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HomeMy WebLinkAboutAgenda Packet City Council - 05/11/2021 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, May 11,2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Executive Pastor Marlene Villarreal, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Samuel Swift, Foy H. Moody High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations City of Corpus Christi Page 1 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 F. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Police Memorial Week b. Open Air Arts Evening -Arts and Cultural Commission Event at Heritage Park C. Second Quarter FY 2021 Budget Report H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0532 Animal Care Advisory Committee (3 vacancies) Coastal Bend Council of Governments (4 vacancies) Corpus Christi Convention & Visitors Bureau (1 vacancy) Sister City Committee (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 20) 2. 21-0533 Approval of the Minutes of the April 26, 2021 Seawater Desalination Workshop and the Regular Meeting of April 27, 2021. sponsors: City Secretary's Office City of Corpus Christi Paye 2 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 3. 21-0559 One-Reading Ordinance authorizing City Manager or designee to execute the Contract with Texas Department of State Health Services which provides $18,073,609 for COVID-19 Vaccination services provided December 1 2020 through June 30, 2024 to be used to increase, train, and monitor vaccine sites and providers; appropriating the funds in the No. 1066 Grant Fund; authorizing the Corpus Christi-Nueces County Public Health District Director to contract with third parties for the provision of services under the Contract; and authorizing use of Contract funds to pay pre-award costs which total approximately $20,000. Sponsors: Health Department Consent-Second Reading Ordinances 4. 21-0512 Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating and transferring $14,299,000.00 from the Seawall Improvement Fund to the Seawall Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. Sponsors: Parks and Recreation Department 5. 21-0420 Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions [Chief of Staff, Chief Financial Officer, Assistant City Manager]. Sponsors: Human Resources 6. 21-0160 Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, TX, for the Fire Station Multiple Location Generator Replacement Project to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 7. 21-0161 Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement City of Corpus Christi Page 3 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 8. 21-0007 Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of$427,951.25 for a total restated fee of$23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. sponsors: Engineering Services and Utilities Department 9. 21-0510 Ordinance authorizing the resale of 18 properties for$111,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. sponsors: Finance &Business Analysis Consent- Contracts and Procurement 10. 21-0484 Motion authorizing a three-year service agreement with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, in an amount of $126,866.69 for the Oso Wastewater Treatment Plant Network Upgrade, effective upon issuance of a notice to proceed, with FY 2021 funding available in the Wastewater Capital Fund. Sponsors: Information Technology Services, Utilities Department and Contracts and Procurement 11. 21-0435 Motion authorizing a three-year service agreement with The Personal Computer Store, Inc., dba Avinext of College Station, Texas, in an amount of$330,755.99 for audio and video upgrades to the City Council Chambers to include electronics, programming, installation and support to be part of a longer City Council Chamber renovation project, effective upon issuance of a notice to proceed, with FY 2021 funding available in the PEG (Public, Education, and Government) Cable Fund. sponsors: Information Technology Services and Contracts and Procurement 12. 21-0458 Motion authorizing the purchase of one brush container truck and the lease-purchase via JP Morgan of two brush container trucks from Houston Freightliner, Inc. of Houston, Texas for a total amount of$464,320.42, as replacement units for Solid Waste Services, effective upon issuance of a letter of acceptance, with FY 2021 funding of$149,620 through the Equipment Replacement Fund and $20,980.04 in the General Fund with lease purchase payments to commence in FY 2022. sponsors: Solid Waste Operations and Contracts and Procurement 13. 21-0481 Motion authorizing the lease-purchase of one tractor truck, via JP Morgan, from Lonestar Freightliner Group, LLC, of Grapevine, Texas, for a total amount of$141,956.98 to replace a truck used by Solid Waste, effective upon issuance of letter of acceptance with FY 2021 funding in the amount City of Corpus Christi Page 4 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 of$9,463.80 available through the General Fund and the remaining lease payments to commence in the FY 2022 through FY 2027. sponsors: Solid Waste Operations and Contracts and Procurement 14. 21-0477 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC, of Corpus Christi, Texas, in an amount not to exceed $77,217.05, to purchase manhole covers for the City Warehouse as a central distribution point for the Utilities Department, with funding in FY 2021 in an amount of$8,579.67 available through the Stores Fund. sponsors: Contracts and Procurement 15. 21-0371 Resolution authorizing a three-year service agreement with two one-year extension options with Concentra Health Services, Inc., to provide employee health care management and operation for the City's employer-sponsored Wellness Clinic in an amount not to exceed $2,623,835.00 for a three-year period, or$4,598,999 if both one-year extension options are exercised, with funding budgeted in the Fire, Police and Citicare Health Benefits funds. sponsors: Human Resources and Contracts and Procurement Consent- Capital Projects 16. 21-0486 Motion authorizing the approval of Amendment No. 1 to a professional services contract with Govind Development, LLC, Corpus Christi, Texas for design bid, and construction phase services for the reconstruction of Calallen Drive from Red Bird Lane to Burning Tree Lane, located in Council District 1, in an amount of$205,102.85 for a total contract value not to exceed $254,602.85, with FY 2021 funding available from the Bond 2018 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 17. 21-0305 Motion authorizing Amendment No. 1 to a professional services contract with Freese & Nichols Inc., Corpus Christi, Texas, to provide design, bid, and construction phase services for the reconstruction of Long Meadow Drive from St. Andrews Drive to Hunt Drive Phase II, located in Council District 5, in an amount of$231,665.00 for a total amount not to exceed 281,264.00 with FY 2021 funding available from the Bond 2018 Proposition 2, Storm Water, Water, and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 18. 21-0262 Motion awarding a professional services contract to HDR Engineering, Inc., Corpus Christi, Texas, for design, bid, and construction phase services for the reconstruction of Wooldridge Road from Everhart Road to Cascade Drive, located in Council District 5, in an amount of$357,767.95, with FY 2021 funding available from the Bond 2018 Proposition A, Storm City of Corpus Christi Page 5 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 Water, Wastewater, Water, and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 19. 21-0157 Resolution awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the freight elevator for the La Retama Library, located in Council District 1, in an amount of$226,420.00 with FY 2021 funding available from the Bond 2018, Proposition D Fund, and updating the scope of work in the FY 2020-2021 Capital Improvement Program. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement General Consent Items 20. 21-0483 Motion authorizing an agreement with the United Corpus Christi Chamber of Commerce Foundation (UCCCF) for the acceptance of a commissioned mural to be placed at the Cole Park Amphitheater as the final project of Leadership Corpus Christi, Class 49, a program of UCCCF. Sponsors: Parks and Recreation Department K. LEGISLATIVE UPDATE: L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEM 21) 21. 21-0433 Ordinance authorizing a Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement for up to $2,041,201.17 with Mostaghasi Investment Trust to construct a new Wastewater Lift Station, Gravity and Force Main for a proposed residential and commercial development located west of the U.S. Highway 77 (1-69) and County Road 52 Intersection with a completion date of within 24 months; transferring $372,704.89 from the Water Arterial Transmission and Grid Main Trust Fund, $83,339.25 from the Water Distribution Main Trust Fund, and $101,793.65 from the Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $1,772,500.78 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $268,700.39 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of$268,700.39 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 1) Sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 22 -23) 22. 21-0525 Resolution authorizing a two-year service agreement with HUB Parking Technology USA, Inc. of Houston, Texas, in an amount of$170,517.93 for City of Corpus Christi Page 6 Printed on 5/10/2021 City Council Meeting Agenda-Final-revised May 11,2021 installation and upgrade of the Parking Operations DataPark equipment at the Corpus Christi International Airport, effective upon issuance of a notice to proceed, with FY 2021 funding available in the Airport Fund. Sponsors: Aviation Department, Information Technology Services and Contracts and Procurement 23. 21-0214 Ordinance awarding a construction contract to Teal Construction, Inc., Corpus Christi, Texas, for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation Project to relocate the existing TSA baggage screening equipment, in an amount of$564,202.00 and appropriating funds from the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES) Act and amending the FY 2020-2021 budget by increasing revenues and expenditures. Sponsors: Engineering Services, Aviation Department and Contracts and Procurement O. FIRST READING ORDINANCES: (ITEM 24) 24. 21-0518 Ordinance annexing London Pirate Road (formerly County Road 33), from FM 43 (Weber Road) to the North approximately 1.027 miles, being approximately 3.733 acres of land, into the territorial limits of the City of Corpus Christi increasing the area to 489 sq. miles; and approving a service plan. Sponsors: Planning & Environmental Services P. BRIEFINGS: (ITEM 25) 25. 21-0557 Federal Economic Stimulus Package - American Rescue Plan Act of 2021 Sponsors: Finance &Business Analysis Q. EXECUTIVE SESSION: (ITEM 26) 26. 21-0584 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 Port Commissioners and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, Port Commissioner Richard Valls). R. ADJOURNMENT City of Corpus Christi Page 7 Printed on 5/10/2021 ANIMAL CARE ADVISORY COMMITTEE Three(3)vacancies with terms to 5-31-2022 and 5-31-2024,representing the following preferred but not required categories:1-Local Animal Welfare Organization and 2-At-Large. Duties The Animal Care Advisory Committee advises the City Council and City Manager on all aspects of animal control including fees,staffing,ordinances,procedures and policies and facilities. The jurisdiction and actions of the Committee shall be advisory only. Composition It shall consist of seven(7)members. Terms will be for three-years. Membership in one or more of the following categories is preferred but not required: veterinarian,local animal welfare organizations(preferably at least one of the organizations must operate an animal shelter). The remaining members shall represent the community at-large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager or his representative and the Animal Care Services Manager shall serve as ex-officio members of the Committee without vote. The Committee,by majority vote,shall elect its own Chairman who shall preside at all meetings of the Committee and a Vice-Chairman who shall act as president in the absence of the Chairman. The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee. The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. Member size Term Length Term Limit 7 3 years 6 Appointing Name District Term Appt.date End date Authority Position Status Category Not seeking Connie B Bowen District 3 1 5/8/2018 5/31/2021 City Council Chair reappointment Local Animal Welfare Not seeking Juliana Carlisle District 4 Partial 5/14/2019 5/31/2021 City Council reappointment Community At-Large Margaret R.Obregon District 2 1 5/14/2019 5/31/2022 City Council Resigned Community At-Large Jarvis J Amaya 1 District 2 11 7/16/2019 5/31/2022 lCity Council 1 Vice-Chair lActive lCommunity At-Large Deborah Shores District 5 11 5/14/2019 5/31/2022 1 City Council I JActive lVeterinarian Linda A Gibeaut District 2 12 1/24/2017 5/31/2023 ICity Council I lActive lCommunity At-Large Sharon Ray District 5 12 4/11/2017 5/31/2023 ICity Council I JActive lAnimal Welfare/Shelter 5-11-2021 ANIMAL CARE ADVISORY COMMITTEE Applicant Name District Status Category Local Animal Welfare Organization Animal Shelter Operator Chris Baker District 1 Applied Community At Large Local Animal Walfare Organization Constance Culbertson District 5 Applied Community At Large Local Animal Welfare Organization Lisa K Devaney District 2 Applied Community At Large Guate Garcia District 5 Applied Community At Large Wesley R Langston District 2 Applied Community At Large Sharon E Lester District 5 Applied Community At Large Ryan A Martinez District 2 Applied Community At Large Eli McKay District 1 Applied Community At Large Kelsey S Reed District 4 Applied Community At Large Tina J Slay District 1 Applied Community At Large Lynn A Valley District 1 Applied Community At Large El CITY OF CORPUS CHRISTI Submit Date: Apr 16, 2021 Application for a City Board, Commission, Committee or Corporation Profile Chris Baker First Name Last Name Email Address 4018 Hurlwood Cir Street Address Corpus Christi TX 78410 City Stare Postal Code What district do you live in? W District 1 Current resident of the city? Yes No If yes, how many years? 41 years Mobile: (361) 815-4896 Home: (361) 241-2149 Primary Phone Alternate Phcne B&J's Pizza Owner Employer Jeb Tile Work Address - Street Address and Suite Number 6335 So Padre Island Dr Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78412 ('hric QnI/ar Dnrvo 1 of Work Phone 3618154896 Work E-mail address pizzaandbrew@aol.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY 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: No Education, Professional and/or Community Activity (Present) Some college. Previously registered 501 c3 dog rescue owner. Active in community through my restaurant Why are you interested in serving on a City board, commission or committee? Want to try to help make a difference in my city Are you an ex-Officio member of a City Board, commission or committee? r Yes r• 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? (.- Yes r No Demographics r'hric R91lDY Dnrro of r-. Gender W 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 (-. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes c' No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY CONIN11TTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? • Local Animal Welfare Organization • Animal Shelter Operator rhric nnLor Dnnia 2 of 1; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree (`hric PnL-ar Dnrro A of 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r-hric R�Isor D�rro of CITY OF CORPUS CHRISTI Submit Date: Nov 17, 2020 Application for a City Board, Commission, Committee or Corporation Profile Constance Culbertson Fust Name East Name Email Address 5910 Fenway Drive Street Address Corpus Christi TX 78413 -qty Sate P5stai code What district do you live in? W District 5 Current resident of the city? r Yes (- No If yes, how many years? 9 years Home: (214) 926-6408 Mobile: (214) 460-9758 P-nar,Dnfine Alter,we Pnone retired N/A Emolover joo-de Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address Zip Code N/A r`nnctnnro r'i dhnrtcnn Dino 1 of Work Phone N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted HUMAN RELATIONS COMMISSION: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes (-. No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Nueces County Animal Care Advisory Commission Education, Professional and/or Community Activity (Present) Through masters degree from Northwestern University. Texas State Delegate for Nueces County and election judge. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Human Relations Commission and Parks and Recreation Advisory Committee. Why are you interested in serving on a City board, commission or committee? My passion for justice and the environment. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No rnnctnnr-n (`i dhortcnn Dano of 1; 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 W 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? Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter NA. N/A Board-specific questions (if applicable) ('nnctnnrro ('i dhnrtcnn Dnrua 2 of Questcn applies to ANIMAL CARE ADVISORY CONIN]1TTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? J Local Animal Welfare Organization Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree ('nnctnnr-n (`i ilhortcnn Dnnn A of 1� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`nnctanno ('i ilhortcnn Dnno � of � CITY OF CORPUS CHRISTI Submit Date: Feb 11, 2021 Application for a City Board, Commission, Committee or Corporation Profile Lisa K Devaney First Name Piddle Initial Last Name Email Address 5418 Wooldridge Road Street Address Corpus Christi TX 78413 City• State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 3 years 9 months Mobile: (361) 765-1700 Home: (361) 765-1700 Primary Phone Alternate Phone Retired Educator Employer Jab Title Work Address - Street Address and Suite Number N/A Work E-mail address Ldeva@aol.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted I icn V rlo%mno%i Dorm 1 of A Interests & Experiences Are you a registered voter? r 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) BS in Education from Texas A&M College Station MBA from University of Texas at San Antonio CC Coordinator for Miniature Schnauzer Rescue of Houston—in charge of intake, vetting, fostering, placing, adopting in the CC area Why are you interested in serving on a City board, commission or committee? I am very interested in the problems our city faces with stray, homeless, and injured animals. The organization I volunteer with, MSRH, is a partner in good standing with CCACS. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W 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 c No Does your employer or your spouse's employer have a City contract? rYes (-- No icn V nminniaw Dnma 7 of A Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes � No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? " W Local Animal Welfare Organization Verification icn V nn%innoxi Dnma '2 of A City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree i icn v nga%innoxi Dano A of A CITY OF CORPUS CHRISTI Submit Date:Apr 16, 2021 Application for a City Board, Commission, Committee or Corporation Profile Guate Garcia First Name last Name Email Address 3833 Brockhampton CT Street Address Corpus Christi TX 78414 GGty Stave PosTalCude What district do you live in? W District 5 Current resident of the city? (-. Yes r No If yes, how many years? 