FULL DEPTH PAVEMENT REPLACEMENT - 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY 7064 $ 22.00 $ 155,408.00 $ 34.95 $ 246,886.80 $ 25.00 $ 176,600.00 B14 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY 4515 $ 4.15 $ 18,737.25 $ 12.35 $ 55,760.25 $ 8.80 $ 39,732.00 B15 GEOGRID (TENSAR BX1100 or TX -5) SY 4515 $ 2.55 $ 11,513.25 $ 8.31 $ 37,519.65 $ 5.10 $ 23,026.50 B16 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 4515 $ 31.00 $ 139,965.00 $ 38.56 $ 174,098.40 $ 32.00 $ 144,480.00 B17 PRIME COAT (0.20 GALLONS/SY) GAL 730 $ 6.10 $ 4,453.00 $ 11.81 $ 8,621.30 $ 8.40 $ 6,132.00 B18 5" TYPE '13' HMAC, TXDOT ITEM 340, PG64-22 SY 3630 $ 33.00 $ 119,790.00 $ 63.60 $ 230,868.00 $ 46.00 $ 166,980.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 1 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B19 3" TYPED' HMAC, TXDOT ITEM 340, PG64-22 SY 3630 $ 22.00 $ 79,860.00 $ 42.18 $ 153,113.40 $ 30.00 $ 108,900.00 B20 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=1") SY 6825 $ 2.45 $ 16,721.25 $ 6.27 $ 42,792.75 $ 4.50 $ 30,712.50 B21 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >1" TO <=2") SY 2940 $ 4.90 $ 14,406.00 $ 12.05 $ 35,427.00 $ 8.70 $ 25,578.00 B22 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >2" TO <=4") SY 4360 $ 9.80 $ 42,728.00 $ 12.95 $ 56,462.00 $ 9.40 $ 40,984.00 B23 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >4" TO <= 6") SY 2370 $ 15.00 $ 35,550.00 $ 15.67 $ 37,137.90 $ 11.25 $ 26,662.50 B24 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >6" TO <= 8") SY 380 $ 20.00 $ 7,600.00 $ 27.72 $ 10,533.60 $ 20.00 $ 7,600.00 B25 PLANING & TEXTURING CONCRETE PAVEMENT, TXDOT ITEM 354 & 483, SPECIAL SPEC. 3004 (TOTAL PLANING THICKNESS >0" TO <=2") SY 100 $ 330.00 $ 33,000.00 $ 79.53 $ 7,953.00 $ 57.00 $ 5,700.00 B26 HMAC LEVEL -UP - TYPE 'D', TXDOT ITEM 340, PG64-22 TON 2900 $ 125.00 $ 362,500.00 $ 204.85 $ 594,065.00 $ 150.00 $ 435,000.00 B27 1-1/2" MIN. HMAC OVERLAY - TYPED, TXDOT ITEM 340, PG64-22 SY 16875 $ 19.00 $ 320,625.00 $ 16.87 $ 284,681.25 $ 12.00 $ 202,500.00 B28 SAW CUT (1-1/2" MAX) EXISTING HMAC PAVEMENT AT FULL DEPTH PAVEMENT REMOVAL AND REPLACEMENT LF 8120 $ 3.60 $ 29,232.00 $ 4.82 $ 39,138.40 $ 2.50 $ 20,300.00 B29 HMAC PAVEMENT CORE/DRILL HOLE - 1" DIA. EA 20 $ 480.00 $ 9,600.00 $ 638.65 $ 12,773.00 $ 450.00 $ 9,000.00 B30 HMAC PAVEMENT CORE HOLE - 6" DIA. EA 9 $ 691.00 $ 6,219.00 $ 674.80 $ 6,073.20 $ 490.00 $ 4,410.00 B31 CONCRETE DRIVEWAY (6" THICK) SY 3724 $ 150.00 $ 558,600.00 $ 94.39 $ 351,508.36 $ 130.00 $ 484,120.00 B32 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(24")(SLD)(100 MIL) - STOP BAR LF 262 $ 17.00 $ 4,454.00 $ 16.87 $ 4,419.94 $ 20.00 $ 5,240.00 B33 REFLECTIVE PREFORMED PAVEMENT MARKINGS TY.1 (W)(TRIANGLES)(SLD)(100 MIL) - YIELD BAR LF 20 $ 30.00 $ 600.00 $ 30.13 $ 602.60 $ 36.00 $ 720.00 B34 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(24")(SLD)(100 MIL) - ROAD LF 518 $ 17.00 $ 8,806.00 $ 17.47 $ 9,049.46 $ 21.00 $ 10,878.00 B35 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(8")(SLD)(100 MIL) - ROAD LF 1344 $ 0.95 $ 1,276.80 $ 0.96 $ 1,290.24 $ 1.15 $ 1,545.60 B36 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(SLD)(100 MIL) - ROAD LF 2376 $ 0.45 $ 1,069.20 $ 0.46 $ 1,092.96 $ 0.55 $ 1,306.80 B37 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(4")(SLD)(100 MIL) - ROAD LF 7450 $ 0.45 $ 3,352.50 $ 0.46 $ 3,427.00 $ 0.55 $ 4,097.50 B38 REFLECTIVE PAVEMENT MARKINGS TY.1 (B)(4")(SLD)(100 MIL) - PARKING LF 341 $ 3.90 $ 1,329.90 $ 3.92 $ 1,336.72 $ 4.70 $ 1,602.70 B39 REFLECTIVE PAVEMENT MARKINGS TY.1 (Y)(4")(BKN)(100 MIL) - ROAD LF 870 $ 0.50 $ 435.00 $ 0.48 $ 417.60 $ 0.60 $ 522.00 B40 