25 Mobile: (361) 429-4955 Home: (361) 985-8382 Pgmary Phone Altemate Phone Corpus Christi Army Depot Safety Technician Emoover kia Title Work Address - Street Address and Suite Number Ave E, Building 1260 (COAD) Work Address - City Corpus Christi, Work Address - State TX Work Address - Zip Code 78414 (;t into f_arrrin Dano 1 of q Work Phone 3614294955 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ANIMAL CARE ADVISORY COMMITTEE: Submitted BUILDING STANDARDS BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted HOUSING AUTHORITY: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted STREET MAINTENANCE FEE BOARD OF APPEALS: Submitted FLOOD HAZARD MITIGATION INFORMATION COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r 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) Oil & Gas Safety Professional, Now employed at CCAD If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal, Transportation, Parks and Rec Why are you interested in serving on a City board, commission or committee? Corpus Christi, is my hometown now,would like to get involved in future growth of the city (;ii�to (=arri� Dano of G Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. Corpus Christi, Board-specific questions (if applicable) r;iinto r_nrrin Dario Z of C� Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Queston applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes (- No Question applies to TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes r• No Question applies to PLANNING COMMISSION,CORPUS CHRISTI B vORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r Yes r No Question applies to FLOOD HAZARD MITIGATION INFORMATION COMMITTEE The Flood Hazard Mitigation Information Committee must include a representative from certain categories. Do you qualify for any of the following? W None of the above riinto r--orf-in Dnma A of 1� Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. J I Agree (_iinto (=nrrin Dnrro C; of 1:� Guate Garcia 3833 Brockhampton CT Corpus Christi, Texas 78414 Cell (361) 429-4955 Professional Qualifications: Eleven years in the oil and gas industry. 11 years' hands on experience in oil & gas field operations. 5 years' experience in HSE working with Keane/Trican Well Service/BJ Oil Services. Organized and experienced in safety, coaching, mentoring and implementing of company policies. Comprehension of drilling, fracturing, completions, production, coil tubing, and nitrogen is vast. Motivated to gaining the trust and confidence of personnel through establishing a solid working relationship, working safe, leading by example. Areas of expertise include: Drilling & Completions tools, Cementing, Wireline, Nitrogen, Acidizing, Fracturing, Coil Tubing, Rig Mobilization, Project Management, Report Analysis, Hazard Analysis, Creating And implementing JSA's (Job Safety Analysis), Hazmat-DOT Vehicle Inspections, Placarded Chemical loads. IFTA, DOT Vehicle Inspection, (Pre/Post Trip, Road Ready, safe for our employees, and the general-public. • Mechanically inclined. Qualified on the use of common and specialized hand tools • Reliable and Dependable with a positive can-do attitude • Works great as a team member or as an individual without supervision to accomplish task/goal • Professional and effective written and verbal communications skills • Adapts and manages to changing priorities and competing demands • Familiar with technical and manufacturing manuals • Follow directions well from team members and superiors • Work Safely and very flexible • Have an Outstanding Shop Aptitude • Mission and goal driven. Organizational success is key focus. • Detailed and results oriented • Proficient in Microsoft, Outlook, Excel, Work, and PowerPoint • Have ability for prolonged standing, bending, walking, stooping, or sitting for long periods of time. Can lift up to 35 pounds without assistance, and over 35 pounds with assistance from another worker or weight handling equipment. • Self-motivated and untiring drive to accomplish organization's mission and functions. • Willing to work long hours if needed to complete assigned tasks • US Citizen with current US Driver's License OBJECTIVE: Looking for a QA/QC Role,Aircraft Repairer at the Corpus Christi Army Depot. PROFESSIONAL EXPERIENCE: 2018-2020 NCS Multistage QA/QC/Field Tech/Tracer Diagnostics/Fracturing Services • Operate equipment per spec, maintain my workspace, use PPE for every task/work safe. • Operate industrial washers, utilizing steam pressure, degreaser solution, and required solvents to remove dirt, grease and/or paint from a variety of downhole tools, motors, and equipment parts. • Determine proper sequence of cleaning processes and time exposure of parts required to avoid possible damage. • Spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. • Operate deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. • Operate bead blast machines using prescribed techniques and instructions when required and utilizing guidance from higher graded employees. • Mix various cleaning and degreasing solutions for units to be cleaned. 2016-2018 Keane Group,West/South-Texas QHSE/Field Safety Frac, Wireline, Cement, DOT Driver Trainer ■ JSA, Task Specific Safety Meetings at jobsites, and follow all Safety Rules. ■ Hold Safety Meetings, with all personnel, on location involved on client location. ■ Inspect Operate heavy equipment such as man-lifts, forklifts, aerial man-lifts, and handle and transfer bulk chemicals, specified for pumping schedule. ■ Stage Equipment, Iron, containment, chemicals, etc. at Well Site. ■ Move Equipment Safely, during Rig Moves. ■ Inspect Equipment, Pre Trip, Post Trip, Utilize safe driving habits, from the Yard, On the public roads, lease roads, and all customer locations. 2011-2015 Trican Well Service-Mathis,Texas HSE/QA Field Safety Coordinator Garcia Page 4 Coil Tubing Operator/Pump Operator ■ Monitor Safety awareness and implement improvements on all Job locations including Frac, Cement, and Coil Tubing Jobs. ■ Create safety presentations for monthly and quarterly safety meetings/shutdown meetings. ■ Train and observe fellow employees, and new hires on equipment to be successful/confident running job on their own. ■ Control Inventory of all Safety Supplies needed per Location. ■ Write up Job Safety Analysis for every job/task being executed during Stages. ■ Investigate Communicate Report all near misses, injuries, and Accidents. ■ Operate Equipment during Frac Stages-Sand kings, ChemAD, Blender, Hydration/Gel, Units. ■ Assist in Rig up and Rig down of all equipment to set up Fracsite. ■ Knowledgeable of completing and following through JSNs-on a daily task, pre-tour safety meetings, LO-TO, 100 %tie off, BBS perform stop, and go operations, hold a valid well-control card, Control and prevent spill of hazardous materials to the environment, perform Daily Risk Assessments for unsafe conditions around wellhead and location DOOperate Nitrogen, Fluid Pumps During Downhole procedures. ■ Pressure Test, equipment iron Safely to Client Spec, & inspect during procedure. ■ Routine maintenance of Pumps on Location or Back at the Yard ■ Responsible for start stop and monitoring of equipment, including reading gauges, meters, pressures, and recording pump/job activities in operating logs, and records. 2010-2011 BJ/Baker Hughes Oil Services-Alice,Texas Field Safety/Equipment Operator III ■ Run Safety meetings for crews on location, create JSA's for tasks at hand on jobsites. ■ Drive Hazmat Float with chemicals to Location for downhole use. ■ Assist crew members on Rig up, and Rig down of all equipment to set Frac Job Location. ■ Drive Company equipment to and from location safely. ■ Run Chemical (Chem-Ad) during stages of Fracturating. ■ Wash and maintain cleanliness of Tractor Trailers before they go to shop and back to Location. Garcia Page 5 ■ Work on pumps (Chem-Ad or Frac Pumps) when repairs are needed. ■ Operate Sandkings and Hydration Unit with fellow employees while not on the Chemical unit. ■ Attend Safety meetings with crew to get clear instruction for the day or shift. ■ Wear all proper PPE for job and task at hand. 2004-2010 Sara Lee Coffee & Tea-Corpus Christi,Texas Territory Manager 0 Assist higher Technicians in repair/testing of the less complex electrical accessories, components, subsystems, and control equipment directly related to industrial/commercial machinery/systems. 0 Participate as member of group in making preventive maintenance inspections of electrical equipment; perform minor adjustments and corrective maintenance to industrial equipment throughout operating customers in territory during normal work week and on weekends. 0 Assist in the assembly/disassembly, repair, modification, preventive maintenance, installation, removal, and assembly of equipment with Senior Technicians in Territory. 0 Delivering a high level of customer satisfaction by distributing products in a timely manner and providing equipment repairs in a timely manner. 0 Accountable for collections in any delinquent accounts for past due amounts. 0 Accountable for high customer retention which comes from building good customer relationships, and gaining their trust for future business. 0 Sale full line of products for more Gross Profit in all accounts. 0 Maintain an accurate inventory of products to properly serve a wide variety of customers. 0 Solicit prospective business/clients to grow territory for higher gross profit and higher commissions. EDUCATION: Institution Year Field of Study Garcia Page 6 Del Mar College 1994-1996 Kinesiology/Associates Corpus Christi, Texas East High School 1993 High School/Diploma Anchorage,Alaska CERTIFICATIONS: ■ Class A CDL Hazmat, Tanker, Double/Triples Endorsements ■ OSHA 10 Hour & 30 Hour ■ Rough Terrain Forklift, and Man lift Certified ■ PEC Safe Land Offshore, TWIC Card, and Current Passport ■ Well Control School (WCS) Introduction to Supervisor/Safety Leader SKILLS: ■ Bilingual (English/Spanish) ■ Multitask efficiently ■ Strong and effective communication and organizational skills ■ Computer skills (Microsoft Word, Power Point, Excel) ■ Work well in Team Environment to accomplish given tasks and goals ■ Smith System, Safe Driving REFERENCES: Available upon request CITY OF CORPUS CHRISTI Submit Date: Mar 22, 2021 Application for a City Board, Commission, Committee or Corporation Profile Wesley R Langston First Name Middle Initial Last Name Email Address 717 Ponder Street Street Address Corpus Christi TX 78404 .rty State Postal•erode What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 6 Home: (817) 727-0510 Home: (361) 756-3252 Pr:mar•;Phone Alremate Phone voestalpine Texas LLC Head of Logistics cmcloielob-ale Work Address - Street Address and Suite Number 2800 Kay Bailey Hutchison Road Work Address - City Portland Work Address - State Texas Work Address - Zip Code 78374 \A/oclov Q I nnnctnn Dario 1 of E; Work Phone 3617049000 Work E-mail address wesley.langston@voestalpine.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: do not serve on any other board, commission or committee Education, Professional and/or Community Activity (Present) B.S. in Aviation Logistics from the University of North Texas Work as Head of Logistics for voestalpine Texas LLC. Responsible for freight procurement, inventory management, and customs compliance. My primary love is conservation. I have previous experience working in Fiji for a conservation group mapping coral cover, and fish and wildlife populations. In Corpus Christi, I have been involved with Young Business Professionals of the Coastal Bend where I took a role in funding and organizing volunteer-athon. While not exactly community activity, but related to the board position, I feel very strongly"adopt don't shop". My current dog, and all previous family dogs have either been from a shelter, a voluntary surrender, or accidental litter. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) This is the only board I am currently applying to. Why are you interested in serving on a City board, commission or committee? I moved from Dallas to Corpus about 6 years ago. When I first moved I always considered Corpus Christi a temporary location. As I've lived here longer, I feel a sense of belonging to the City, and feel it is my duty to give back in some way. \A/oclo�i D I nnnctnn Dnrua 7 of F, Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r Yes r No Demographics Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter NiA. N/A Wincinxi D I nnrvctnn Dano Q of q Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? 1 None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Wacloxi D I onnctnn Down A of City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree %A/aclav D I nnnctnn Dnna 1:� of L:� Wesley Langston 717 Ponder Street • Corpus Christi, Texas 78404 • (817)727-0510 OBJECTIVE: I have experience in the fields of international trade,customs and compliance,logistics, and supply chain management. I am seeking a new career opportunity where I can leverage these skills, and additionally, further expand my knowledge in the fields of Trade and Customs. STRENGTHS • Trade and Compliance- Experienced in international shipping regulations, good relationship with local brokers and CBP, and good relationships with FTZ community and Trade consultants • Strong analytical abilities with a background that includes advanced calculus. Comfortable creating BoD level graphs and analysis • Creative and entrepreneurial-At each new job opportunity,has been tasked with building and designing processes. • Proficient in Microsoft Office,Questaweb Trade Software, and SAP,-Can quickly learn ERP and Trade Compliance systems • Understand business needs-worked at several companies varying in size from 6-90,000 employees, know how operate within each environment PROFESSIONAL SKILLS • Leadership&Responsibility • Responsible for the procurement of—30-80million USD of ocean,barge, rail, and truck freight annually • Coordinate the delivery of—350million USD of inventory arriving on site annually • Create,run, and maintain the Foreign Trade Zone,and handle all required Customs paperwork • Selected by CEO for the ECP(Early Career Program)a talent and leadership program within voestalpine North America • Communication • Presented and sold favorable logistics concepts to customers. In one case,secured a freight agreement with net profit of 420,000 USD annually • Communicated with people of all languages and nationalities(Americas,Asia, Europe,Africa) during my time at voestalpine Texas LLC • Edited written engineering proposals and PowerPoint presentations at Bridgefarmer, created PowerPoint slides and graphics for the quarterly Board of Directors meeting at voestalpine • Process Management • Process owner during the implementation of two ISO 9001 at voestalpine Texas LLC • Responsible for creating own repair management process and new parts sales process at Colt Aviation for military aircraft parts. Responsible for creating shipping and trace documentation for commercial and military parts EDUCATION • BS-Aviation Logistics University of North Texas GPA: 3.3 August, 2014 0 Member of University of North Texas Logistics Case Competition Team WORK EXPERIENCE • Head of Logistics voestalpine Texas LLC Jan 2020-Present • Logistics Specialist voestalpine Texas LLC March 2015-Jan 2020 • Sales&Customer Support Colt Aviation August-December 2014 • Supply Chain Intern JCPenney May-August 2014 • 19 Soccer Coordinator 19 Sports Seasonal Spring/Fall 2013-2014 0 Engineering Technician Bridgefarmer and Associates May-August 2011,December 2012 Wesley Langston 717 Ponder Street • Corpus Christi,Texas 78404 • (817)727-0510 MISC. • Member of NAFTA(National Association of Foreign Trade Zones) • Member of YBPCB(Young Business Professionals of the Coastal Bend) • TWIC Card Holder • Volunteer Diver:Reef mapping and conservation South Pacific Projects August—December 2009 • PADI Certified Rescue Diver CITY OF CORPUS CHRISTI Submit Date: Dec 20, 2020 Application for a City Board, Commission, Committee or Corporation Profile Sharon E Lester First Name Middle Initial Last Name Email Address 7010 Chiswick Dr Street Address Corpus Christi TX 78413 Cdy State Postal Code What district do you live in? W District 5 Current resident of the city? (.- Yes (- No If yes, how many years? 16 Mobile: (361) 533-2558 Home: (361) 533-2558 Primary Phare Alternate Phore Work Address - Street Address and Suite Number N/A Work Phone N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Chnrnn G I actor Dorm 1 of A Interests & Experiences Are you a registered voter? r Yes (- 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) None currently If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? As a life-long pet owner, I can help the City Leaders make smart decisions regarding the care and regulation of animals. Are you an ex-Officio member of a City Board, commission or committee? r 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? r Yes (- No Demographics Gender W 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? c Yes (-. No Chornn FZ I actor Dorm of A 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? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above Chnrnn 17 1 octor Dano Q of A Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than,25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. 1 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. 1 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Chnrnn G I actor Dnrro A of A CITY OF CORPUS CHRISTI Submit Date:Jan 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ryan A Martinez First Name Middle Initial Last Name Email Address 802 Barry Street Apt. 2106 Street Address Sute er Aot Corpus Christi TX 78411 C,ty S'a'e Postal Code What district do you live in? W District 2 Current resident of the city? (-. Yes (- No If yes, how many years? 23 Mobile: (615) 537-7808 Mobile: (361) 537-7808 Primary Phone Alternate Phone Work Address - Street Address and Suite Number N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Dxinn A KAnrtino-7 Dmirro 1 of Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted ARTS & CULTURAL COMMISSION: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL& PREVENTION DISTRICT:Submitted HUMAN RELATIONS COMMISSION: Submitted PARKS AND RECREATION ADVISORY 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: No Education, Professional and/or Community Activity (Present) Calallen Highschool graduate Why are you interested in serving on a City board, commission or committee? I'd like to contribute to my community in a positive manner, and help make the city a better place. JQIGad 3 Jesume Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r• Yes r No Demographics Gender W Male D\/nn 0 Unrtino-7 Dnno '� of f� Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r• Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above QUeStICn applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Youth / Education • Higher Education • Performing Arts (music, dance, drama, film) Dwnn A Kilnrtino-7 Dino of G Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? 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. W I Agree Dxinn A AAnrtino-7 Dano A of City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree ON/nn A Unrtinn-7 Dino of 1 Ryan Martinez 802 Barry Street Corpus Christi, TX 78411 Phone: 361-537-7808 E-mail: ovum Indeed Link: https://my.in eed.com/p/Eyanm-7k5igzu Pursuing a position where my varied communication skills, and know-how of general technological hardware and software are taken full advantage of to help others. '`' Data Entry - Highly Proficient Technical Support - Familiar ` Customer Focus & Orientation - Highly Proficient Problem Solving - Highly Proficient Customer Focus & Orientation - Highly Proficient i Social Media- Proficient Management & Leadership Skills: Planning & Execution - Proficient Attention to Detail Skills— Proficient Verbal Communication - Expert 3� x Del Mar College, Corpus Christi, TX Pursuing Associate of Arts in Digital Media Calallen High School: August 2011 —May 2015 • Client Experience Technician \nYwhereWorks [August 17th 2020 - Present] Trained to answer inbound calls from a range of AnywhereWorks brands and customers. Assisting with: - Message and order taking - Relaying information - Appointment scheduling - Live web chats - Troubleshooting • Behavioral Technician (December 2018 —July 30th) Center for Autism and Related Disorders, Inc. - Corpus Christi, TX Trained to work with children and families affected with Autism Utilizing an understanding of what Autism is and how to teach kids and teenagers with Autism Applied Behavior Analysis (ABA) Techniques I Curriculum development including: language, play, cognitive, social, and motor skills How to reduce problem behavior I How to teach in the natural environment such as the home, school and community I Work with apps, games and web based technology via an iPad. • Office Assistant (Jule 3,,! 2018 — Sepe. t_ Adliance (14493 S Padre Island Dr General office responsibilities: running errands; maintaining interior; data entry; connecting with clients over the phone for Adliance sales team members. 