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(BKN)(100 MIL) - ROAD LF 1930 $ 0.45 $ 868.50 $ 0.46 $ 887.80 $ 0.55 $ 1,061.50 B41 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(4")(BKN)(100 MIL) - ROAD - LANE -DROP LF 856 $ 0.50 $ 428.00 $ 0.48 $ 410.88 $ 0.60 $ 513.60 B42 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(COMBO STRAIGHT/RIGHT TURN ARROW)(100 MIL) EA 1 $ 451.00 $ 451.00 $ 451.88 $ 451.88 $ 540.00 $ 540.00 B43 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(RIGHT TURN ARROW)(100 MIL) EA 13 $ 235.00 $ 3,055.00 $ 234.98 $ 3,054.74 $ 280.00 $ 3,640.00 B44 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(LEFT TURN ARROW)(100 MIL) EA 21 $ 235.00 $ 4,935.00 $ 234.98 $ 4,934.58 $ 280.00 $ 5,880.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 2 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT OUTANTITY UNIT PRICE AMOU T UNIT PRICE CONCRETE BUS PAD AMOUNT 3960 UNIT PRICE 23.00 AMOUNT B45 PREFABRICATED PAVEMENT MARKINGS TY. 1 (W)(DIRECTIONAL ARROW)(100 MIL) EA 13 $ 632.00 $ 8,216.00 $ 632.63 $ 8,224.19 $ 750.00 $ 9,750.00 B46 PREFABRICATED PAVEMENT MARKINGS TY.1 (W)(WORD)"ONLY"(100 MIL) EA 18 $ 331.00 $ 5,958.00 $ 331.38 $ 5,964.84 $ 390.00 $ 7,020.00 B47 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-A-A) YELLOW EA 246 $ 3.90 $ 959.40 $ 3.92 $ 964.32 $ 4.70 $ 1,156.20 B48 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-C) WHITE EA 194 $ 3.90 $ 756.60 $ 3.92 $ 760.48 $ 4.70 $ 911.80 B49 RAISED REFLECTIVE PAVEMENT MARKINGS (TYII-B-B) BLUE EA 19 $ 3.90 $ 74.10 $ 3.92 $ 74.48 $ 4.70 $ 89.30 B50 COMBO STOP SIGN (R1-1)/STREET NAME SIGN (INCL. METAL POLE AND FOUNDATION) EA 5 $ 933.00 $ 4,665.00 $ 933.88 $ 4,669.40 $ 1,100.00 $ 5,500.00 651 SPEED LIMIT SIGN (R2-1)(INCL. METAL POLE AND FOUNDATION) EA 3 $ 692.00 $ 2,076.00 $ 692.88 $ 2,078.64 $ 820.00 $ 2,460.00 B52 RIGHT TURN ONLY SIGN (R3-5R)(INCL. METAL POLE AND FOUNDATION) EA 2 $ 632.00 $ 1,264.00 $ 632.63 $ 1,265.26 $ 750.00 $ 1,500.00 B53 RIGHT LANE MUST TURN RIGHT (R3-7)(INCL. METAL POLE AND FOUNDATION) EA 4 $ 662.00 $ 2,648.00 $ 662.75 $ 2,651.00 $ 790.00 $ 3,160.00 B54 NO PARKING SIGN (R8-3)(INCL. METAL POLE AND FOUNDATION) EA 12 $ 632.00 $ 7,584.00 $ 632.63 $ 7,591.56 $ 750.00 $ 9,000.00 B55 PEDESTRIAN CROSSING AHEAD SIGN (W11-2) (INCL. METAL POLE AND FOUNDATION) EA 1 $ 692.00 $ 692.00 $ 692.88 $ 692.88 $ 820.00 $ 820.00 B56 LANE ENDS MERGE LEFT SIGN (W4-2) (INCL. METAL POLE AND FOUNDATION) EA 1 $ 692.00 $ 692.00 $ 692.88 $ 692.88 $ 820.00 $ 820.00 B57 LANE -DROP SIGN (W4 -2R) (INCL. METAL POLE AND FOUNDATION) EA 1 $ 692.00 $ 692.00 $ 692.88 $ 692.88 $ 820.00 $ 820.00 B58 CENTER LANE ONLY W/ "BEGIN" (R3-9B)(M4-14)(INCL. METAL AND FOUNDATION) EA 8 $ 752.00 $ 6,016.00 $ 753.13 $ 6,025.04 $ 890.00 $ 7,120.00 B59 CENTER LANE ONLY W/ "END" (R3-9B)(M4-6)(INCL. METAL AND FOUNDATION) EA 8 $ 752.00 $ 6,016.00 $ 753.13 $ 6,025.04 $ 890.00 $ 7,120.00 B60 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 SUBTOTAL PART B - STREET IMPROVEMENTS (Items 81thru B60) $ 3,050,622.85 $ 4,183,394.96 $ 3,605,131.65 Part C - RTA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl CONCRETE BUS PAD SF 3960 $ 23.00 $ 91,080.00 $ 153.04 $ 606,038.40 $ 30.00 $ 118,800.00 C2 6" TYPE A, GRADE 1 CRUSHED, LIMESTONE BASE PER TXDOT STD. ITEM NO. 247 SY 440 $ 48.00 $ 21,120.00 $ 33.74 $ 14,845.60 $ 17.00 $ 7,480.00 C3 CONCRETE SHELTER PAD SF 1800 $ 13.00 $ 23,400.00 $ 25.31 $ 45,558.00 $ 17.00 $ 30,600.00 C4 REMOVE CONCRETE CURB (NORTH OF GOLLIHAR) LF 139 $ 6.35 $ 882.65 $ 24.10 $ 3,349.90 $ 77.00 $ 10,703.00 C5 REMOVE ASPHALT DRIVEWAY (NORTH OF GOLLIHAR) SF 1224 $ 0.65 $ 795.60 $ 10.04 $ 12,288.96 $ 10.00 $ 12,240.00 C6 CONCRETE DRIVEWAY (6" THICK) (NORTH OF GOLLIHAR) SY 170 $ 135.00 $ 22,950.00 $ 109.31 $ 18,582.70 $ 150.00 $ 25,500.00 C7 REMOVE EXISTING CONCRETE FLUME (NORTH OF GOLLIHAR) LS 1 $ 339.00 $ 339.00 $ 12,652.50 $ 12,652.50 $ 2,700.00 $ 2,700.00 C8 REMOVE EXISTING CONCRETE SIDEWALK (NORTH OF GOLLIHAR) SF 372 $ 1.25 $ 465.00 $ 6.03 $ 2,243.16 $ 14.50 $ 5,394.00 C9 REMOVE EXISTING RAMP (NORTH OF GOLLIHAR) SF 78 $ 2.15 $ 167.70 $ 30.13 $ 2,350.14 $ 37.00 $ 2,886.00 C10 4" CONCRETE PEDESTRIAN SIDEWALK (NORTH OF GOLLIHAR) SF 2629 $ 9.00 $ 23,661.00 $ 11.15 $ 29,313.35 $ 11.25 $ 29,576.25 C11 ADA CURB RAMP (NORTH OF GOLLIHAR) SF 660 $ 23.00 $ 15,180.00 $ 33.74 $ 22,268.40 $ 33.00 $ 21,780.00 C12 CONCRETE HEADER CURBS AT CURB RAMPS AND LANDINGS (NORTH OF GOLLIHAR) LF 60 $ 33.00 $ 1,980.00 $ 44.93 $ 2,695.80 $ 110.00 $ 6,600.00 SUBTOTAL PART C - RTA IMPROVEMENTS (Items Cl thru C12) $ 202,020.95 $ 772,186.91 $ 274,259.25 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 3 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 i Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE El AMOUNT LF UNIT PRICE $ AMOUNT a Part D - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 4,200.00 $ 24.10 $ 1,807.50 $ 160.00 $ Dl REMOVE EXISTING CONCRETE SIDEWALK SF 2004 $ 1.25 $ 2,505.00 $ 5.02 $ 10,060.08 $ 5.40 $ 10,821.60 D2 REMOVE EXISTING RAMP SF 510 $ 1.95 $ 994.50 $ 30.13 $ 15,366.30 $ 22.00 $ 11,220.00 D3 REFLECTIVE PAVEMENT MARKINGS TY.1 (W)(24")(SLD)(100 MIL) - CROSSWALK LF 731 $ 17.00 $ 12,427.00 $ 16.87 $ 12,331.97 $ 20.00 $ 14,620.00 D4 4" CONCRETE PEDESTRIAN SIDEWALK SF 29003 $ 12.00 $ 348,036.00 $ 9.64 $ 279,588.92 $ 10.00 $ 290,030.00 05 12" HIGH SIDEWALK RETAINING CURB LF 30 $ 80.00 $ 2,400.00 $ 114.48 $ 3,434.40 $ 110.00 $ 3,300.00 D6 ADA CURB RAMP SF 3916 $ 23.00 $ 90,068.00 $ 27.72 $ 108,551.52 $ 27.00 $ 105,732.00 D7 CONCRETE HEADER CURBS AT CURB RAMPS AND LANDINGS LF 370 $ 33.00 $ 12,210.00 $ 44.93 $ 16,624.10 $ 47.00 $ 17,390.00 D8 VAN ACCESSIBLE PARKING SPACE (INCLUDES 4" BLUE REFLECTORIZED ACCESS AISLE PAVEMENT MARKINGS, WHITE ON BLUE INTERNATIONAL SYMBOL PAVEMENT MARKING, 4" BLUE REFLECTORIZED PARKING STRIPE & RESERVED PARKING SIGN) EA 3 $ 1,440.00 $ 4,320.00 $ 14,399.75 $ 43,199.25 $ 640.00 $ 1,920.00 SUBTOTAL PART D - ADA IMPROVEMENTS (Dl THRU D8) El0 $ 472,960.50 358 $ $ 489,156.54 33,652.00 $ $ 455,033.60 Part E - DRAINAGE IMPROVEMENTS (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) El REMOVE EXISTING HEADWALL LF 75 $ 56.00 $ 4,200.00 $ 24.10 $ 1,807.50 $ 160.00 $ 12,000.00 E2 REMOVE EXISTING INLET TOP TO BE REMOVED & REPLACE W/CUSTOM LID TOP EA 2 $ 3,900.00 $ 7,800.00 $ 1,988.25 $ 3,976.50 $ 4,200.00 $ 8,400.00 E3 REMOVE EXISTING GRATE INLET EA 21 $ 730.00 $ 15,330.00 $ 1,205.00 $ 25,305.00 $ 1,800.00 $ 37,800.00 E4 REMOVE EXISTING GRATE INLET AND REPLACE W/ STANDARD GRATE INLET (NORTH OF GOLLIHAR) EA 2 $ 5,010.00 $ 10,020.00 $ 2,410.00 $ 4,820.00 $ 10,700.00 $ 21,400.00 E5 REMOVE CURB AND GUTTER LF 421 $ 6.35 $ 2,673.35 $ 8.03 $ 3,380.63 $ 38.00 $ 15,998.00 E6 REMOVE CONCRETE CURB LF 295 $ 2.85 $ 840.75 $ 8.03 $ 2,368.85 $ 27.00 $ 7,965.00 E7 REMOVE EXISTING 18" RCP (SINGLE) LF 1117 $ 30.00 $ 33,510.00 $ 21.09 $ 23,557.53 $ 62.00 $ 69,254.00 E8 REMOVE EXISTING 2-18" RCP (DUAL) LF 2161 $ 60.00 $ 129,660.00 $ 46.86 $ 101,264.46 $ 78.00 $ 168,558.00 E9 REMOVE EXISTING 24" RCP LF 479 $ 61.00 $ 29,219.00 $ 42.18 $ 20,204.22 $ 45.00 $ 21,555.00 El0 REMOVE EXISTING 36" RCP LF 358 $ 94.00 $ 33,652.00 $ 98.41 $ 35,230.78 $ 86.00 $ 30,788.00 Ell 18" RCP LF 1023 $ 231.00 $ 236,313.00 $ 144.51 $ 147,833.73 $ 220.00 $ 225,060.00 E12 24" RCP LF 2042 $ 190.00 $ 387,980.00 $ 153.54 $ 313,528.68 $ 190.00 $ 387,980.00 E13 36" RCP LF 1067 $ 236.00 $ 251,812.00 $ 207.06 $ 220,933.02 $ 