3" • Contractor (Jan 12' 2015 N. Aransas Princess (7�n Access Rd 1-A) General construction; furniture assembly; home renovation; painting; heavy '0*j, lifting; power tool operation. • Student Assistant (Jan. 19- 201) — June 28th 2017) SWC (White Libra_- General customer service; greeted visitors and provided basic information to faculty, staff, students, and the general public; signed students or visitors into the system; helped with computer and other technical issues; answered phones, took messages, and guided callers to appropriate dept/person; data entry; maintained daily employee log; gave brief tours of the floor; prepared materials as directed; maintained inventory of office supplies; helped with special assignments; trained new employees. • Guest Associate i.Nov. 4th 2016 - Jan. 4��- 20 17) GameStop jS Padre Island) Recommending, and helping find merchandise based on customer preference; using computers and p mobile technology to input, process and receive data; supplying customers with answers or solutions to specific inquiries; displaying and maintaining appearance of merchandise; sorting inventory stock rooms. • Sales Associate (Aug. 6"h 2016 — Sebt. 27 � 2016) Journevs (:5488 S Padre Island Dr. #15 10) Displayed and maintained appearance of merchandise; sorted inventory stock rooms; recommended, and helped find merch based on customer preference; used computers to input, process and receive data; supplied customers with answers or solutions to specific inquiries; sold between $1,000 - $2,000 a day; met and exceeded sales goals daily. CITY OF CORPUS CHRISTI Submit Date:Jan 11, 2021 Application for a City Board, Commission, Committee or Corporation Profile Eli McKay First Name Last Name Email Address 1008 Marguerite St. Street Address Corpus Christi TX 78401 City State Postal Code What district do you live in? W District 1 Current resident of the city? (-. Yes (- No If yes, how many years? 9 Home: (361) 425-3449 Mobile: (970) 433-9329 Pnmary Phone Alternate Phone Oakley Store Manager mploysr Jed Title Work Address - Street Address and Suite Number 5488 SPID#1406 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 GIi AArVnx/ Dino 1 of Work Phone 3619801154 Work E-mail address ostore185manager@oakley.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CRIME CONTROL& PREVENTION DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r 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) High school diploma with some college from Colorado Mesa University. I have 16 years of management experience from corporate retail stores to local organizations as well. I am active in several local political groups, as well as environmental ones as well. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Marina Advisory Committee 2. Animal Care Advisory Committee 3. Crime Control & Prevention District Why are you interested in serving on a City board, commission or committee? I am ready to give more to my city than tax dollars, and my opinions on social media. I see the beauty and potential that our city has, and want to do all that I can to be a part of that progress. I am a homeowner in District 1 and am ready to join the process of what makes our city an amazing place to live. Please consider me for a position. -ld a''^'esl:me Mi Urk nxi Dnrro 7 of 1:� Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r Yes r No Demographics Gender W 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 (.- No 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? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a M UrIlw Dfano 2 of 1� Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? " W None of the above Quest on applies to MARINA ADVISOR`(COMMITTEE The Marina Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Environmentalist 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 (- 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? (-. Yesc- No Questson applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner W Resident Verification rli KAI-Vnxl Dnma A of 1^ City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree PH KAr Vn\i Eli McKay 1008 Marguerite St. Corpus Christi Texas 78401 - 970.433.9329 Experienced manager and organizer seeking employment in a positive &fast-paced environment,where I can share and grow my organizing skills and passion for justice with others. Store Manager-Oakley-September 29,2019-Present 0 Manage all operations of the location. Network, hire &train all staff for scheduling needs throughout the year. Ensure all marketing is current and displayed according to company standards. Conduct inventory, record daily bank deposits, and process weekly payroll for all employees. Ensure sales goals are met and that excellent customer service is provided.Take customer service issues both on the phone and in-person and resolve them. Insurance Account Representative-Joely DelVecchio State Farm-January 7,2019-August 2019 0 Conducted business for State Farm Bank as a Licensed General Lines Agent for life,accident, health, HMO, property,and casualty insurance. Daily office tasks such as answering incoming phone calls, processing payments,writing new policies, and making changes requested by the insured. Ensured all clients and future clients are assisted with the utmost care and respect for their needs—experience with NECHO,ABS, & ECRM operating systems. Field Manager-Beto O'Rourke Campaign June 19,2018-November 15th,2018 0 Lead a team that organized hundreds of volunteers across Nueces County to talk to more voters than any campaign in Texas history. I managed 4 Field Organizers who in turn managed hundreds of volunteers to block walk/canvass, phone bank, run voter contact training. We were able to open six temporary brick and mortar campaign offices throughout Corpus Christi and have them fully staffed with volunteer leaders providing three shifts of phone banking and block walking every day. Managed social media marketing, event planning, and management for all local events. Responsible for running daily check-in calls, onboarding,and training new staff,conducting goal reviews, and giving feedback. Store Manager Chubby's Mattress October 1,2014-September 11,2017 0 Hiring and training of all new sales associates. Oversee cash handling, bank deposits,and payroll tracking. Communicated effectively with warehouse staff, account reps, upper management,and customers and managed social media marketing on Facebook& Instagram. Ensured that the highest customer service level was upheld during telephone or verbal interactions and handled any customer service issues that may have arisen. Filed paperwork according to state law and company policy. Store Manager Sunglass Hut-April 2,2004-October 1,2014 0 Managed operations of store location based on corporate standards. Networked, hired & trained all staff for scheduling needs throughout the year. Ensured all marketing was current and displayed according to company standards. Conducted inventory, recorded daily bank deposits, and processed weekly payroll for all employees—achieved sales goals for personal and store that were met through consistent customer service.Answered customer service issues both on the phone and in-person and resolved them. Education • Estelline High School May 2002 • Colorado Mesa University Psychology May 2010 Other Qualifications 0 2020 City Council Campaign O 1 ran for the District 1 city council seat here in Corpus Christi last fall. During the campaign, I organized a slate of five candidates and put together The People's Platform. This is a collective mission to put people over profit in our city, and for the citizen's best interest to come first. Our Coastal Bend Labor Council endorsed me in this race and our local Coastal Bend Sierra Club Chapter. 0 Digital Skills O Experienced building websites with Wix,and Nationbuilder O Experienced with VAN, Slack, Discord,and Spoke O Experienced with Excel and Google drive platforms O Experienced in making lists and cutting turf for organizing efforts. O Experienced with Zoom and Teams References • Victoria Munt Rogers -victoria@gulfscapes.com;361-548-6804 • Alison Ford - alison.ford.politics@gmail.com; 615-738-0719 • Julie Rogers - rogersjuliet@gmail.com;361-461-1967 CITY OF CORPUS CHRISTI Submit Date: Sep 11, 2020 Application for a City Board, Commission, Committee or Corporation Profile Kelsey S Reed First Name Middle Inlial Last Name Email Address 2534 Las Estrellas St Street Address Corpus Christi TX 78414 City State Postal Ccde What district do you live in? W District 4 Current resident of the city? (-. Yes r, No If yes, how many years? 3 Mobile: (210) 241-7375 Business: (361) 814-9900 Romary Phone Altemate Phcne Hanson Professional Services Inc Proposal Coordinator Emoloyer Job Tifle Work Address - Street Address and Suite Number 4501 Gollihar Rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78414 VnIcoxi C Door) Df3rro 1 of 1� Work Phone (361) 814-9900 Work E-mail address kreed@hanson-inc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Currently Pursuing Masters of Business Administration at Texas A&M University-Corpus Christi If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I feel my passion for animal welfare, fused with a desire to improve the quality of life for citizens and animals of our community and a strong background in animal science,would benefit the City of Corpus Christi. JoIrad i�.e>ume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Vnicov C Door) Dano of Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes r^ No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. My current employer, Hanson Professional Services, currently performs professional services for the City of Corpus Christi, but I do not foresee any potential conflicts. Board-specific questions (if applicable) Quest On applies to A,NIMAL CARE AD'd!SO RY COW,11TTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Vialcoxi C Door) Dnrvo rif E� Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree V,Mlcoxi C Door) Down A of 1:� 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. 1 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree VnIenxi C C7oorl Dario F, of F, Y HEA REED EDUCATION Texas Tech University,Bachelor of Science in Agricultural Communications Lubbock,TX August 2012 Minor in Animal Science Dean's List I'MPLOYEE I'APERIENCE Hanson Professional Services,INC. May 2015-Present Proposal Coordinator • Responsible for creating proposal content and design in response to request for qualifications from infrastructure clients • Develop timelines for content submission,review and design during the t proposal layout with project team to meet deadlines • Maintains customer relationship manager database,project photograph log and other marketing elements for Texas offices • Manage all stages of proposal process from content development to publishing and delivery final product to client • Assist in all business development elements including project pursuits,client networking,presentations and marketing materials USDA Farm Service Agency—Washita County,Cordell,Oklahoma February 2014-May 2015 County Operations Trainee • Implemented the 2014 Farm Bill on a local level and ensures policy is followed by producers and county office staff • Conducted producer outreach meetings and creates semi-monthly digital newsletters in order to advertise currentprograms • Received practical managerial and program training as required by USDA-FSA guidance through shadowing andapplication • Held producer and county committee meetings,as well as distributed regular newsletters and producer fact sheets Cowboy Publishing Group April 2015-October 2015 Contract Labor-Associate Editor for Quarter Horse News • Represent Quarter Horse News at various equine events and functions to promote the brand and increase magazine sales • Created event coverage, feature stories,how-to articles and various department articles for bi-monthly magazine • Captured photographs and video to illustrate feature articles, and for use in departments,blogs,web content and social media Texas Tech University Department of Animal&Food Sciences November 2012-August 2014 Lead Account Processor • Maintained accounting records and ledgers for sponsored grant and local accounts for more than 70 accounts and 10 faculty • Established and modified expenditures for research projects,service centers, and local funds for each fiscal year • Managed part-time student employees and their schedules,timecards and daily assignments • Prepared and approved purchase orders,budget revisions,intra-departmental transfers,procurement card usage CEV Multimedia,LTD.—iCEVBranch January 2012-November 2012 Production Coordinator • Quickly addressed customer product complaints and technical issues by telephone and e-mail on a daily basis • Organized,edited and updated video inventory for three web sites,combing over 40,000 minutes of video content • Contributed to weekly and quarterly meetings pertaining to content,sales,customer service and web site analytic EXTRACLAWCi LAR & LEADER,�,1111' A( 114 IT1E- Hanson Management Advisory Committee July 2019-Present Vice Chairperson • Assist Chair in all responsibilities for committee created to evaluate employee suggestions prior to being received by management United Corpus Christi Chamber of Commerce: Leadership Corpus Christi August 2019-Present Graduate from Leadership Corpus Christi Program • Completed a 12-month program for emerging leaders,building the skills,knowledge, motivation for a stronger community Texas and Southwestern Cattle Raisers Association Convention April 2012 Video Intern for The Cattlemen's Magazine • Recorded,interviewed, and edited industry professionals present at convention and uploaded videos to YouTube Houston Livestock Show&Rodeo March 2012 Editorial Writing Intern • Interviewed rodeo contestants after each night's performance in order to compose news releases for Houston Chronicle San Antonio Livestock Show&Rodeo February 2011 Marketing Intern • Created and distributed press release packages daily for all champion exhibitors and other fair events The Agriculturist Magazine January 2012-May 2012 Advertising Manager • Developed advertising strategy to earn S 14,000 worth of advertising and managed all accounting for advertisers Student Government Association—Texas Tech University August 2011-May 2012 Transfer Council—Historian • Planned and hosted campus events to ease the transition for current transfer students KELSEY SHEA R References: Ed Cantu Owner Ed Cantu Insurance Agency 7122 S Staples St, Ste C, Corpus Christi, Texas 78413 361-876-8600 Eddcan2@gmail.com Wilfredo Rivera Jr. Vice President&Project Manager Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 361-816-2064 Vv'Rivera@hanson-inc.com Skipper Bates Acting District Director USDA-FSA, Washita County 1505 Glenn English St. Cordell,Oklahoma 73632-1405 405-503-7235 Skipper.Bates@ok.usda.gov Burak Ersoy Business Clinical Analyst Driscoll Children Hospital 3533 S Alameda St, Corpus Christi, Texas 78411 361-288-9090 Burak.Ersoy@dchstx.org Shawn Warner Lead Proposal Coordinator Hanson Professional Services Inc. 6230 University Parkway, Suite 202 Lakewood Ranch, Florida 34240 941-296-0767 SWamcr@hanson-inc.com CITY OF CORPUS CHRISTI Submit Date: Sep 01, 2020 Application for a City Board, Commission, Committee or Corporation Profile Tina J Slay First Name Middle Initial Last Name Email Address 4000 Surfside Blvd. No. 205 Street Address Suite or Apt Corpus Christi TX 78402 G;ty State Postal--ode What district do you live in? W District 1 Current resident of the city? (-. Yes r No If yes, how many years? 9 Home: (512) 755-3446 Home: (512) 755-0687 Prmar,Phone Alternate Phone Volunteer Corpus Christi Animal Shelter and Sealab (part of Retired Texas State Aquarium EmcloVer Jou 'file Work Address - Street Address and Suite Number 2626 Holly road Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 Tina 1 CInxl Dino 1 of Work Phone Same as home phone 513-755/3446 Work E-mail address Same as home email crittersdougandtina@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r 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) Bachelor's degree Math and Accounting Why are you interested in serving on a City board, commission or committee? I love animals and Corpus and have a lot of experience working with animals, particularly dogs, cats and birds. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Tines 1 Clod Dnrvo 9 of Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r• Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r• Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r• Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Tina l Clnxi Dano I of G Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Tina 1 Clw Darin A of Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Tina 1 Clnxi Dano G of r. CITY OF CORPUS CHRISTI Submit Date:Apr 23, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs Lynn A Valley Prefix First Name Middle Initial Last Name Email Address 9573 leopard dr #208 Street Address -- Suite or Apt Corpus Christi TX 78410 City State Postal Code What district do you live in? Pr District 1 Current resident of the city? r Yes r No If yes, how many years? 40 Mobile: (361) 336-9271 Home: (361) 683-6170 Primary Phone Alternate Phone Work Address-Street Address and Suite Number n/a Work E-mail address none Preferred Mailing Address (J Home/Primary Address KArc I vnn A \/milow Dorm 1 of 1� Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r 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) GED If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal care advisory CCRTA HUMAN RELATIONS Why are you interested in serving on a City board, commission or committee? Have lived here 35 yrs,the city has always been there for me. Would like to start being there for it. Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r Yes r No Demographics Gender Pr Female AArc I vnn A \/Maxi Dnnc 7 of q Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO"to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? PJ None of the above KArc I xinn A \/nIlo%i Dnma Z of r, Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities,and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I have disabilities unable to drive for myself Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Business of Renting of Dwellings 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 Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r Yes r No Verification AArc I xinn 4 WmIliaw Dorno A of G 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. 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. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree AArc I %inn A Wmilaw Dnrvo 1; of r, COASTAL BEND COUNCIL OF GOVERNMENTS Nine(9)vacancies with terms to 4-30-23,with four(4)being elected officials(Staff is recommending postponement of non-elected positions). Duties The Coastal Bend Council of Governments shall prepare and recommend to participating local governments urban,metropolitan,and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use,traffic circulation,major streets and highways,general location of public works,the development of major educational facilities,and related problems of development. Composition City shall appoint nine(9)members for two years(but terms shall be at the complete discretion of the City Council),at least four(4)being elected Member size Term length Term Limit 9 2 years N/A Appointing Name Term Appt.date End date Authority Status Category Greg Smith 2 5/1/2019 4/30/2021 City Council Eligible Elected Official Ben Molina 2 5/1/2019 4/30/2021 City Council Eligible Elected Official Michael T.Hunter 2 5/1/2019 4/30/2021 City Council Eligible Elected Official Rudy Garza 2 5/1/2019 4/30/2021 City Council Resigned Elected Official Richie Quintero 4 5/1/2019 4/30/2021 City Council Eligible Tom Tagliabue 4 5/1/2019 4/30/2021 City Council Eligible Dan McGinn 1 5/1/2019 4/30/2021 City Council Eligible Pat Eldridge 4 5/1/2019 4/30/2021 City Council Eligible Alternate Lawrence Mikolajczyk 4 5/1/2019 4/30/2021 City Council Retired Alternate Rebecca Huerta 3 5/1/2019 4/30/2021 City Council Eligible Alternate Mark Van Vleck 2 5/1/2019 4/30/2021 JCity Council lRetired Alternate Keith Selman 2 5/1/2019 4/30/2021 lCity Council lRetired Rudy Bentancourt 2 5/1/2019 4/30/2021 JCity Council lResigned 5-11-2021 CORPUS CHRISTI CONVENTION&VISITORS BUREAU One(1)vacancy with term to 10-1-21,representing the following category:1-Community At-Large. (The CCCVB is recommending Ramon Pineda(At Large)or Lance Hancock(At Large)for Council consideration.) Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors(BOARD),which must be composed of twenty-four(24)members.Thirteen(13)will be selected directly by the City Council.The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board.The members shall be representatives of the following groups:3-lodging industry;3-attraction industry;2-restaurant industry;and 5-community at-large. The following persons or entities,or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor or designee,City Manager or designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or designee,State Representative 34 or designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee. Appointments will be for two-year staggered terms.No person may serve as a voting member of the Board for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term.The CCCVB always shall nominate one(1)more individual than the number of positions available in each category.The City Council will provide serious consideration to the Board's recommendations,but it is not restricted to select members submitted by the CCCVB or any other group. Member size Term Length Term limit 24 2 years 6 years AppointingName District Term Appt date End date John F Longoria District 4 Partial 9/29/2020 10/1/2021 City Council Resigned Community At-Large Melody Nixon-Bice District 5 3 2/10/2015 10/1/2021 City Council Active Lodging Industry Fred F Soward III District 4 2 5/9/2017 10/1/2021 City Council Active Restaurant Industry Johnny Philipello District 4 2 1/10/2017 10/1/2021 City Council Active Attraction Industry Kendra L Kinnison District 4 2 10/10/2017 10/1/2021 City Council Active Lodging Industry Blanche Candelaria- Other/Non- Morris lResident JPartial 9/29/2020 10/1/2021 1 City Council I JActive I Lodging Industry 5-11-2021 Name District Term Appt date End date Appointing Other/Non- Alex Harris Resident 1 9/29/2020 10/1/2022 City Council Active Community At-Large Daniel R Suckley District 4 2 9/11/2018 10/1/2022 City Council Vice-Chair Active Community At-Large Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council Active Community At-Large Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council Chair Active Community At-Large Other/Non- JenniferJ Vela Resident 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council Active Restaurant Industry Mitchell Davis Kalogridis District 4 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Ex-Officio,Non- American Bank Center General Matt Blasy 1 N/A N/A America Bank Center voting Active Manager State Representative Ex-Officio,Non- State Representative District 34 or Abel Herrero 1 N/A N/A District 34 voting Active designee State Representative Ex-Officio,Non- State Representative District 32 or Todd Hunter 1 N/A N/A District 32 voting Active designee Texas A&M University- Ex-Officio,Non- Texas A&M Athletic Director or Jon Palumbo District 4 1 N/A N/A Corpus Christi voting Active designee Ex-Officio,Non- Corpus Christi Regional Economic Iain D Vasey District 5 1 N/A N/A CCREDC voting Active Development Corporation Fred Segundo N/A N/A N/A City Council Ex-Officio,Voting Active C.C.International Airport Corpus Christi Hooks General Brady Ballard 1 N/A N/A Corpus Christi Hooks Ex-Officio,Voting Active Manager Michael T.Hunter 1 8/14/2019 N/A Ex-Officio,Voting Active Mayor Joe McComb's Rep. Ex-Officio,Non- Lisa Hinojosa District 4 1 N/A N/A City Council voting Active Port of C.C.Authority Peter Zanoni 1 N/A N/A Ex-Officio,Voting Active City Manager or designee Ex-Officio,Non- Jorge Cruz-Aedo N/A N/A N/A City Council voting Active Regional Transportation Authority 5-11-2021 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category Christopher O Ardueser District 5 Applied At-Large Ulysses Arrigoitia District 1 Applied At-Large At-Large Steve Banta District 5 Applied Attraction Industry Laura M. Commons District 2 Applied At-Large At-Large Hotel Industry Brandon Crowson District 4 Applied Restaurant Industry Other/ Non- At-Large *Lance N Hancock Resident Applied Attraction Industry Mourad Hasbaoui District 3 Applied At-Large At-Large Paul E Hatridge District 5 Applied Restaurant Industry Scott A. Lawson District 6 Applied At-Large At-Large Linda Lindsey District 4 Applied Hotel Industry At-large Sara Sells Morgan District 4 Applied Attraction Industry Ramon J. Pineda District 4 Applied At-Large At-Large Carol Rehtmeyer District 4 Applied Attraction Industry Melissa Rios District 1 Applied At-Large *Non-Residents allowed CITY OF CORPUS CHRISTI Submit Date:Jan 16, 2021 Application for a City Board, Commission, Committee or Corporation Profile Christopher O Ardueser First Name Middle Initial past Name Email Address 5421 Whitemarsh Dr Street Address Corpus Christi TX 78413 r"ty State Postal code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 7 Mobile: (303) 915-7323 Home: (303) 915-7323 Pr,many Phore Altemate Phcae AGDA Consulting Owner Emblover Job 'die Work Address - Street Address and Suite Number 615 N Upper Broadway Suite 623 Work Address - City Corpus Christ Work Address - State Texas Work Address - Zip Code 78401 (`hrictnnhor n ArAiocor Dnno 1 of A Work Phone 303.915.7323 Work E-mail address chris.agdaconsulting@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• 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) Graduating with a Doctorate in Business Admisntraitn in May 2021 from the University of the Incarnate Word. Publications in leadership. Research in management, leadership, ethical leadership, operations strategic leadership. Chamber Champion If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, Human Relations Commission, Port Of Corpus Christi Authority Of Nueces County, Tx, Corpus Christi Business And Job Development Corporation, Ethics, Planning Commission Why are you interested in serving on a City board, commission or committee? I have now been gifted the time to be able to give back to my community. I feel I have a skill set that will help this great community continue to move forward with strategic thought, analysis, and planning. I have always enjoyed being part of a team that is goal-oriented and making moves for the future. (`hrictnnhor n Arrh incor Dnrvo 7 of F Joload a Resume Are you an ex-Officio member of a City Board, commission or committee? r 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? (-- Yes r No Demographics Gender W 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 (.- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No ('hrictnnhnr O OrA incor Dano of F, If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A 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? W None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUEGES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? (-- Yes (- No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NIECES COUNTY',TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r- No Quesion applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No ('hrictnnhor n OrrJiiocor Dino A of C, Questcn applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant Question applies to PLANNING COMMISSION,CORPUS CHRISTI 3 CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? (.- Yes (- 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree rhrictnnhor n ArAincnr Dano of F 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r`hrictnnhor n Arrh iocor Dnrvo A of A Christopher Ardueser, MBA Location: Corpus Christ,TX, USA Phone: 303-915-7323; Email Personal Description Doctoral candidate and business owner leads, manages, develops and advances companies, teams and the employees. Believes in strong mission, visions, values and goals and development based in them. With a skill set that includes Entrepreneurial Thinking, Leadership Skills, Strategic Planning, Data Analysis, Customer Service, Communication Skills, P&L Analysis, Training and Development, Product & Cost Control, Sales& Marketing, Supply Chain Management and Future Company Development. Current Doctoral Student that focusses in operations with a direct interest in development through strategic thought processes, strategic leadership, management and thinking. Education University of the Incarnate Word, San Antonio, Texas Doctorate in Business Administration, expected May 2021 Colorado State University, Fort Collins, Colorado MBA, May 2016 Metropolitan State University of Denver, Denver, Co BA—Hospitality: Restaurant Administration, May 2006 Research Interests Ethical Leadership Leadership and Management Strategic Operational Leadership Outcome Driven Management Operations in Multi-Unit Medium Sized Firms Family Style of Leadership Practices YOUR NAME Publications & Conference Presentations "Traits of Effective Leaders: A Literature Review"October 2020. DOI: 10.5281/zenodo.4268623 ABSTRACT: Utilizing research to identify an effective leader is essential for creating a strategic business operational leadership model. The purpose of this literature review is to focus on select objective and less objective traits of leadership among individuals who are in those positions. We explore literature on objective leadership traits such as gender, age, education level, and job satisfaction level and on the less objective traits such as integrity, energy level, and business knowledge, among others. The goal is to evaluate the hypothesis that some, if not all, of these traits contribute significantly to effective leadership by analyzing the available literature about traits of an effective leader. We will explore the theories that have been proposed on this subject in the literature, identify to what degree researchers have investigated these theories, and try to confirm which of these traits continue to significantly be related to successful leadership. The purpose of this paper is to generate a thorough literature review which can later provide a reliable platform for further qualitative, quantitative, or mixed-methods research to create standards that business practices can utilize as a model for leadership identification and integration. 19th International PAIS Conference on Social Sciences and Humanities 21"International Online RAIS Conference on Social Sciences and Humanities Research in Progress "Finding the Common Management Across Multigenerational Management"Completion January 2021. "Leadership Through Followers" Completion April 2021 Professional Experience AGDA Consulting, Corpus Christ, Tx, 2020-Cuurent Owner/Lead Consultant Run, develop and grow a consulting and coaching firm that specializes on strategic operations, leadership and management. Hester's Cafe, Corpus Christi, Tx,2015-2020 Director of Operations Hired as General Manager for Cafe Division and promoted to Director of Operations for entire company, entrusted with all decision making and development of the company along with advising directly to the owners. YOUR NAME Red Tank Ranch, Corpus Christi,Texas, 2019- Current Consultant Provide Consulting for the operations and start up for cattle ranch, exotic hunts and trophy deer hunts. Advised and consulted on pipelines, water rights and wind farm opportunities and contracts. Analyzed data to ensure maximization of resources. Remain under contract for quarterly advisement. Fuze Colorado Catering,Arvada, Co, 2008-2015 Owner An organically grown company that required my attention for all aspects of the company, from the business side to the culinary side. As the company grew procedures were developed for employees to take on different roles in the company. Sales were increased from less the $100,000 in the first two years to just under a million dollars in revenue at time of sale. Chapter President National Society of Leadership and Success, Current Chapter President Colorado Restaurant Association,2005-2006 References Dr Lehenbauer Professor of Business, School of Professional Studies, University of the Incarnate Word, 2301 Broadway, San Antonio, TX 78229 Lehenbau@uiwtx.edu 972-896-7430 Jason Rodriguez Owner Hester's Caf6 1714 S Alameda Corpus Christi, Tx 78411 hesterscafecc@gmail.com 361.885.0558 Dr Chase Young, PhD Professor of Early Childhood development Sam Houston University 214.868.8025 Dr Jose Trevino, MD Owner and Doctor of Anesthesiology and Pain Management 361.876.7134 YOUR NAME CITY OF CORPUS CHRISTI Submit Date: Sep 28, 2020 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name Last Name Email Address 802 S. Carancahua#425 Street Address Corpus Christi TX 78401 Cli'9 S'•.a*e Festal Code What district do you live in? W District 1 Current resident of the city? Yes (- No If yes, how many years? 2 Mobile: (860) 713-9504 Business: (361) 857-0998 Pgmarr P`ucre Alter+maie Phone Spectrum Reach Manager mclo'ver jeo-',.tie Work Address - Street Address and Suite Number 4060 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 1 Ihiccnc Arrinnitin Dano 1 of Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address I,7 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r 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) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? I can contribute with marketing and advertising expertise. Are you an ex-Officio member of a City Board, commission or committee? r Yes c 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? r Yes r No Ilvccoc Orrinnitin Dnrun 7 of G Demographics Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes c= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Working with water department marketing creative services. Board-specific questions (if applicable) Ihiccoc Arrinnitin Dano 2 of C� 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? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. J I Agree Ilvccoc Arrinnitin Dano A of t^ 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ilxiccoc Orrinnitin Dnno 1; of 1:� CITY OF CORPUS CHRISTI Submit Date: Apr 01, 2021 Application for a City Board, Commission, Committee or Corporation Profile Steve Banta "First Name Last Name Email Address 4833 Wooldridge Rd. Street Address Corpus Christi TX 78413 Stale Pos[al:ode What district do you live in? W District 5 Current resident of the city? (-. Yes r No If yes, how many years? 7 Mobile: (904) 472-7443 Business: (361) 888-4873 P=Imam Phcr,e Alternate PhG,':e USS Lexington Museum Executive Director molover irb-ale Work Address - Street Address and Suite Number P.O. Box 23076 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78403-3076 Ctowo Rontn Dario 1 of E� Work Phone 361-888-4873 x310 Work E-mail address steveb@usslexington.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted HOUSING AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: My term on the Housing Authority board expires on April 27, 2021. Education, Professional and/or Community Activity (Present) - Retired Navy. Last job held was Commanding Officer of NASCC. - Member of the South Texas Military Task Force. - Member of TIRZ#4. - Member of CC Rotary. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My position on the LEX, one of the premier tourist attractions in Corpus Christi, makes me uniquely suited to serve the city on the VCC board. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Ctowo Rnntn Dano 7 of G 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? rYes rNo Demographics Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Ctawn Rnntn Dnrua 2 of r; Questcn 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? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree (--town pnnta Dnno A of � 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. 1 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 1 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Cto%io Renta Dino of CITY OF CORPUS CHRISTI Submit Date: Apr 04, 2021 Application for a City Board, Commission, Committee or Corporation Profile Laura M. Commons First Name Middle Irv;ial Last Name Email Address 502 Delaine Dr. Street Address Corpus Christi TX 78411 Gry State Postal""de What district do you live in? J District 2 Current resident of the city? r Yes (- No If yes, how many years? 50 Mobile: (361) 834-8724 Home: (361) 225-7900 Pr;rnarf Phone Alter-a e Phone Keller Williams Coastal Bend Realtor -moloyer Jod rale Work Address - Street Address and Suite Number 4518 Everhart Rd., suite 101 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78411 1 ni irn NA ('nmmnnc Dano 1 of C� Work Phone 3612257900 Work E-mail address commons.kw@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Real Estate license/Del Mar College, Past President of CASA of the Coastal Bend, current board member of CASA of the Coastal Bend, past Chairman of the Corpus Christi Landmark Commission, past Chairman of the Corpus Christi Human Relations Commission, Fiesta De Los Ninos Co-Chairman 2017, Class of 45 graduate of Leadership Corpus Christi, Class of 48 Leadership Corpus Christi Steering Committee, 2016 Texas Realtor Leadership program If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Airport Board CC Convention &Visitors Bureau Ethics Commission Why are you interested in serving on a City board, commission or committee? My interest in travel & my desire to contribute to making Corpus Christi a sought after travel destination for tourists &to serve my beautiful city that has given so much to my family. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No I ni irn NA ('nmmnnc Dnrin 7 of L:� 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 W 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 (-. No Does your employer or your spouse's employer have a City contract? r Yes (-- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. if you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) I ni irn KA (`nmmnnc Dano Z of 1� Ouest:on 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? W None of the above 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 (- 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. 9 1 Agree I ni irn AA (`nmmnnc Dnrro A of 1:� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I ni irn KA (`nmmnnc Dnrro 1� of 1; CITY OF CORPUS CHRISTI Submit Date: Mar 10, 2021 Application for a City Board, Commission, Committee or Corporation Profile Brandon Crowson First Name Last Name Email Address 8110 Denali Dr Street Address Corpus Christi TX 78414 state Postal Code What district do you live in? W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 25 Mobile: (361) 585-9977 Home: (361) 585-9977 Primary?n,a^e Altemate Plene IBC Bank Senior Loan Analyst tmolover Jeb`ale Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Rrnnrinn (`rn%nrcnn Dana 1 of F. Work E-mail address brandoncrowson@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/ LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve currently on a City board. Why are you interested in serving on a City board, commission or committee? I am a young professional seeking involvement in the city to help support and serve my community. Jcic;a �ss•.^.,e Are you an ex-Officio member of a City Board, commission or committee? r Yes r No RrnnrJnn ('rnlnicnn Dano of A 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 W 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? Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? rYes rNo Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c- Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NA. N/A Board-specific questions (if applicable) Rrnnrinn ('rnIAICnn Dano Z of A Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Quest,on applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r- Yes ,: No Quest.on applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? (-- Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes (.- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you a U.S. Citizen r Yes r No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION;LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions 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? • Hotel Industry • Restaurant Industry Quest or,applies''j HUIMAiN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above RronrJnn (`rnlAtcnn Dnrvo A of 9 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? r Yes (-. No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NIJECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? (-- Yes (- No Question applies to multiple beards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes (- No Quest-on applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Quest-on applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Resident Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? 