270.00 $ 288,090.00 E14 6'X3' BOX CULVERT LF 2171 $ 447.00 $ 970,437.00 $ 449.87 $ 976,667.77 $ 510.00 $ 1,107,210.00 EIS TRENCH SAFETY FOR STORM WATER PIPE/BOX LF 6302 $ 3.00 $ 18,906.00 $ 12.05 $ 75,939.10 $ 7.00 $ 44,114.00 E16 4' DIAMETER TYPE 'A' MANHOLE EA 10 $ 4,910.00 $ 49,100.00 $ 7,260.13 $ 72,601.30 $ 7,300.00 $ 73,000.00 E17 5' DIAMETER TYPE 'A' MANHOLE EA 2 $ 4,770.00 $ 9,540.00 $ 8,230.15 $ 16,460.30 $ 8,100.00 $ 16,200.00 E18 MANHOLE RISER EA 11 $ 3,640.00 $ 40,040.00 $ 4,283.78 $ 47,121.58 $ 5,000.00 $ 55,000.00 E19 TRENCH SAFETY FOR STORM WATER MH/INLET/RISER EA 47 $ 67.00 $ 3,149.00 $ 421.75 $ 19,822.25 $ 250.00 $ 11,750.00 E20 STD. 6" CURB AND GUTTER LF 7762 $ 25.00 $ 194,050.00 $ 21.69 $ 168,357.78 $ 45.00 $ 349,290.00 E21 CONNECT PROP. 36" RCP TO EXISTING JUNCTION BOX EA 1 $ 4,350.00 $ 4,350.00 $ 3,916.25 $ 3,916.25 $ 5,600.00 $ 5,600.00 E22 CONNECT TO EXISTING GRATE INLET EA 2 $ 1,870.00 $ 3,740.00 $ 4,820.00 $ 9,640.00 $ 4,200.00 $ 8,400.00 E23 CONNECT TO EXISTING CURB INLET EA 3 $ 1,870.00 $ 5,610.00 $ 5,422.50 $ 16,267.50 $ 4,000.00 $ 12,000.00 E24 5' CURB INLET EA 24 $ 4,780.00 $ 114,720.00 $ 5,729.78 $ 137,514.72 $ 9,300.00 $ 223,200.00 E25 INLET PROTECTION EA 24 $ 181.00 $ 4,344.00 $ 247.03 $ 5,928.72 $ 210.00 $ 5,040.00 E26 INLET PROTECTION (NORTH OF GOLLIHAR) EA 4 $ 181.00 $ 724.00 $ 301.25 $ 1,205.00 $ 210.00 $ 840.00 E27 4'54' GRATE INLET (GROUT FILLED TO FLOWLINE) EA 35 $ 4,900.00 $ 171,500.00 $ 5,691.62 $ 199,206.70 $ 6,100.00 $ 213,500.00 E28 SAFETY END TREATMENT (S.E.T.) 36" RCP EA 3 $ 3,400.00 $ 10,200.00 $ 3,514.58 $ 10,543.74 $ 4,600.00 $ 13,800.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 4 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE REMOVE AND SALVAGE EXISTING FIRE HYDRANT AMOUNT 11 UNIT PRICE AMOUNT E29 SITE GRADING AND EMBANKMENT _ SY 24124 $ 2.60 $ 62,722.40 $ 22.20 $ 535,552.80 $ 23.00 $ 554,852.00 E30 GRADE EXISTING DITCH TO DRAIN SY 1118 $ 6.15 $ 6,875.70 $ 19.43 $ 21,722.74 $ 26.00 $ 29,068.00 [31 CONCRETE WINGWALL WITH PARALLEL WINGS, TYPE PW -2, NON- SKEWED BOX CULVERT, STA. 10+63.16 LS 1 $ 12,600.00 $ 12,600.00 $ 25,907.50 $ 25,907.50 $ 19,900.00 $ 19,900.00 [32 OUTFALL RIPRAP SY 20 $ 146.00 $ 2,920.00 $ 102.43 $ 2,048.60 $ 850.00 $ 17,000.00 E33 5' CONCRETE VALLEY GUTTER LF 77 $ 112.00 $ 8,624.00 $ 45.79 $ 3,525.83 $ 160.00 $ 12,320.00 [34 6" CONCRETE SLOPE PROTECTION, INCLUDING 24" TURNDOWN SY 21 $ 221.00 $ 4,641.00 $ 514.54 $ 10,805.34 $ 460.00 $ 9,660.00 E35 LOW PROFILE CONCRETE BARRIERS EA 90 $ 1,340.00 $ 120,600.00 $ 2,850.77 $ 256,569.30 $ 3,900.00 $ 351,000.00 E36 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (El THRU E36) 8,640.00 F9 24" DIA. TEMPORARY LINE STOP EA $ 2,987,403.20 51,200.00 $ $ 3,546,535.72 26,510.00 $ $ 4,452,592.00 Part F -WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Fl REMOVE AND SALVAGE EXISTING FIRE HYDRANT EA 11 $ 1,350.00 $ 14,850.00 $ 876.84 $ 9,645.24 $ 580.00 $ 6,380.00 F2 GROUT & ABANDON -IN-PLACE EXISTING 8" WATERLINE LF 1553 $ 20.00 $ 31,060.00 $ 14.34 $ 22,270.02 $ 30.00 $ 46,590.00 F3 GROUT & ABANDON -IN-PLACE EXISTING 24" WATERLINE LF 155 $ 46.00 $ 7,130.00 $ 35.31 $ 5,473.05 $ 65.00 $ 10,075.00 F4 6" C900 PVC WATERLINE BY OPEN CUT LF 25 $ 142.00 $ 3,550.00 $ 122.31 $ 3,057.75 $ 330.00 $ 8,250.00 F5 8" C900 PVC WATERLINE W/ RESTRAINED JOINTS BY OPEN CUT LF 750 $ 102.00 $ 76,500.00 $ 123.04 $ 92,280.00 $ 120.00 $ 90,000.00 F6 8" DIA. FUSIBLE PVC WATERLINE BY HDD LF 890 $ 289.00 $ 257,210.00 $ 161.47 $ 143,708.30 $ 150.00 $ 133,500.00 F7 20" PVC (C905 SDR18) WATERLINE W/ RESTRAINED JOINTS BY TRENCHLESS METHOD LF 164 $ 912.00 $ 149,568.00 $ 154.24 $ 25,295.36 $ 690.00 $ 113,160.00 F8 20" PVC (C905 SDR18) WATERLINE W/ RESTRAINED JOINTS BY OPEN CUT LF 16 $ 669.00 $ 10,704.00 $ 448.26 $ 7,172.16 $ 540.00 $ 8,640.00 F9 24" DIA. TEMPORARY LINE STOP EA 2 $ 51,200.00 $ 102,400.00 $ 26,510.00 $ 53,020.00 $ 40,400.00 $ 80,800.00 F10 ADD EXTERNAL RESTRAINT TO EXISTING 24 -INCH DIP PIPE JOINTS EA 16 $ 3,870.00 $ 61,920.00 $ 2,018.38 $ 32,294.08 $ 4,500.00 $ 72,000.00 Fll 2 -INCH COMBO LOW PROFILE AIR RELEASE VALVES W/VENTS BOLLARDS AND MANHOLE EA 1 $ 21,600.00 $ 21,600.00 $ 11,568.00 $ 11,568.00 $ 25,800.00 $ 25,800.00 F12 REMOVE EXISTING 24" DIP WATERLINE AT CROSSING W/ PROPOSED RCB LF 30 $ 126.00 $ 3,780.00 $ 73.91 $ 2,217.30 $ 140.00 $ 4,200.00 F13 24 -INCH CUT AND PLUG D.I. M.J. EA 2 $ 4,230.00 $ 8,460.00 $ 1,037.51 $ 2,075.02 $ 7,100.00 $ 14,200.00 F14 8 -INCH CUT AND PLUG D.I. M.J. EA 5 $ 3,140.00 $ 15,700.00 $ 843.50 $ 4,217.50 $ 2,500.00 $ 12,500.00 F15 6 -INCH CUT AND PLUG D.I. M.J. EA 1 $ 2,370.00 $ 2,370.00 $ 638.65 $ 638.65 $ 3,600.00 $ 3,600.00 F16 24" X 20" ECCENTRIC TOP REDUCER D.I. MJ. EA 2 $ 4,180.00 $ 8,360.00 $ 2,776.72 $ 5,553.44 $ 6,700.00 $ 13,400.00 F17 24"X20" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 2 $ 37,100.00 $ 74,200.00 $ 24,401.25 $ 48,802.50 $ 57,600.00 $ 115,200.00 F18 8"X8" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 5 $ 7,340.00 $ 36,700.00 $ 3,843.95 $ 19,219.75 $ 8,100.00 $ 40,500.00 F19 8"X6" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 16 $ 5,800.00 $ 92,800.00 $ 2,892.00 $ 46,272.00 $ 7,300.00 $ 116,800.00 F20 6"X6" TAPPING SLEEVE & VALVE (TS&V) W/BOX EA 1 $ 6,220.00 $ 6,220.00 $ 3,012.50 $ 3,012.50 $ 7,400.00 $ 7,400.00 F21 TRENCH SAFETY FOR WATER LINES LF 642 $ 3.60 $ 2,311.20 $ 2.41 $ 1,547.22 $ 5.40 $ 3,466.80 F22 NEW FIRE HYDRANT ASSEMBLY (TYPE 1) EA 20 $ 8,380.00 $ 167,600.00 $ 3,584.88 $ 71,697.60 $ 6,700.00 $ 134,000.00 F23 NEW FIRE HYDRANT ASSEMBLY (TYPE 2) EA 4 $ 7,830.00 $ 31,320.00 $ 4,841.09 $ 19,364.36 $ 6,200.00 $ 24,800.00 F24 6" GATE VALVE WITH BOX & COVER EA 1 $ 1,390.00 $ 1,390.00 $ 1,048.35 $ 1,048.35 $ 1,600.00 $ 1,600.00 F25 8" GATE VALVE WITH BOX & COVER EA 5 $ 1,960.00 $ 9,800.00 $ 1,580.96 $ 7,904.80 $ 2,100.00 $ 10,500.00 F26 REPLACE EXISTING WATER SERVICE WITH NEW SERVICE CONNECTION EA 7 $ 3,580.00 $ 25,060.00 $ 2,629.31 $ 18,405.17 $ 2,500.00 $ 17,500.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 5 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE CUT, PLUG, GROUT AND ABANDON 12" WASTEWATER LINE AMOUNT 364 UNIT PRICE AMOUNT F27 RELOCATE EXIST. WATER METER (INCLUDES ALL REQ'D FITTINGS, VALVES, AND METER BOXES) EA 7 $ 2,580.00 $ 18,060.00 $ 1,480.95 $ 10,366.65 $ 2,400.00 $ 16,800.00 F28 ADJUST EXISTING WATER VALVE BOX TO FINISH GRADE EA 8 $ 1,030.00 $ 8,240.00 $ 433.80 $ 3,470.40 $ 1,400.00 $ 11,200.00 F29 ADUST EXISTING MANHOLES, VALVE BOXES AND METER BOXES TO FINISH GRADE AT SIDEWALKS AND CURB RAMPS (NORTH OF GOLLIHAR) EA 40 $ 1,530.00 $ 61,200.00 $ 964.00 $ 38,560.00 $ 3,600.00 $ 144,000.00 F30 8"X6" REDUCER D.I. M.1. EA 1 $ 554.00 $ 554.00 $ 241.00 $ 241.00 $ 180.00 $ 180.00 F31 8"X8"X6" TEE D.I. M.J. EA 5 $ 818.00 $ 4,090.00 $ 373.55 $ 1,867.75 $ 260.00 $ 1,300.00 F32 8"X8"X8" TEE D.I. M.1. EA 5 $ 854.00 $ 4,270.00 $ 422.96 $ 2,114.80 $ 470.00 $ 2,350.00 F33 8 -INCH DUCTILE IRON PIPE LF 84 $ 226.00 $ 18,984.00 $ 137.62 $ 11,560.08 $ 150.00 $ 12,600.00 F34 8 -INCH D.I. BLIND FLANGE EA 4 $ 397.00 $ 1,588.00 $ 204.85 $ 819.40 $ 140.00 $ 560.00 F35 8 -INCH D.I. 11.25 DEG M.J. BEND EA 4 $ 698.00 $ 2,792.00 $ 331.38 $ 1,325.52 $ 290.00 $ 1,160.00 F36 8 -INCH D.I. 22.5 DEG M.1. BEND EA 4 $ 702.00 $ 2,808.00 $ 339.81 $ 1,359.24 $ 290.00 $ 1,160.00 F37 8 -INCH D.I. 45 DEG M.J. BEND EA 10 $ 692.00 $ 6,920.00 $ 334.99 $ 3,349.90 $ 280.00 $ 2,800.00 