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. W I Agree Rrf3nr4nn ( m1A1cnn Df3rro r, of C, City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Rrnnrinn ('rn%Atcnn Dorm A of F; BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 • 361-585-9977 Detail-oriented professional with experience in hospitality operations management, strategic planning, marketing, and training development. Natural leader with the ability to lead teams to process and manage large volumes without compromising service and quality. Excellent communicator with the ability to identify problems and organize solutions to gain revenue for overall budgeting. SKILLS Communication (Verbal & Written) Service Oriented Adaptability Strong Work Ethic Goal Oriented Organization High Stress Tolerance Critical Thinking - Decision Microsoft Office Making Training & Development Public Speaking Independent EDUCATION 2014 - 2019 BACHELOR OF BUSINESS ADMINISTRATION - MANAGEMENT, TEXAS A&M UNIVERSITY - CORPUS CHRISTI 01-2019 - PRESENT BACHELOR OF BUSINESS ADMINISTRATION - ACCOUNTING, TEXAS A&M UNIVERSITY - CORPUS CHRISTI EXPERIENCE 01-2020 - Present DIRECTOR - OPERATIONS, DIAMOND BEACH HOLDINGS - WAVES RESORT CC • Guided training and development of employees to increase employee morale • Reduced operating costs by 25% by negotiating price points with multiple vendors • Achieved high guest satisfaction rates • Initiated and led a cross functional team of management team members to enhance guest experience • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms to increase property revenue • Analyzed financials to ensure proper budgeting between property departments • Directed and developed a staff of 4 managers, 2 supervisors, and 150 seasonal BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 • 361-585-9977 associates to achieve the organization's vision. • Processed Accounts Payable transactions which included generating checks, organizing, distributing, and month end journal entries. 12-2018 - 12-2019 DIRECTOR - OPERATIONS, PORT ROYAL OCEAN RESORT • Budget preparation and cost analysis reporting • Lead teams in high profile and volume events • Achieve high guest satisfaction during peak/non-peak seasons • Responsible for operations within the Food and Beverage and Guest Services Departments • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms • Directed and developed a staff of 2 managers, 3 supervisors, 12 FOH employees, and 35 seasonal student associates to achieve the organization's vision. 06-2017 - 12-2018 FOOD AND BEVERAGE MANAGER, PORT ROYAL OCEAN RESORT • Assisted in hiring and training of F&B employees for all levels including hourly and leadership positions. • Prepare annual and monthly budgets, cost analysis, employee performance reviews, and additional quarterly and weekly department progress reports. • Oversee administrative tasks, including reporting, training, equipment and food ordering, maintenance, and other needs as they arise. • Responsible for directing all aspects of catered events including menu development, contracts, and vendor relations. • Interact daily with hotel and dining guests to promote brand and accept feedback. • Maintain communication with management staff of hotel and operation directors. • Reduce food, liquor and supply cost significantly and maintained a consistent 28% food cost and 16% liquor cost, by implementing policies and inventory control. • Through cross training, integrated personnel to maximize efficiencies and maintained low employee turnover. • Created detailed events for groups (Banquet Event Order) 07-2016 - 06-2017 FOOD & BEVERAGE SUPERVISOR, PORT ROYAL OCEAN RESORT • Managed staff of up to 30 service and kitchen, including hiring, training, and scheduling • Responsible for assisting in all aspects of catered events including menu 2 BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 361-585-9977 development, contracts, and vendor relations • Responded to sales and catering inquiries, scheduled site tours and met with potential clients to educate and sell them on the services that the hotel offers. • Coordinated with the catering and banquet staff to ensure the efficient execution of all events. • Hire, train, schedule catering staff, and actively involved with labor cost control, food cost control, and preparation, transportation, setup, operation and break-down of all events. 3 CITY OF CORPUS CHRISTI Submit Date: Jul 31, 2020 Application for a City Board, Commission, Committee or Corporation Profile Lance N Hancock First Name Miaale Initial Last Name Email Address 4005 Ridge Trail Street Address Robstown TX 78380 rdy State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes (-. No Mobile: (832) 205-4482 Business: (361) 221-0828 Pr,mary Phone Alternate Phcne General Manager Retail King Ranch Operations Emolo'ver Job Title Work Address - Street Address and Suite Number 201 E. Kleberg St Work Address - City Kingsville Work Address - State Tx Work Address - Zip Code 78363 Work Phone 3612210828 I nnnn r\1 Wnnrnrls Dnnin 1 of G Work E-mail address Ihancock@king-ranch.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently the Chairman of the Hotel Occupancy Tax and Visitor board in Kingsville Texas. I will only be serving on that board through one more meeting and then will be replaced by one of my manager's that works for me. Education, Professional and/or Community Activity (Present) I have a BBA in Accounting from Sam Houston State University and I also have my MBA with a specialization in Accounting from Sam Houston State University. I participate in several events through Robstown Hardware and the other business I manage as it relates to community involvement. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in the Visit Corpus Christi Board. Why are you interested in serving on a City board, commission or committee? I work very closely with Visit Corpus Christi on a number of projects and feel I can be a valuable asset as the city continues to grow the outreach of the Coastal Bend. I am very well versed in tourism and retail as I manage both on a daily basis. Are you an ex-Officio member of a City Board, commission or committee? c Yes r• No I nnrn ISI WnnrnrL- Dnrun 7 of 1:� 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 W 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 Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) nnro IV Wnnrrnrle Dnrvo 2 of Oueston 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? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree I nnno fel Wnnrnnl- Dnrvo A of 1� 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I nnr n IV Wnnrnrls Darin G� of LANCE HANC OCK 4005 Ridge Trail Robstown,TX 78380 832.205.4482 - - PROFESSIONAL EXPERIENCE King Ranch, Inc., Kingsville, TX 2016- Present General Manager Retail Operations • Responsible for the retail operations of King Ranch which include the King Ranch Saddle Shop, Robstown Hardware Co., King Ranch Visitor Center, King Ranch Museum, and co-branding relationships with Ford, Lucchese, Textron, and others. • Manage multiple store front locations, e-commerce websites, social media platforms, email marketing and overall marketing budgets. • Manage and supervise 100+ employees across agriculture, high end luxury retail goods, and visitor experience industries. • Report directly to CEO and Board of Director's for King Ranch, Inc. • Responsible for the strategic plans of retail operations and communication of these plans to executive management and board. • Currently managing three different construction projects for retail operations. • Interact with a wide array of community leaders at both the city and county levels. • Responsible for all social media and marketing efforts of every retail operations plus the corporate King Ranch social media accounts. King Ranch, Inc.. Houston, TX 2012- 2016 Assistant Corporate Controller/Retail Controller • Responsible for the monthly and quarterly corporate accounting including consolidation and elimination,journal entries, as well as financial schedules, narratives, and variance analysis. • Manage the accounts payable, accounts receivable, and fixed asset departments of the Company. • Responsible for accounting of mineral interests on the Ranch (approx. 450 operating wells). • Prepared corporate and mineral budget every year. Also consolidated business segment budgets and was involved in executive budgeting process with the various business segments. • Managed both internal and external auditors during the year. Prepared the annual report including financial disclosures and concept layouts. • Prepared all Board of Director's presentations quarterly, consolidated and formatted presentations for the annual stockholders forum for the Company. Involved in meetings to discuss theme of Board meetings and direction of annual stockholder meeting. • Involved in strategic planning meetings within the Company throughout the year. Also have been a presenter to stockholders of the Company. • Involved in risk management for the Company including the annual renewal program with our insurance broker, including several presentations to underwriters. • Work on several special projects within various segments of the Company including our retail, cattle, and pecan operations. Able to manage several different projects while also handling day to day duties of the corporate accounting office. Lance Hancock • Page 2 •. • Have been involved in due diligence for acquisitions of the Company. • Highly motivated and have been commended on the work I have performed within the Company including performance evaluations from upper management. • Performed an ERP implementation of NetSuite for one of our Retail operations. Ernst & Young. LLP, Houston, TX 2008- 2012 Audit Senior • Organize, execute, and supervise Integrated Audit Procedures for Fortune 500 companies, for Sarbanes-Oxley 404 Compliant Public Companies, and for private companies with revenues ranging from$4 million to $38 billion. • Perform manager duties on the Hess Corporation E&P audit as an experienced senior auditor. • Supervise and train junior staff and seniors. Directly manage people throughout numerous engagements, including Hess Corporation, Legend Natural Gas, and WildHorse Resources. • Consistently exceeded expectations on performance evaluations for both quality of work and people interaction. Performed senior duties as a staff, and manager duties as a senior. • Excellent client relations. • Lead budget discussions with senior management and the client. • Diverse audit experience including Oil &Gas, Manufacturing, and Food Services. • Experience with start-up companies with large growth through acquisitions and private equity firms. • Lead two engagements on first year audit clients with plans for IPO's in the near future. Helped implement 404 compliance, set accounting policies, format and draft SEC financial statements. EDUCATION/HONORS MBA, emphasis in Accounting, Sam Houston State University, Huntsville, TX, 2008 (3.50 GPA) BBA—Accounting, Sam Houston State University, Huntsville,TX, 2007 (3.10 GPA) Southland All Conference Football Player(Junior& Senior Year) Academic All Conference Football Player(Freshman-Senior Year) Dean's List, (Fall 2005) SKILLS Windows XP, Microsoft Office, Quickbooks, Ernst&Young, LLP proprietary auditing software, Infinium A/S 400, NetSuite, JD Edwards CITY OF CORPUS CHRISTI Submit Date:Jul 16, 2020 Application for a City Board, Commission, Committee or Corporation Profile Mourad Hasbaoui First Name Last Name Email Address 4642 Ramona Dr Street Address Corpus Christi TX 78416 State Fo,.al cede What district do you live in? W District 3 Current resident of the city? rYes (- No If yes, how many years? 14 years Mobile: (361) 429-3170 Mobile: (361) 429-3170 Pemar'*,?hone Aitemate Phcne AutoNation Chevrolet North Corpus Christi Service Coordinator Emplover Job Tstle Work Address - Street Address and Suite Number 2118 South Padre Island Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78416 hAr irnrJ Wnch�nr ii Minna 1 of E� Work Phone 361-884-5234 Work E-mail address hasbaouim@autonation.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r Yes (- 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) Member of Board of Directors of World Affairs Council of South Texas If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have been living in Corpus Christi for almost 14 years. I love this city because it made me feel so welcome and also it shaped my personality. I want to give back to the city and the community . Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KAr irnrl Wnchnni d Dano ) of G 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? rYes rNo Demographics Gender W 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 (-. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r• Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NQ" to all questions above, please enter N/A. . N/A Board-specific questions (if applicable) AAni irnrl Wnchnni d Dano Q of Question applies to CORPUS CHRISTI CONVENTION h VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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 (- 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 (- 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. W I Agree AAni irnrl Wnchnni ii Dorm A of � City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KArmrnrl Wnchnni ii Dario 1; of 1� Mourad Hasbaoui 4642 Ramona Dr. Corpus Christi, TX 78416 (361) 429-3170 PROFILE I am a multi-faceted, efficient, reliable administrative professional with 9+ years of experience supporting executives, sales and management for the improvement of internal operations for a national business. EXPERIENCE Conn's Home Plus; Corpus Christi, TX. Sale Associate August 2008 -September 2015 Provided face to face assistance to customers through the buying process that includes merchandise selection, payment and finance options. • Make telephone calls to existing and potential customers to generate business Ability to assist with merchandizing and store product set-up. Conn's Home Plus; Corpus Christi, TX. Assistant Manager of Sales—September 2015—December 2017 • I managed 50+ employees with relation to monitoring of all sales productivity and profitability. • Assist with internal problem solving and assisted sales staff with any high-level customer services issues. • Managed company merchandising and product inventory oversight to maximize corporate revenue. • I assisted with hiring and placement of adequately skilled sales associates. • Trained staff in all functions related to customer service, retail sales aspects for increased company profits, implementation of company policy and procedures. • Assisted low performing sales staff with skills development and performance improvement strategies. • Assisted executive leadership team with establishing creative strategies for optimizing internal operations, financial returns, external customer services and output. AutoNation Chevrolet North Corpus Christi Sale Consultant - December 2017- December 2018 • Providing an exceptional service throughout the customer's entire purchase process. • Effectively communicate with customers in person, over phone or e mail to discover customer's needs. • Listening to the customer and providing a consultative approach to help with the completion of the process. • Make sure all the steps of the process (appraisal drive and presentation of the vehicle) go smooth Service Coordinator- December 2018- Present • Working with sale associates, sale managers, service advisors and financial manager to provide a professional customers service and support the Company's vision and mission. • Driving business via level of an engagement with customers • Working closely with management to identify current promotion, inventory needs and communicate those promotion to customers. EDUCATION Del Mar College, Corpus Christi, TX • Political Science Associate Degree Fall 2019 • Criminal Justice Associate Degree Fall 2019 • Bachelor of Science: Register for Fast Track Spring 2020 at University of Houston-Victoria majoring in Political Science with concentration in Pre-Law SKILLS • Have excellent customer service and communication skills. • Maintained excellent profits and was able to manage the decrease in corporate financial • Exceptional team worker attitude and maintained good working relationship with all staff. • Keen understanding of the Middle East and the Muslim world • Strong proficiency in knowledge of current domestic and foreign policy of Arab countries • Deep comprehension of the Arab- Israeli conflict. Languages • Arabic- Modern Standard • Arabic-Moroccan • Arabic-Egyptian • Arabic- Levantine • French • English Groups and Nonprofit Organizations • Moroccan Center for Intellectual Development • Member of the board directors of the World Affairs Council of South Texas • Student Government Association at Delmar College • American Political Science Association CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2020 Application for a City Board, Commission, Committee or Corporation Profile Paul E Hatridge First Name Middle Initial Last Name Email Address 6026 Lost Creek Dr. Street Address Corpus Christi TX 78413 City state Fs,,al erode What district do you live in? W District 5 Current resident of the city? t-- Yes (- No If yes, how many years? 52 Mobile: (361) 563-6287 Business: (361) 993-7258 "imary Phcne Alternate ahcr..e SaltWater Grill Owner Employe! Joo TI?ie Work Address - Street Address and Suite Number 2401 Cimarron Blvd #101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Dnt d G Wntririno Dano 1 of 1:� Work Phone 3619937258 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r 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, Marketing/Management, Corpus Christi State University Why are you interested in serving on a City board, commission or committee? I have worked in the Restaurant business as an employee and as an owner most of my adult life. I would be honored to serve on this board to help promote the growth of the hospitality industry in Corpus Christi. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Dni d G Wntririno Dnno ) of 1; Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Quesror 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? W Restaurant Industry Dni d D Wntririno Dano Q of Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information 1 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. 1 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. 1 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. 1 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. W I Agree Dni d G WntrArvo Dano A of 1; Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Doi it G Wntridno Dona F, of F, CITY OF CORPUS CHRISTI Submit Date:Apr 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Scott A Lawson First Name Middle Initial Last Name Email Address 3913 Priscilla Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? V District 5 Current resident of the city? ------------- r Yes r No If yes, how many years? 