F38 8 -INCH D.I. 90 DEG M.1. BEND EA 8 $ 714.00 $ 5,712.00 $ 302.46 $ 2,419.68 $ 310.00 $ 2,480.00 F39 20 -INCH DUCTILE IRON PIPE LF 40 $ 484.00 $ 19,360.00 $ 231.87 $ 9,274.80 $ 350.00 $ 14,000.00 F40 20 -INCH D.I. 45 DEG MJ. BEND EA 4 $ 2,460.00 $ 9,840.00 $ 1,473.72 $ 5,894.88 $ 1,600.00 $ 6,400.00 F41 20 -INCH D.I. 90 DEG M.J. BEND EA 6 $ 2,980.00 $ 17,880.00 $ 1,771.35 $ 10,628.10 $ 1,900.00 $ 11,400.00 F42 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART F - WATER IMPROVEMENTS (Fl THRU F42) $ 1,454,861.20 $ 811,012.32 $ 1,393,251.80 Part G - WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 CUT, PLUG, GROUT AND ABANDON 12" WASTEWATER LINE LF 364 $ 25.00 $ 9,100.00 $ 65.85 $ 23,969.40 $ 63.00 $ 22,932.00 G2 CUT, PLUG, GROUT AND ABANDON 10" WASTEWATER LINE LF 75 $ 30.00 $ 2,250.00 $ 63.93 $ 4,794.75 $ 81.00 $ 6,075.00 G3 REMOVE EXISTING WASTEWATER MANHOLE EA 3 $ 3,150.00 $ 9,450.00 $ 3,615.00 $ 10,845.00 $ 5,000.00 $ 15,000.00 G4 12" PVC C900 DR18 LF 385 $ 156.00 $ 60,060.00 $ 211.47 $ 81,415.95 $ 290.00 $ 111,650.00 G5 10" PVC C900 DR18 LF 85 $ 154.00 $ 13,090.00 $ 185.02 $ 15,726.70 $ 260.00 $ 22,100.00 G6 4' DIA WASTEWATER MANHOLE EA 6 $ 15,900.00 $ 95,400.00 $ 8,312.09 $ 49,872.54 $ 16,700.00 $ 100,200.00 G7 ADJUST EXISTING MANHOLES TO GRADE EA 11 $ 3,940.00 $ 43,340.00 $ 2,030.43 $ 22,334.73 $ 5,000.00 $ 55,000.00 G8 REMOVE AND REPLACE 12" WASTEWATER LINE AT WATERLINE CROSSINGS EA 6 $ 5,320.00 $ 31,920.00 $ 8,118.09 $ 48,708.54 $ 4,300.00 $ 25,800.00 G9 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART G- WASTEWATER IMPROVEMENTS (G1 THRU G9) $ 274,610.00 $ 267,667.61 $ 368,757.00 Part H H. GAS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 I BACKFILL AND COMPACT NEW GAS LINE TRENCHES CY 300 $ 52.00 $ 15,600.00 $ 22.29 $ 6,687.00 $ 120.00 $ 36,000.00 SUBTOTAL PART H - GAS IMPROVEMENTS (H1 THRU H1) $ 15,600.00 $ 6,687.00 $ 36,000.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 6 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 DESCRIPTION UNIT QUANTITY ESTIMATED UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part I - ADDITIVE ALTERNATE NO.1 (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) A9 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.) MO -14 $ 15,000.00 $ (210,000.00) $ 3,651.15 $ (51,116.10) $ 16,000.00 (3) $ (224,000.00) B5 STREET EXCAVATION SY -4515 $ 17.00 $ (76,755.00) $ 21.91 $ (98,923.65) $ 19.00 (3) $ (85,785.00) B6 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY -9225 $ 22.00 $ (202,950.00) $ 36.52 $ (336,897.00) $ 32.00 (3) $ (295,200.00) B7 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY -162 $ 102.00 $ (16,524.00) $ 60.25 $ (9,760.50) $ 36.00 (3) $ (5,832.00) B8 FULL DEPTH PAVEMENT REPLACEMENT - 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY -9387 $ 4.15 $ (38,956.05) $ 15.97 $ (149,910.39) $ 11.50 (3) $ (107,950.50) B9 FULL DEPTH PAVEMENT REPLACEMENT - GEOGRID (TENSAR BX1100 or TX- 5) SY -9387 $ 2.55 $ (23,936.85) $ 8.65 (5) $ (81,197.55) $ 5.20 (3) $ (48,812.40) 610 FULL DEPTH PAVEMENT REPLACEMENT- 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY -9387 $ 31.00 $ (290,997.00) $ 38.56 $ (361,962.72) $ 33.00 (3) $ (309,771.00) 811 FULL DEPTH PAVEMENT REPLACEMENT - PRIME COAT (0.20 GALLONS/SY) GAL -1420 $ 6.10 $ (8,662.00) $ 15.36 $ (21,811.20) $ 11.00 (3) $ (15,620.00) B12 FULL DEPTH PAVEMENT REPLACEMENT- 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY -7064 $ 33.00 $ (233,112.00) $ 56.40 $ (398,409.60) $ 40.00 (3) $ (282,560.00) B13 FULL DEPTH PAVEMENT REPLACEMENT- 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY -7064 $ 22.00 $ (155,408.00) $ 34.95 $ (246,886.80) $ 25.00 (3) $ (176,600.00) B14 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY -4515 $ 4.15 $ (18,737.25) $ 12.35 (5) $ (55,760.25) $ 8.80 (3) $ (39,732.00) B15 GEOGRID (TENSAR BX1100 or TX -5) SY -4515 $ 2.55 $ (11,513.25) $ 8.31 (5) $ (37,519.65) $ 5.10 (3) $ (23,026.50) B16 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY -4515 $ 31.00 $ (139,965.00) $ 38.56 (5) $ (174,098.40) $ 32.00 (3) $ (144,480.00) B17 PRIME COAT (0.20 GALLONS/SY) GAL -730 $ 6.10 $ (4,453.00) $ 11.81 (5) $ (8,621.30) $ 8.40 (3) $ (6,132.00) B18 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY -3630 $ 33.00 $ (119,790.00) $ 63.60 (5) $ (230,868.00) $ 46.00 (3) $ (166,980.00) B19 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY -3630 $ 22.00 $ (79,860.00) $ 42.18 $ (153,113.40) $ 30.00 (3) $ (108,900.00) B20 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=1") SY -6825 $ 2.45 $ (16,721.25) $ 6.27 $ (42,792.75) $ 4.50 (3) $ (30,712.50) 621 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >1" TO <=2") SY -2940 $ 4.90 $ (14,406.00) $ 12.05 $ (35,427.00) $ 8.70 (3) $ (25,578.00) 622 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >2" TO <=4") SY -4360 $ 9.80 $ (42,728.00) $ 12.95 $ (56,462.00) $ 9.40 (3) $ (40,984.00) 623 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >4" TO <= 6") SY -2370 $ 15.00 $ (35,550.00) $ 15.67 $ (37,137.90) $ 11.25 (3) $ (26,662.50) B24 PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >6" TO <= 8") SY -380 $ 20.00 $ (7,600.00) $ 27.72 $ (10,533.60) $ 20.00 (3) $ (7,600.00) B25 PLANING & TEXTURING CONCRETE PAVEMENT, TXDOT ITEM 354 & 483, SPECIAL SPEC. 3004 (TOTAL PLANING THICKNESS >0" TO <=2") SY -100 $ 330.00 $ (33,000.00) $ 79.53 $ (7,953.00) $ 57.00 (3) $ (5,700.00) B26 HMAC LEVEL -UP - TYPE 'D', TXDOT ITEM 340, PG64-22 TON -2900 $ 125.00 $ (362,500.00) $ 204.85 $ (594,065.00) $ 150.00 (3) $ (435,000.00) B27 1-1/2" MIN. HMAC OVERLAY - TYPED, TXDOT ITEM 340, PG64-22 SY -16875 $ 19.00 $ (320,625.00) $ 16.87 $ (284,681.25) $ 12.00 (3) $ (202,500.00) B28 SAW CUT (1-1/2" MAX) EXISTING HMAC PAVEMENT AT FULL DEPTH PAVEMENT REMOVAL AND REPLACEMENT LF -8120 $ 3.60 $ (29,232.00) $ 4.82 $ (39,138.40) $ 2.50 (3) $ (20,300.00) B29 HMAC PAVEMENT CORE/DRILL HOLE - 1" DIA. EA -20 $ 480.00 $ (9,600.00) $ 638.65 $ (12,773.00) $ 450.00 (3) $ (9,000.00) B30 HMAC PAVEMENT CORE HOLE - 6" DIA. EA -9 $ 691.00 $ (6,219.00) $ 674.80 $ (6,073.20) $ 490.00 (3) $ (4,410.00) 11 TRAFFIC CONTROL ITEMS (SIGNS, BARRICADES, CHANNELIZING DEVICES, ETC.) MO 16 $ 15,000.00 $ 240,000.00 $ 3,651.15 $ 58,418.40 $ 17,300.00 $ 276,800.00 12 STREET EXCAVATION SY 4515 $ 14.00 $ 63,210.00 $ 21.91 $ 98,923.65 $ 19.00 $ 85,785.00 E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 7 of 8 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Scott Harris, PE - LAN, Inc. Bid DATE: 20 -Mar -18 Opinion of Probable Construction Cost (OPCC): TIME OF COMPLETION: $6,836,030 485 Calendar Days Ayers St. Pedestrian Improvements and Turn Lane - SPID to Gollihar - Revised (Bond 2014) CITY PROJECT NO. E15106 Haas -Anderson Construction, Ltd. P.O. Boz 7692 Corpus Christi, TX 78467 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78405 Bay Ltd. 1414 Valero Way Corpus Christi, TX 78409 Item DESCRIPTION UNIT QUANTITY ESTIMATED (5) UNIT PRICE AMOUNT I UNIT PRICE $ 1,269,833.70 SUBTOTAL PART B - STREET IMPROVEMENTS (Items Bl thru B60) AMOUNT $ 3,050,622.85 UNIT PRICE $ 4,183,394.96 AMOUNT 13 STREET EXCAVATION - FULL DEPTH HMAC PAVEMENT REMOVAL AND DISPOSAL SY 17108 $ 21.50 $ 367,822.00 $ 36.52 $ 472,960.50 $ 624,784.16 $ 33.00 SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (El THRU E36) $ 564,564.00 14 STREET EXCAVATION - FULL DEPTH CONCRETE PAVEMENT WITH HMAC OVERLAY REMOVAL AND DISPOSAL