5 Mobile: (417) 437-9997 Mobile: (417) 439-1392 Primary Phone Alternate Phone Work Address-Street Address and Suite Number 3913 Priscilla Dr Work Address-City Corpus Work Address-State TX Work Address-Zip Code 78414 Work Phone 4174379997 Crntt A I ntnrenn Dnnm 1 of 7 Work E-mail address scottallenlawson@gmail.com Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL& PREVENTION DISTRICT:Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted SISTER CITY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted STREET MAINTENANCE FEE BOARD OF APPEALS: Submitted FLOOD HAZARD MITIGATION INFORMATION COMMITTEE: Submitted REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted SENIOR CORPS ADVISORY COMMITTEE: Submitted CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No 'I-ntt A I nMenn Darin ') of 7 Education, Professional and/or Community Activity(Present) Retired Manufacturing Manager,former United Way county chair, State Manufacturers council president, quality awards foundation auditor using Baldric Award criteria, Batchelor of Business Administration, Mini- MBA Why are you interested in serving on a City board, commission or committee? Apply knowledge and experience to helping city and community Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r Yes r No Demographics Gender V 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Crntt A I n1nicnn Dant Z of 7 Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes P No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? fJ Architecture Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? fJ Building Materials Dealer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Architect W Engineer 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? PJ None of the above Ci-ntt A I niAicnn Dorm A of 7 Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? V None of the above Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? W At Large Representative who is a City Resident Question applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Architect PF Structural or Civil Engineer Pr At-Large Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? Pr None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore& Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? Pr Engineer 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 Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r Yes r No Question applies to FLOOD HAZARD MITIGATION INFORMATION COMMITTEE The Flood Hazard Mitigation Information Committee must include a representative from certain categories. Do you qualify for any of the following? rJ None of the above Crrntt A I M%Aicnn Dano t1 of 7 Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD Are you 18 year or older? r Yes r No Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4(North Beach)Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? r Yes r No Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? P At Large Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory &Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? rJ Engineer or Architect 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. Pr 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. Pr I Agree Crntt 0 I nlAtcnn Dano CZ of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Gantt A I n1n1cnn Dnrin 7 r%f 7 Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi,TX 78414—417.437.9997 linkedin.com/in/scottallenlawson/ Professional Experience Horton Automatics Corpus Christi,TX 2016-2020 Product Manager, Revolving Doors, Security Products ■ Manage Revolving Door& Security product lines ■ Develop new products Ergon Consulting Grove and Owasso, OK 2015-2016 Consultant/Problem Solving ■ Aerospace manufacturing and machining emphasis,AS9100 certification ■ A3 Facilitation,Acting Safety Coordinator,Team Building, Employee Involvement CST Storage Parsons,KS 2013-2015 Plant Manager ■ P&L for$67 million annual budget, ISO 9001 certified, 6 years with no lost time injury ■ Managed Production, Maintenance, Purchasing, Production Control and Scheduling Knapheide Truck Kansas City,MO 2012-2013 General Manager ■ Responsible for P&L, policy, personnel, budget, customer relations, Sales and Production ■ Directed all functional departments, truck pool and inventory, ISO 9001:2008 certified Newell Coach Miami, OK 2002-2012 Vice PresidentlManu factoring ■ Led manufacture of custom motor coaches with 208 employees in 15 departments ■ Negotiated several Collective Bargaining Agreements ■ Directed Safety, Quality, Production, Scheduling, Procurement, Service and Maintenance ■ Managed 16 acre facility, 130,000 square feet under roof seven-figure materials inventory, eight-figure work in process and eight-figure finished goods inventory Newell Coach 1996-2002 Plant Manager ■ Implemented lean manufacturing, oversaw Six Sigma Black Belt projects ■ Built effective team through hiring and coaching Newell Coach 1992-1996 Special Projects Manager ■ Developed Special Projects program ■ Customers'request/need fulfillment, Production Liaison Newell Coach 1990-1992 Quality Manager ■ Implemented quality system and processes ■ Affected improved product quality and customer satisfaction Newell Coach 1982-1992 Designer and Engineer ■ Designed over 600 unique motor coaches ■ Built relationships with customer, peers and suppliers 1 Page Scott A. Lawson 3913 Priscilla Dr -Corpus Christi TX 78414-417.437.9997iopokemmoKwwlinkedin.com/in/scottallenlawson/ 2 1 Page Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi TX 78414—417.437.999 —_linkedin conVin/scottallenlawson/ Previous Experience ■ Engineering roles with Titan Rig(mobile oil rigs), Funk Manufacturing(now John Deere)and Ajax-Atlas (structural steel buildings) Highlights ■ Exemplary integrity ■ Mentor to middle managers, resulting in much higher performance ■ Oversaw multiple locations, shifts and departments simultaneously ■ Implement/foster lean manufacturing using 5S, Six Sigma and SPC methodology ■ Chairman of the Board of Directors of the esteemed Oklahoma Manufacturing Alliance ■ President of Grand Lake Manufacturers'Council ■ Team Leader for the Oklahoma Quality Award Foundation ■ Influence many companies through lean, ISO, Baldrige Award criteria and Six Sigma ■ OSHA 10 Certification Skills ■ Lean Manufacturing,team building and employee empowerment ■ Human Resources leadership and staff development ■ Customer/vendor relationships and partnerships ■ Contract negotiations (union, vendor, supplier and customer) Core Accomplishments ■ State record for longest running SHARP safety award ■ Doubled revenue, increased capacity, reduced costs through lean transformation ■ Increased annual profits by 150%through continuous improvement processes ■ Reduced employee turnover to under 5%per year ■ Improved safety from 16 accidents at$500,000 per year to 4 accidents at$50,000 ■ Coached middle managers to higher efficiency and success ■ Improved workplace morale through various employee involvement initiatives ■ Applied visual workplace techniques and posted measurable metrics ■ Raised workplace organization, neatness and cleanliness through 5S programs ■ Reduced foot travel by many miles through pull systems ■ Decreased production line work station count, saving considerable WIP and space ■ Created kanban systems and 2-tiered racking to improve inventory management Education 3 1 Page Pitt State University Pittsburg,KS 1994 Bachelor of Business Administration, with honors ■ Summa Cum Laude (4.0 GPA) ■ Member, Delta Mu Delta and Phi Kappa Phi The University of Tulsa Tulsa, OK 2000 Mini MBA, ■ College of Business Administration ■ Center for Excellence and Professional Development Texas A&M Corpus Christi,TX 2016 Six Sigma Black Belt CITY OF CORPUS CHRISTI Submit Date:Jul 25, 2020 Application for a City Board, Commission, Committee or Corporation Profile Linda Lindsey First Name Last Name Email Address 3002 CEDAR SPRINGS RD. Street Adcress CORPUS CHRISTI TX 78414 City Sta,e P-stal Code What district do you live in? W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 17 Mobile: (830) 591-8212 Home: (830) 591-8212 P'nary Pnere _ Altemate Phcne A&M Supervisor of Student Teaching Embover Jccqle- Work Address - Street Address and Suite Number A&M Kingsville Work Address - City Corpus Christi area Work Address - State Texas Work Phone 8302795099 inrin I inricoxi Work E-mail address Linda.lindsey@houstonisd.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes (- 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) RETIRED TEACHER/COACH (33 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONAL ADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE"THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT. HUSBAND IS RETIRED MILITARY CURRENTLY WORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Island Stategic Action CC Visitor/Tourism Why are you interested in serving on a City board, commission or committee? As a Ling time educator/coach , I have seen first hand the importance of a positive, vibrant community. 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 (- No inrin I inricaw Demographics Ethnicity J Caucasian/Non-Hispanic Gender W 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 Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. I do not have any of these connections. Board-specific questions (if applicable) I infin I inflcoxi 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? W Hotel Industry Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? * • Residential Property Owner (Who owns property and resides on Mustang or Padre Island) • At Large Representative who is a City Resident Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree inrl!n I inricaw 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree inrin I inrlcnx/ CITY OF CORPUS CHRISTI Submit Date: Aug 03, 2020 Application for a City Board, Commission, Committee or Corporation Profile Sara Sells Morgan First Nate Middle Initial Last Name Email Address 311 Bayshore Drive Street Adaress Corpus Christi TX 78412 City State Pascal Code What district do you live in? W District 4 Current resident of the city? (-. Yes (- No If yes, how many years? 29 Business: (361) 825-3507 Mobile: (361) 960-1831 P^.nary P-^one Alternate Phone Art Museum of South Texas Director molover job ''tle Work Address - Street Address and Suite Number 1902 N. Shoreline Blvd. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Cara Collc Ur%rrvan DnrYo 1 of ll� Work Phone 361/825-3507 Work E-mail address sara.morgan@tamucc.edu Preferred Mailing Address W Work Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am not serving on any City boards, commissions or committees at this time. Education, Professional and/or Community Activity (Present) Post Graduate Certificate in Museum Leadership, Getty Leadership Institute, Claremont Graduate University, 2016 Bachelor of Arts in Art History, University of California-Santa Barbara, 1986 1 have served on or worked with the following boards: CASA, Kappa Alpha Theta, Church of the Good Shepherd, Ronald McDonald House, Charity League, Trustee of the Art Museum of South Texas, Coastal Bend A.I.D.S. Foundation Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Convention and Visitors Board in order to promote tourism activities available in the Corpus Christi area that bring visitors to our region. Tourism growth translates to increased economic opportunities for our community. Are you an ex-Officio member of a City Board, commission or committee? r Yes r: No Cern Collc hAnrrrnn Dano 7 of r; 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 W 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 (.- No 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? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "N4" to all questions above, please enter N/A. No response necessary since I answered "no"to the above questions. Board-specific questions (if applicable) Carrs Collc KAnrrran Dano 2 of Question applies to,ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Visual Arts (painting, sculpture, arts media) • Public Art/Public Space Questson 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? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Coro Qnllc AAnrnnn Dano n of 1; City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Cnrn Collc AAnrnnn Dano C� of SARA SELLS MORGAN 361.825.3507 • sara.morgan@tamucc.edu PROFESSIONAL SUMMARY Experienced museum professional with a demonstrated history of working in the fine art industry. Skilled in non- profit organizations, contemporary art, museums, event planning, and arts administration. Proactive and curious mindset. Prevent issues with creative, hands-on solutions built on deep understanding of successful business practices. Bachelor's degree focused in Art History, Criticism and Conservation from University of California, Santa Barbara with a post-graduate certificate in Museum Leadership from Getty Leadership Institute, Claremont Graduate University, Claremont, California. WORK HISTORY ART MUSEUM OF SOUTH TEXAS - CORPUS CHRISTI,TEXAS Director, December 2020 to current Interim Director,June to December 2019 Assistant Director, August 2013 to June 2019 - Responsible for all operations of Art Museum of South Texas as Interim Director. - Manage day-to-day business operations and make strategic decisions. - Attend events to develop professional network of potential donors. - Cultivate donors and solicit gifts. - Plan and organize special events, solicit private and corporate sponsorships to reach financial targets. - Work with Curatorial Department on temporary exhibitions and Permanent Collection. - Project management for exhibitions and programs. - Served as representative for AMST with professional, business and civic groups, community organizations and individuals. - Oversee financial records -track, monitor, submit and approve documents for departmental budget. - Assist with government and grant reporting. - Train and mentor new employees on industry practices and business operations. - Direct impactful social media presence, offering content relating to fundraising campaigns and organizational objectives. - Coordinate Board of Trustee meetings. - Assist as staff liaison to Board and represent staff on various Board Committees. - Oversee taxes, invoices and donor related reports. - Review and prepare monthly financial reports for management and Board. - Provide information and schedules for audits. - Provide information and financial data for Finance Committee. - Supervise and coordinate general office, facility and gift shop operations. - Assist with project management on various projects. - Serve as staff liaison to TAMU-CC in areas of Finance and Administration, providing reports and information as requesting. - Complete performance evaluations of six direct report staff and maintain personnel records for all staff according to TAMU-CC rules and regulations. TEXAS A&M UNIVERSITY-CORPUS CHRISTI - CORPUS CHRISTI,TEXAS Stewardship Coordinator, 2009-2013 - Planned and executed all donor recognition and stewardship efforts for Institutional Advancement. - Coordinated all aspects of Distinguished Speaker Series, President's Council Art Competition, President's Mardi Gras Ball and other community events. - Prepared department and event budgets. - Prepared and reviewed annual departmental and event reporting. - Prepared and monitored donor appeals. - Supervised Event Coordinating staff. - Advisor for the Student Foundation Association. MORGAN FINANCIAL SERVICES -CORPUS CHRISTI,TEXAS Owner/Manager, 2001-2009 - Maintained high standards of quality through continuous reviews of products and service. - Developed and executed marketing programs and general business solutions resulting in increased company exposure, customer traffic, and sales. ART MUSEUM OF SOUTH TEXAS- CORPUS CHRISTI,TEXAS Event Coordinator, 1990-1992 - Managed administrative logistics of events planning, including contract signing, fee collection, event booking and event promotions. - Evaluated existing plans, processes and events planning services to identify opportunities for improvement. JAMES GALLERY- HOUSTON,TEXAS Art Consultant, 1989-1990 - Served as Art Consultant for U.S.A.A. National Headquarters in San Antonio. Purchased art for the Executive Offices, Executive Dining Room and common areas. - Supervised commissioned purchases and installations for public works. L.A. LOUVER GALLERY-VENICE, CALIFORNIA Gallery Assistant, 1987-1989 - Art Sales and assist with installation of exhibitions. - Coordination of gallery events and openings. ROGOW AND BERNSTEIN - LOS ANGELES, CALIFORNIA Project Manager, 1986-1987 - Worked closely with design staff and museums to coordinate the execution and installation of museum exhibits. EDUCATION Post Graduate Certificate in Museum Leadership, 2016 Getty Leadership Institute - Claremont Graduate University—Claremont, California B.A. Art History, 1986 University of California -Santa Barbara - Santa Barbara, California PROFESSIONAL AFFILIATIONS Texans for the Arts, Board of Directors American Alliance of Museums Association of Academic Museums and Galleries Mountain-Plains Museum Association Texas Association of Museums Downtown Management District Merchants Association CITY OF CORPUS CHRISTI Submit Date: Mar 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ramon J. Pineda Prefix First Name Middle Initial !Last Name Email Address 301 Artesian Street Address corpus Christi TX 78401 City J fi'.E Posial Code What district do you live in? *, W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 1 Mobile: (201) 696-7463 Business: (361) 886-6111 Primary Phone Altemate Phone Scripps Media General Manager Employer Jou 'tie Work Address - Street Address and Suite Number 301 Artesia Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 AAr Dmm�n 1 Dinnrin Dnrvr' 1 of C� Work Phone 361 8666111 Work E-mail address ramon.pineda@kristv.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: 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: No Education, Professional and/or Community Activity (Present) Board Member Coastal Bend Food Bank Why are you interested in serving on a City board, commission or committee? Be able to contribute tot he growth of Corpus City and utilize Broadcast stations to serve the community when possible. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest AAr Dmmnn 1 Dinorin Dario 7 of 1; Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Quastrn 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? " W None of the above KAr Dmmr%n 1 Dinorin Dano 2 of F, Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree KAr Dmmnn 1 Dinorin Dnnn A of G� Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr Dmmnn 1 Dinorin of CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Carol Rehtmeyer First Name _ast Name Email Address 3304 Floyd Street Street Address Corpus Christi TX 78411 �,t}' State FGstai�ode What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 7 Mobile: (630) 287-0900 Business: (361) 826-4654 P-mary Pa0n.e Alterste Phone Friends of the CC Museum Pres/CEO E.m GIUYer J0a-'de Work Address - Street Address and Suite Number 1900 N CHAPARRAL ST Work Address - City Corpus Christi Work Address - State TX Work Phone 3618264654 ('arnl Dnhtmoxior Dano 1 of C� Work E-mail address carolr@ccmuseum.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: 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: None Education, Professional and/or Community Activity (Present) I am a strong community activist with interest in improving the quality of life for Corpus Christi. I currently serve the following boards: President, CBI Sisterhood; Board of Directors, Congregation Beth Israel; Board of Directors, Corpus Christi Ballet; Advisory Board, Botanical Gardens;Advisory Board, Corpus Christi Symphony, Committee- Pops in the Park; Advisory board, Bailando Festival. In coordination with the Ed Rachal Foundation, I assist various not-for-profits that have included the USO NAS, Foster Angels, Botanical Gardens, 3rd Coast Airforce Squadron. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in serving on the CVB board. I also have interest in the Type A Board. Why are you interested in serving on a City board, commission or committee? seek to offer a broadened vision for improving tourism and retention of visitors in Corpus Christi that goes beyond special events. I am strong at organizational development, increasing visitation and encouraging organizations to collaborate for improved value, sustainability and community engagement. My interest is to improve the quality of life for our community while improving the value we offer to attract corporations, skilled and executive management as well as tourism. While programming and events will bring spurts of attention to our city, long term growth and sustainable value in our community can be achieved through greater focus on our visitor worthy attractions and greater collaborations. I would love to have the opportunity to assist in this effort. ('�rnl Dohtmo�ior Dano of G Are you an ex-Officio member of a City Board, commission or committee? r Yes r• 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? r Yes r No Demographics Gender W 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 (.- No 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? (-. Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer "NO" to all questions above, please enter N/A. I work for the Friends of the CC Museum who have a contract with the city for the management of the CC Museum of Science & History. ('nrnl Dnhtmoxior Dnno Z of r, Board-specific questions (if applicable) Ouesi,on applies[o 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? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree r'ornl Dohtmoxior Dnno n of r� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r`nrnl Diahtmdnwar Dino of Carol Rehtmeyer Addressss '13o4 Flovd `ginyet, (:,: -341 t NIL-SEL-NI CEO & EXECI.`TIVE DIRECTOR Corporate Strategy, Community Engagement, Business and Financial Development EXPERIENCE CORPLS CHRISTI NICSELNI OF SCIENCE AND HISTORY Corpus Christi,Texas President& CEO 10/2018—present • Upon community request,returned to this museum following its 9-month closure,to reposition the museum for not-for- profit management o Developed board,bylaws,and new management structure o Responsible for$2.1M budget, strategic direction,operation,development, and sustainability of the museum o In first 6 months, raised over$350k for museum improvements and additions o Recorded record attendance levels pre COVID-19 o Managed organization through COVID-19 for successful return o Raised$1M during pandemic for museum sustainability and growth o Established online educational streaming programming o Opened 5 new exhibits with 3 more in development for late 2020 opening ED R-a C H.1 L FO l N D A.T I ON Corpus Christi,Texas Contract CEO for Not-for-profit Organizations 2016-2018 • Provided management and development services to not-for-profit organizations o Served as Interim CEO and Development Officer to successfully re-establish a failing United Service Organization(USO)onboard the Naval Air Station through financial management,programming, and fund development o Created a five-year strategic plan for the South Texas Botanical Gardens to develop multiple revenue streams, raising$500k for implementation of a new garden entrance and Garden Express passenger train o Provided long term planning and development for: Corpus Christi Symphony, Corpus Christi Ballet, CBI Sisterhood and Foster Angels of South Texas,raising over$2M collectively for the organizations CORPLS CHRISTI N11,SEL NI OF SCIENCE k N D HIST0RN Corpus Christi,Texas Executive Director 2012-2016 • Developed new vision for the nearly 60-year-old museum for a successful turn-around in 18 months o Responsible for the strategic direction and operation of the 100,000 SF facility o Managed a$1.5M budget and 34 employees o Increased attendance by 400%in 2.5 years under my tenure o Tripled net revenue in 2 years o Updated museum look, logos, imagery,and exhibits o Improved gift shop,generating over$100k in annual sales o Established and managed marketing,promotion,revised web presence from 3k likes to over 44k followers o Designed,developed, and gained funding for 5000 sf$3M Children's Science Center o Created and funded an outdoor playground and music garden,valued over$50k o Developed and produced science camps providing approximately$250k in annual funding o Obtained$70k in camp scholarship each year and over$l Ok in funding for at risk youth programming o Developed approximately 100 successful, educational and community events SCII'ECFI NIL'SEL-NI Aurora,Illinois Executive Director 2010-2012 • Created a successful turn-around for a science and physics museum o Responsible for staffing and organizational structure of the 90,000 SF center o Implementation of programming,membership,fundraising,grant, and board development o Developed and implemented multiple revenue streams including the addition of a cafe, SciTech Discovery Preschool, an exhibit licensing division, and the creation of SciTech Theatre, increasing revenue by 260%, improving membership by 525%and general attendance by 300% R E H T N I E Y E R INC. Aurora,Illinois/Shanghai China President, Founder 2002-2012 • Founded$6M international organization with 21 employees specializing in product development, manufacturing,and licensing in the toy industry. TON NND GAME INDI'STRY FOUND.XTION Naperville, Illinois/Las Vegas Nevada Founder and CEO 1996-2009 • Established and managed a highly regarded, annual educational 3-day symposium,conference,and trade show for the toy industry with an annual speaking faculty of over forty executive-level leaders from high-profile toy companies, and retailers around the world. I2 D 1_ C O. I N C. Naperville, Illinois President 1989-2002 • Led a multi-million-dollar consumer product development think tank and licensing company that serviced major toy and entertainment companies including: National Geographic Society,Blockbuster Inc.,Tyco Toys, Parker Brothers,Hasbro,Mattel,Fisher-Price,Pressman Toy,Brach Candy and Mega Brands. --EDUCATION-- -:,- —-_--- BFA INDI'STRIAL DESIGN, 1984 University of Illinois,Champaign Illinois Top 100 graduate honor award PROGRAMS, BO.kRDS & ASSOCIATIONS President, CBI Sisterhood 2019-present Board of Directors, Bailando Festival 2017-present Board of Directors, Congregation Beth Israel 2017-present Board of Directors,Corpus Christi Ballet 2014-present Advisory Board,The Art Museum of South Texas 2013-present Advisory Board,South Texas Botanical Gardens and Nature Center 2014-present Member, Leadership Texas Women 2016 Member, Leadership Corpus Christi,class 42,2013 Licensing and Product Development Advisor,National Geographic, and Fisher Price 2002-2012 Board of Directors, SciTech Museum 2008-2010 Founder and President,Chicago Chapter Women in Toys 1998-2002 __. -- _--- - - -- --AWARDS AND HONORS 2014 & 2015 CORP IS CHRISTI C.ULER TIMES Alt S E t NI -BEST OF IHE BEST" 2001 NA ONIL IN I M S \_aTION AL VSSOCI_k E10\ -\\ 0vIE'N TO \\,al'CH" :003 N kTION k aSSOC[,r MON OF kN O\IEN BI SINESS M\\ERS B01 \1 Bt JINEsS OtiN\E OF THE EAR" 2000 Bt ,I\1:SS LEDC;ER ­1NFI-CEN I-LkI \\ ONIEV" 1\ BCS[NFSS" -k" NRD 2000 \ \PER\ ILI_E C Ha\IBER OF C()yI\IF.RCE -rF( 1{N()LOG1 BI �I\ESS OF THF \ E \R" 0t,.1RI) 1x99 Bt, S[NESN I El)(-;LR "E\CEI.I_E,('F IN BI SI\ISS" CITY OF CORPUS CHRISTI Submit Date:Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Melissa Rios First Name Last Name Email Address 2758 Wind Rock Dr. Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r Yes r No If yes, how many years? 35 Mobile: (210) 630-9296 Business: (361) 653-2270 __---. __---__ __. _ __. Primary Phone Alternate Phone Bonilla&Chapa___- _- Paralegal_ Employer Job Title Work Address-Street Address and Suite Number 2727 Morgan Ave. Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78405 AAcliccci Dinc Dnnc 1 of 1; Work Phone 361-881-1000 Work E-mail address melissa.rios@bonilla-chapalaw.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Not Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CRIME CONTROL& PREVENTION DISTRICT:Submitted HUMAN RELATIONS COMMISSION: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r 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) I have a Bachelors Degree in Applied Science specializing in Court Reporting but have been a paralegal for almost 16 years and in the legal field for 22 years. I am a member of the Corpus Christi Association of Legal Professionals and have served on the Board. I am a dancer for a non-profit Hispanic Arts Center and have also taught youth classes there. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Arts & Cultural Commission Crime Control & Prevention Why are you interested in serving on a City board, commission or committee? I would like to have a more active role in my community. I am very involved with the local arts. Upload a Resume Unliccn Dine Doan 0 of q Are you an ex-Officio member of a City Board, commission or committee? r Yes r 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? r Yes r No Demographics Gender Pr 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. If you answer"NO"to all questions above, please enter N/A. answered "No" on the question about my employer, but I'm not certain what contract my employer might have with the City, if anything. KAnliccm Rine Dorm 2 of G Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Visual Arts (painting, sculpture, arts media) Pr Public Art/Public Space Pr Youth/ Education Pr Higher Education W Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr Legal 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? Pr None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Coastal Bend Legal Services Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large nnolicea Linc Dnrvo /1 of � Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree 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 1 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. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree KAoliccn Dinc Dario 1; r%f r, MELISSA RIOS 2758 Wind Rock Dr. Corpus Christi,Texas 78410 210.630.9296 PROFESSIONAL SUMMARY Trial paralegal with 20 years of experience in litigation management achieving production, organizational, legal, and administrative results. Strong business judgment. Results driven. Diplomatic and tactful. Open to new ideas and solutions. Experience assisting, working up and preparing cases for trial. Assist attorneys in trial. KEY STRENGTHS • Research/Investigation • Case Management • Staff Development • Initial Intake/Assessment • Attention to Detail • Multi-tasking • Scheduling • Analysis/Problem Solving • Bilingual—Fluent Spanish and Fluent English PROFESSIONAL EXPERIENCE Paralegal —Bonilla & Chapa, P.C. Corpus Christi, Texas February 2020 to Present Manage attorneys' calendars, meetings, depositions, telephonic conferences, and hearings. Draft legal pleadings, motions and correspondence. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Paralegal —Huseman Law Firm, PLLC Corpus Christi, Texas May 2015 to February 2020 Manage legal services for partner Van Huseman. Manage attorneys' calendars, travel arrangements, meetings, depositions, telephonic conferences, and hearings. Draft legal pleadings, motions and correspondence. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Temp-Legal Assistant—Sterling Personnel (Assigned to Wood, Boykin & Wolter), Corpus Christi, Texas September 2014 through May 2015 Relocated from San Antonio to Corpus Christi in July of 2014. Legal Assistant-Hoblit Ferguson Darling, LLP, San Antonio, Texas August 2009 to March 2014 Managed legal services for partners, Mark Ralls and Stephen Darling, and three associate attorneys. Manage attorneys' calendars, travel arrangements, meetings, depositions, telephonic conferences, and hearings. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Legal Secretary—Donnell Abernethy&Kieschnick, P.C., Corpus Christi, Texas May 2007 to August 2009 Managed legal services for managing partner, William A. Abernethy and one associate attorney. Managed attorneys' schedule, travel arrangements, meetings, depositions and hearings. Managed discovery and document production. Processed billing invoices. Additional Professional Experience Legal Secretary—Upton, Mickits, Hardwick&Heymann March 2005 to May 2007 Legal Secretary/Receptionist—Meredith, Donnell&Abernethy November 1999 to March 2005 Professional Education - Associate's Degree—Court Reporting; Del Mar College, Corpus Christi, Texas; Graduation 2003 - Pursuing Paralegal Certificate;National Association of Legal Assistants(KALA) Professional Memberships - Corpus Christi Association of Legal Professionals (Board Member) - Alamo Area Paralegal Association - National Court Reporters Association Student Initiative References John Runde, Attorney Weisbart Springer Hayes LLP 212 Lavaca Street, Suite 200 Austin, Texas 78701 512.507.2241 jrunde(Z,wshllp.com Celia Garcia, Attorney Brock Person Guerra Reyna, P.C. 17339 Redland Road San Antonio, Texas 78247 210.979.0100 cgarciana,bpgrlaw.com Isabel Martinez, Office Manager Hoblit Darling Ralls Hernandez &Hudlow LLP 6243 IH 10 W, Suite 601 San Antonio, Texas 78201 210.224.9991 imartinez@hdr-law.com SISTER CITY COMMITTEE One(1)vacancy with term to 9-1-23. Duties The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor,the City Council,the City Manager and all other City agencies,boards and officials in accomplishing the purposes of the Sister City Program. Composition The Committee shall consist of nine(9)members who shall be appointed by the City Council and shall serve three-year terms.In addition,representatives from the following City departments shall serve as ex-officio,non-voting members of the steering committee:Mayor's Office,Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by majority vote ofthe Sister City Committee annually. If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as,in its judgment,will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee,its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee, members from the community at-large. Member Size Term Term Limit 9 3 6 Appointing Name District Term Appt.date End date Authority Position Status Jason Page District 4 1 1/14/2020 9/1/2020 City Council Not seeking reappointment Deacon Mark C Arnold District 4 1 9/18/2018 9/1/2021 City Council Active Melody H.Cooper District 3 1 11/7/2017 9/1/2021 City Council Chair Active Fernando Moral-Iglesias District 5 Partial 2/18/2020 9/1/2021 City Council Active Mr.Luis F Cabrera District 2 1 8/27/2019 9/1/2022 City Council Active Valerie Harbolovic District 4 lPartial 4/13/2021 9/1/2022 City Council Active Susane"westi"Horn District 5 1 8/27/2019 9/1/2022 City Council Active Almira Flores District 4 2 9/7/2017 9/1/2023 City Council Active Mirza Pearson District 3 1 4/13/2021 9/1/2023 City Council Active Mayor's Office Rep. N/A N/A N/A Ex-Officio,Non-voting Active Parks and Recreation Rep. N/A N/A N/A Ex-Officio,Non-voting JActive C.C.International Airport Rep. N/A I N/A I N/A I lEx-Officio,Non-voting JActive 5-11-2021 SISTER CITY COMMITTEE Applicants Name District Status Carmen Aguirre District 4 Applied Michael Crowley District 4 Applied Yan Yan He District 5 Applied Scott A Lawson District 5 Applied Pedro Oliva es I District 3 jApplied Terri Cissi Whipple I District 3 jApplied CITY OF CORPUS CHRISTI Submit Date: Jan 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ms. Carmen Aguirre I're ix 1-lrst Narne Last Name L 1,1,11 Addres 348 Palmetto St. Sueel A.nlrrs_, Corpus Christi TX 78412 i-it) State PUSt01 Code What district do you live in? " W District 4 Current resident of the city? c Yes c No If yes, how many years? 19 years Mobile: (361) 462-9851 Business: (361) 883-5155 Pnrnary f'nr3ne Alternate Phone Self Hair Salon Owner and Stylist Lmhl.tyrr Joh dle Work Address - Street Address and Suite Number 3765 S. Alameda Suite 1101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 KAc r-nrmon Arrt drro Dano 1 of F, Work Phone 361-883-5155 Work E-mail address aguirrecamille@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) High School. No other professional or community activities at this time. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A. Why are you interested in serving on a City board, commission or committee? I am originally from Mexico and am very interested in working with our Sister Cities in Mexico to strengthen our relationships with these Sister Cities. I am fluent in Spanish and believe this would be a great asset to the Committee Are you an ex-Officio member of a City Board, commission or committee? c Yes r. 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? r• Yes r No Demographics KAc (`armnn Arvi iirro Dano 7 of F, Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes (-. No Does your employer or your spouse's employer have a City contract? c Yes (-. 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? c Yes (-- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) hAc ('armon Armirro [Dnno of Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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 1 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. W I Agree AAc ('nrmon Arvi iirro Dorm A of Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAc (-nrmon Amiirro Dano 1; of r, CITY OF CORPUS CHRISTI Submit Date: Apr 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Michael Crowley irsl IVanu' Lasl Narne I:rnail Addr—S 402 Robert Drive ';Ire­l Aodro— Corpus Christi TX 78412 Olt, Stag 1'ua1a1 Crude What district do you live in? V District 4 Current resident of the city? c Yes r No If yes, how many years? 1 Home: (312) 597-0458 Home: (312) 597-0458 Pnrnary Phone Ahernete Phune US Navy Production Officer I mplo"-, Jub line Work Address - Street Address and Suite Number 8851 Ocean Drive Work Address - City Corpus Christi Work E-mail address michael.a.crowley2@navy.miI Preferred Mailing Address V Home/Primary Address AAirhnol C mXA119aW Dano 1 of A Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes c 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) Engineering/Energy Why are you interested in serving on a City board, commission or committee? I have recently lived in Japan and found out that the city I lived in is the sister city to Corpus Christi. Also, their 50 year anniversary is in 2022 and I would love to participate in it. Also, working as a utility and energy manager for a military base in Japan, allowed me to have contact and meet with multiple Japanese businessmen in the oil and gas business; most specifically Tokyo Gas. I believe there is great opportunity for the city of Corpus Christi to increase their business relationship with Japan and hopefully bring in some investor development. Upklad.'Iiosuni': Are you an ex-Officio member of a City Board, commission or committee? r Yes r• 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 Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest KAirhaal r`rnVnilo%i Dfanin of A Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? c Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? c Yes � No Does your employer or your spouse's employer have a City contract? c Yes (-- 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? c Yes c 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 r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) KAirhnol (`rrnn111aXr Dnrvo 2 of A 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 cornmission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. v I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Uirhnol (`rn%nilo%i Dario A of A Michael A. Crowley Phone:312-597-0458 Email: 16 YEARS EXPERIENCE IN TECHNICAL/ENGINEERING SYSTEMS RANGING FROM NAVAL AIRCRAFT, TO RAPID RAIL POWER DISTRIBUTION, TO UTILITY PRODUCTION AND DISTRIBUTION SYSTEMS AND FACILITY MAINTENANCE/OPERATIONS. EXCELLENT TEAM BUILDING SKILLS, TRAINING/MENTORSHIP,AND LEADERSHIP SKILLS. Quality Assurance Standards •Team Builder • Performance Evaluations • Logistics Management Time & Resource Management • Diverse Engineering Experience PROFESSIONAL EXPERIENCE U.S. NAVY, NAVFAC SE Jan2020 - Present Production Division Director, GS-1601-13, NAS Corpus Christi,Texas Leads and supervises 68 employees that is responsible for all trade skilled and in-house labor, utility production and distribution, and all transportation and heavy equipment needs for Naval Air Station Corpus Christi. Provides all products and services for CNIC (Commander, Naval Installations Command) and all tenant commands for NAS Corpus Christi. Treats and distributes over 1 million gallons per day of potable water, as well as 800,000 gallons of wastewater treatment per day to serve a population of 10,000 people. Manages the UP (Utilities Privatization) contract for NAS Corpus Christi's electrical distribution system which supplies 35 MW-hr of electrical power to the base 24/7. Manages and directs all in-house shop force labor, with 48 trades people ranging from electricians, HVAC techs, pipefitters, plumbers, carpenters, locksmiths to alarm/fire/inaintenance technicians. Ensures all scheduled work, to include preventative maintenance and projects, are in alliance with mission goals and budget. Advises senior management on all matters pertaining to core infrastructure, transportation, and mobilization of shop forces. Gives presentations on metrics and condition of readiness within core infrastructure of the installation. Manages utility project development, to include: specifications, CAD drawings, scopes of work, and independent government estimates. Develop apprenticeship and training programs for shop trades. Coordinate with the local community college to develop curriculum to aid in the"formal training" aspect of a formal