SY 6964 $ 39.00 $ 271,596.00 $ 60.25 $ 419,581.00 $ 12.75 $ 88,791.00 15 12" COMPACTED SUBGRADE PREPARATION (1' B.O.C.) SY 28587 $ 2.80 $ 80,043.60 $ 15.97 $ 456,534.39 $ 9.40 $ 1,754,244.70 $ 268,717.80 16 GEOGRID (TENSAR BX1100 or TX -5) SY 28587 $ 2.40 $ 68,608.80 $ 8.44 $ 241,274.28 $ 5.40 $ 154,369.80 17 11" CRUSHED LIMESTONE BASE TYPE A GRADE 1-2 SY 28587 $ 27.50 $ 786,142.50 $ 38.56 $ 1,102,314.72 $ 34.00 $ 971,958.00 18 PRIME COAT (0.20 GALLONS/SY) GAL 5080 $ 4.50 $ 22,860.00 $ 15.36 $ 78,028.80 $ 9.00 $ 45,720.00 19 5" TYPE 'B' HMAC, TXDOT ITEM 340, PG64-22 SY 25379 $ 29.00 $ 735,991.00 $ 56.40 $ 1,431,375.60 $ 49.00 $ 1,243,571.00 110 3" TYPE 'D' HMAC, TXDOT ITEM 340, PG64-22 SY 25379 $ 18.00 $ 456,822.00 $ 34.95 $ 886,996.05 $ 33.00 $ 837,507.00 Ill PLANING & TEXTURING HMAC PAVEMENT, TXDOT ITEM 354 (TOTAL PLANING THICKNESS >0" TO <=2") (FROM STA. 2+00 TO APPROX. STA. 4+68) SY 2190 $ 9.00 $ 19,710.00 $ 12.95 $ 28,360.50 $ 9.30 $ 20,367.00 112 HMAC LEVEL -UP - TYPE 'D', TXDOT ITEM 340, PG64-22 (FROM STA. 2+00 TO APPROX. STA. 4+68) TON 50 $ 142.00 $ 7,100.00 $ 204.85 $ 10,242.50 $ 360.00 $ 18,000.00 113 1-1/2" MIN. HMAC OVERLAY- TYPE D, TXDOT ITEM 340, PG64-22 (FROM STA. 2+00 TO APPROX. STA. 4+68) SY 2190 $ 15.00 $ 32,850.00 $ 16.87 $ 36,945.30 $ 12.75 $ 27,922.50 SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1(11 THRU 13) & DELETE ITEM A9 AND ITEMS BS THRU B30 $ 642,955.25 (5) $ 1,929,885.74 (3) $ 1,754,244.70 SUMMARY $ 642,955.25 SUBTOTAL PART A - GENERAL (Items Al thru A17) (5) $ 1,915,565.55 $ 1,050,006.10 $ 1,754,244.70 $ 1,269,833.70 SUBTOTAL PART B - STREET IMPROVEMENTS (Items Bl thru B60) $ 11,016,599.50 $ 3,050,622.85 (5) $ 4,183,394.96 $ 3,605,131.65 SUBTOTAL PART C - RTA IMPROVEMENTS (Items Cl thru C12) $ 202,020.95 $ 772,186.91 $ 274,259.25 SUBTOTAL PART D- ADA IMPROVEMENTS (DI THRU D8) $ 472,960.50 $ 489,156.54 $ 455,033.60 SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (El THRU E36) $ 2,987,403.20 $ 3,546,535.72 $ 4,452,592.00 SUBTOTAL PART F - WATER IMPROVEMENTS (Fl THRU F42) $ 1,454,861.20 $ 811,012.32 $ 1,393,251.80 SUBTOTAL PART G - WASTEWATER IMPROVEMENTS (G1 THRU G9) $ 274,610.00 $ 267,667.61 $ 368,757.00 SUBTOTAL PART H - GAS IMPROVEMENTS (Hl THRU Hl) $ 15,600.00 $ 6,687.00 $ 36,000.00 SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1 (11 THRU 13) & DELETE ITEM A9 AND ITEMS B5 THRU B30 $ 642,955.25 (5) $ 1,929,885.74 (3) $ 1,754,244.70 TOTAL PROJECT BASE BID (PARTS A THRU H) $ 10,373,644.25 $ 11,126,647.16 $ 11,854,859.00 SUBTOTAL PART I - ADDITIVE ALTERNATE NO. 1 (ITEMS 11 THRU 113) & DELETE ITEMS A9, B5 THRU B30 $ 642,955.25 (5) $ 1,929,885.74 (3) $ 1,754,244.70 TOTAL PROJECT BASE BID AND ADDITIVE ALTERNATE NO. 1 (PARTS A THRU I) $ 11,016,599.50 (5) $ 13,056,532.90 (3) $ 13,609,103.70 * Math errors by bidder, amounts shown are corrected amounts E15106 Bid Tabulation.xlsx (Project No. E15106) Printed: 3/26/2019 @ 11:03 AM Page 8 of 8 AGENDA MEMORANDUM Briefing for City Council Meeting July 30, 2019 DATE: July 19, 2019 TO: Peter Zanoni, City Manager THRU: Constance P. Sanchez, Interim Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Briefing on the Proposed FY2020 Annual Operating Budget and Capital Budget for fiscal year beginning October 1, 2019 STAFF PRESENTER(S): Name Title/Position 1. Peter Zanoni City Manager BACKGROUND: Department City Manager The City Manager and the Office of Management and Budget have prepared the Proposed FY2019-2020 Annual Operating Budget and Capital Budget for submittal to the City Council. This briefing will review the proposed budgets with the City Council for adoption set in late September. LIST OF SUPPORTING DOCUMENTS: Presentation not included.