apprenticeship. U.S. NAVY, NAVFAC FE Dec2017-Jan2020 Utilities Director, GS-1601-12, NAF Atsugi,Japan Responsible for military installation's entire core infrastructure, which is to include: electrical transformation and delivery (300MW-hr/day), steam generation (up to 2,OOOt/day), water treatment(1 million gallons/day) and wastewater treatment(800,000 gallons/day) and oversight of all supporting distribution infrastructure for all core operating systems. Reviews and interprets engineering plans and specifications, manages production processes that include planning, estimating, material procurement, scheduling, work execution, quality control and resource management required to ensure continuous operations. Subject Matter Expert of all commodities and all aspects of operations within Utilities and Energy Management. Advises upper management on all utility matters involving organization and operations, and potential/actual emergencies. Works with foremen and work management software systems (Maximo) to develop projects for long term planning and efficient operation of equipment and assets. Works with the Installation Energy Manager to determine any conservation and energy efficiencies within systems and implements such projects through energy funding streams. Also, coordinates with the energy manager on Energy Services Performance Contracts (ESPC) for the installation. Supervises 55 employees; to include host nation employees, and USCS personnel. Initiates and manages personnel recruitment, promotions, awards, budget, and workload, Serve as Navy Working Capital manager for UEM and is responsible for the overall planning and execution of a $57 million operating budget. Responsible for all utility funding programs, including SRM, CIP, MMRP, and J-FIP funding programming. Michael A. Crowley Phone:312-597-0458 Email: U.S. NAVY, NAVFAC FE Aug2015- Dec2017 Utilities Commodity Manager, CS-0301-12, NAF Atsugi,Japan Serves as Installation Utilities Commodity Manager for Naval Air Facility Atsugi, Japan. Primary responsibilities include management and oversight of the ODW (Overseas Drinking Water)program for the installation. Serve as SME for installation's 1.32 million gallon/day drinking water treatment facility. Acts as ORC (Operator in Responsible Charge), which assumes authority of the entire water treatment and distribution system. Work with the Environmental department to properly monitor the water quality and ensure it is of the best quality available. Work with work management software, Maximo, to write work requests, track work orders, and help in project development. Aid in the development of the Utilities Infrastructure Condition Assessment Program (U-ICAP) for UEM for asset tracking and work management. Also, develop the Preventative Maintenance Program, within U-ICAP, to help optimize resources and manpower. Develop scopes of work (SOW) and estimates for projects to correct deficiencies and changes in infrastructure or customer demand. Work with the Installation Energy Manager to develop projects and programs to reduce energy and conserve resources. Execute projects and SOW for water/wastewater systems for the treatment plant upgrades as well as assist in the development of alternative treatment technologies. Develop projects through multiple funding streams (MMRP, SRM, CIP, JFIP) for long term, high value projects for all commodities within the Utilities and Energy Management department. Attend WIB meetings and track work induction and ensure projects meet budget and schedule. Work with Japanese MLC (Master labor Contractors) within all aspects of duties and responsibilities. Aid in translating all correspondence between MLC and the US government within the UEM department. SOCIAL SECURITY ADMINISTRATION, July2014-Aug2015 Mechanical Inspector/Estimator, Chicago, Ill. Performs a variety of inspection duties relating to the performance of contractors charged with the building maintenance and repairs. Performs daily inspections of some or all of the following areas: heating, ventilation, air conditioning, electrical, plumbing, security and fire protection equipment to insure that equipment is in good mechanical condition and capable of operating at specified performance levels; makes examinations of elevator systems and the various components while in operation as well as in a stand-by condition; perforins inspection of space alterations and construction projects while work is in progress to ensure conformance with the contract specifications and industry standards; reviews initial work list prepared by the contractor regarding deficiencies existing prior to the beginning of the contract; ensures that the contractor develops and maintains all schedules, check charts and reports required by the contract; accompanies design and construction division inspectors in the performance of inspections; and checks and evaluates service call reports to determine if proper response time is being maintained and to determine cause of recurrent malfunctioning of equipment and systems, etc. Managed ESPC contract during performance period. Prepares project Statements of Work(SOW), assumes the role of Project Officer, when necessary. Develops Independent Government Cost Estimates (GCE) and prepare requests to the contracting officer to modify the Consolidated Facility Management Contract(CFM) and other contracts awarded by the SSA. HYPERLOOP TRANSPORTATION TECHNOLOGIES, June2014-June2016 Sr. Engineering Technologist Responsible for management and milestone creation/tracking for engineering specialists. Team leader for the Geometry Control/Intake design team. Provided engineering analysis to HTT upper management on the feasibility of certain paths/routes for Hyperloop tubes, as well as intake design options for Michael A. Crowley Phone:312-597-0458 Email subsonic, trans-sonic, and supersonic speeds. Provides advanced technical guidance to the company, own and drive quality metrics. Also act as an individual contributor within HTT. Provide schedule estimates, feasibility analysis, and expected delivery dates including scope of delivery to senior HTT management as well as Product Management teams. CHICAGO TRANSIT AUTHORITY, Mar2011-June2014 Sr. Power Engineer, Chicago, 111. Responsible for all engineering design, O&M, PM, and troubleshooting of the Authority's rail department, with over 220 miles of electrified rail, 61 substations, and over 3GW-hr of power delivered every month. Supervised over 60 field personnel to ensure compliance with the Authority's standards,procedures, preventive maintenance schedules, applicable government regulations, and established safe work methods. Investigates electrical problems to determine cause of malfunctions and failures. Developed, engineered, and applied solutions to reduce or prevent future problems. Read, interpret, and modify specifications, electrical schematics, and construction drawings to ensure compliance to the Authority's standards and methods. Design and modify various electrical circuits by applying engineering methods and principles. Receives and analyzes requests for traction power distribution, electrical equipment installations, and modifications. Prepares, reviews, analyzes, and estimates cost to perform requested work. Develops, proposes, and implements maintenance procedures for all traction and ancillary power equipment. Coordinates training for all Power Maintenance linemen and lineman helpers. Directs department personnel and the Control Center during rail service emergencies. Conducts disciplinary interviews. Makes sure that CTA negotiated Labor- Agreements are followed. Assists in the development of budgets and maintains adherence to them. UNITED STATES NAVY, July2004-December2O10 Supervisor, Electrical Organizational Maintenance,Naval Air Facility Atsugi,Japan (2007-2010) Managed all functions and activities within the Aviation Electricians' work center, maintaining 12 SH- 60F/H helicopters and supervising 14 aviation electricians. Subject Matter Expert on all electrical systems. Managed 2 Naval Aviation Maintenance Programs; the Compass Calibration Program and Battery Safety Program. Evaluated and modified training programs, inspected aircraft for safety of flight related discrepancies, and trained personnel in all electrical matters. Analyzed trends to identify aircraft discrepancies, inspection procedures, and workmanship. Ensured compliance with all proper instruction manuals. Knowledge of DoD Regulations governing the use of computer/information systems (Vulnerability Management System), and Security Technical Implementation Guide. Aviation Electrical Technician, Naval Air Station, San Diego, CA (2005-2007) Maintained and repaired electrical, instrument, and power systems on 22 SH-60F/H helicopters. Includes electrical power generation, conversion, and distribution systems; aircraft/airframe systems, including hydraulic, landing gear, flight control, anti-icing, rain control, anti-skid braking, fire protection, utility, and power plant and power plant related systems; instrument systems, including aircraft engine, flight, and other indicating and warning systems; automatic flight control and stabilization systems; aircraft compass systems; attitude reference systems, inertial navigation; uses computers in various aspects of work; applies hazmat procedures and corrosion control techniques. Michael A. Crowley Phone:312-597-0458 Email: EDUCATION & CREDENTIALS High School Diploma: St. Rita High School, Chicago, I11. College: Illinois Institute of Technology, 100 credit hours toward a BS in Physics. Professional Development: Cross Connection and Backflow Prevention Specialist, ODW Level 1 Operator for Water Treatment and Distribution, General/Avionics Corrosion Control means and methods, Contract writing, COTR (Contract Officer Technical Representative) certification. Familiar with computer programming languages (C#, Java, Python) and multiple operating systems and programs ranging from open source and proprietary software (AutoCAD, Matlab, Mathematica, Python) association. Can speak conversational Japanese and some Spanish. Activities, Honors, and Awards: NAVFAC FE Employee of the Quarter, 2nd QTR, FYI & FY20 Certificate of Commendation for On the Spot Award, August `16 Member of the International Electrical and Electronic Engineers (IEEE) CITY OF CORPUS CHRISTI Submit Date: Jan 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ms. Yan Yan He I'ri;lia First Nana Last IJarrie I mad Adclras„ 2003 Airline Rd. Unit G3 :�Ircet Ac9)reay Corpus Christi TX 78412 r:ur Sete f ustal Cocte What district do you live in? W District 5 Current resident of the city? r• Yes c No If yes, how many years'? 12 Mobile: (361) 510-9769 Business: (361) 334-1888 l'nrnar,Pnune Nllarrtwe Phone Dao Cuisine Owner Ln'iploy�r Job I the Work Address - Street Address and Suite Number 2033 Airline Rd. Unit G3 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78412 KAc Vnn Vnn No Dano 1 of r, Work Phone 361-334-1888 Work E-mail address daocuisine1888@gmail.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes (.- 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) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I was born in China and believe I would be an asset to the committee with my language skills and background in China. Are you an ex-Officio member of a City Board, commission or committee? c Yes (-. No Demographics Gender V Female KAc Vnn Vnn Wn Dano 7 of F, 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? c Yes c No Do you, your spouse, your business or your spouse's business have a City contract? c Yes c No Does your employer or your spouse's employer have a City contract? c Yes (.- 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? c 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 r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r No It you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NIA. N/A Board-specific questions (if applicable) AAc Vnn Vnn Wn Dano 2 of r, Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. W I Agree AAc Van Van Win Donn A of Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree NAc Van Vnn No Dono G of F, CITY OF CORPUS CHRISTI Submit Date: Apr 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Scott A Lawson hrsi Nawo Middle Initial Las[Name F_mail Addreas 3913 Priscilla Dr Slrcn Akidr.!— Corpus Christi TX 78414 aa' State Posial Code What district do you live in? V District 5 Current resident of the city? r• Yes c No If yes, how many years? 5 Mobile: (417) 437-9997 Mobile: (417) 439-1392 hwnary Alternate Phone Work Address - Street Address and Suite Number 3913 Priscilla Dr Work Address - City Corpus Work Address - State TX Work Address - Zip Code 78414 Work Phone 4174379997 Cr-ntt 0 I CIInrcnn Dano 1 of 7 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted SISTER CITY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted STREET MAINTENANCE FEE BOARD OF APPEALS: Submitted FLOOD HAZARD MITIGATION INFORMATION COMMITTEE: Submitted REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted SENIOR CORPS ADVISORY COMMITTEE: Submitted CONSTRUCTION TRADE ADVISORY& APPEALS BOARD: Submitted Interests & Experiences Are you a registered voter? (-. Yes c No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Cr•ntt A I flUICnn Dario 7 of 7 Education, Professional and/or Community Activity (Present) Retired Manufacturing Manager, former United Way county chair, State Manufacturers council president, quality awards foundation auditor using Baldric Award criteria, Batchelor of Business Administration, Mini- MBA Why are you interested in serving on a City board, commission or committee? Apply knowledge and experience to helping city and community iuk;:,d�f icssume. Are you an ex-Officio member of a City Board, commission or committee? c Yes c.- 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? Yes c No Demographics Gender W 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 (.- No Does your employer or your spouse's employer have a City contract? c Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? c- Yes (.- No Gantt 0 I ntnicnn Dano 2 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes � No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Oueshon apphus to Ali I S&(All I URAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Architecture JuetAion etpphus to RIJILDINGI STANDAIIDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W Building Materials Dealer Ouestion applies to IiUILDIIV( S IANDAIiUS BOARD Are you a Homeowner in the City of Corpus Christi? c Yes ( No Ouosbori apphos to CORPUS Cl iRlSl l(J UMUNI I IMPROVEMENT CORPORATION,r LOAN REVIEW COMMI ITEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Architect W Engineer OusGun applies to C01 WW;Cl IRIS I 1 CONVI N-IION&VISITTORS RUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? " W None of the above Qnntt A I nMenn Dano A of 7 0oustion apphes to HUNIAN R11A I IONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you quality for any of the following categories? W None of the above Otlostion applies;to ISLAND WS IF IF(_1 K,ACTION COMMII IFF ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? W At Large Representative who is a City Resident OLIOStion applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? " W Architect W Structural or Civil Engineer At-Large UUe,Sh0A appkli to LIBRARY BOARD The Library Board preferred representatives frorn certain categories. Do you qualify for any of the following categories? „ W None of the above Question applies Io WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Engineer Otiostion 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 Ouestum apphes to PLANNING COMM SION,COI WUS CII lI i I I B COHPORA I ION,CONPUS CHRIS fl BUSINESS AND JOB DI VEI.OPMENI COIWOHAIION Are you a registered voter? r• Yes c No «uu_itiun applies to I LOOD 1WAIit)M11 IGA I ION INI=ORMAI ION COMMITTEE The Flood Hazard Mitigation Information Committee must include a representative from certain categories. Do you qualify for any of the following? " FJ None of the above Crrntt A I faXAicnn D�rro of 7 OHoStion to Iit INV[ Sl ML.N I LUNE No 4 (NOR I I I BLAU I)BOARD Are you 18 year or older? c- Yes ( No Ot.loston�tppfies to HI INV[ 1 I MENT ZUNI NU.4(NOR I I I BEACH)BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? (-- Yes ( No Uti stion apphrs to Sl N101 CORPS ADVISORY COMMIT TEE The Senior Corps Advisory Committee must include members representing certain categories. Do you quality for any of the following categories? W At Large Ghi2stion�ipt)hes to CONST RUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? JW Engineer or Architect Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Cr-ntt A I oin/cnn Dearvo P of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. 1 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;W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Crntt A I faMenn Dano 7 of 7 Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi TX 78414—417.437.9997—:4MOMMUNOW.linkedin com/in/scottallenlawson/ Professional Experience Horton Automatics Corpus Christi,TX 2016-2020 Product Manager, Revolving Doors, Security Products ■ Manage Revolving Door& Security product lines ■ Develop new products Ergon Consulting Grove and Owasso, OK 2015-2016 Consultant/Problem Solving ■ Aerospace manufacturing and machining emphasis,AS9100 certification ■ A3 Facilitation,Acting Safety Coordinator,Team Building, Employee Involvement CST Storage Parsons,KS 2013-2015 Plant Manager ■ P&L for$67 million annual budget, ISO 9001 certified, 6 years with no lost time injury ■ Managed Production, Maintenance, Purchasing, Production Control and Scheduling Knapheide Truck Kansas City,MO 2012-2013 General Manager ■ Responsible for P&L, policy, personnel, budget, customer relations, Sales and Production ■ Directed all functional departments,truck pool and inventory, ISO 9001:2008 certified Newell Coach Miami, OK 2002-2012 Vice PresidentlManu facturing ■ Led manufacture of custom motor coaches with 208 employees in 15 departments ■ Negotiated several Collective Bargaining Agreements ■ Directed Safety, Quality, Production, Scheduling, Procurement, Service and Maintenance ■ Managed 16 acre facility, 130,000 square feet under roof seven-figure materials inventory, eight-figure work in process and eight-figure finished goods inventory Newell Coach 1996-2002 Plant Manager ■ Implemented lean manufacturing, oversaw Six Sigma Black Belt projects ■ Built effective team through hiring and coaching Newell Coach 1992-1996 Special Projects Manager ■ Developed Special Projects program ■ Customers'request/need fulfillment, Production Liaison Newell Coach 1990-1992 Quality Manager ■ Implemented quality system and processes ■ Affected improved product quality and customer satisfaction Newell Coach 1982-1992 Designer and Engineer ■ Designed over 600 unique motor coaches ■ Built relationships with customer, peers and suppliers Scott A. Lawson 3913 Priscilla Dr —Corpus Christi TX 78414—417 437 9997 linkedin conyin/scottallenlawson/ 21 i,,wY Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi,TX 78414—417.437.9997— linkedin conyin/scottallenlawson/ Previous Experience ■ Engineering roles with Titan Rig(mobile oil rigs), Funk Manufacturing (now John Deere) and Ajax-Atlas (structural steel buildings) Highlights ■ Exemplary integrity ■ Mentor to middle managers, resulting in much higher performance ■ Oversaw multiple locations, shifts and departments simultaneously ■ Implement/foster lean manufacturing using 5S, Six Sigma and SPC methodology ■ Chairman of the Board of Directors of the esteemed Oklahoma Manufacturing Alliance ■ President of Grand Lake Manufacturers' Council ■ Team Leader for the Oklahoma Quality Award Foundation ■ Influence many companies through lean, ISO, Baldrige Award criteria and Six Sigma ■ OSHA 10 Certification Skills ■ Lean Manufacturing, team building and employee empowerment ■ Human Resources leadership and staff development ■ Customer/vendor relationships and partnerships ■ Contract negotiations (union, vendor, supplier and customer) Core Accomplishments ■ State record for longest running SHARP safety award ■ Doubled revenue, increased capacity, reduced costs through lean transformation ■ Increased annual profits by 150%through continuous improvement processes ■ Reduced employee turnover to under 5%per year ■ Improved safety from 16 accidents at$500,000 per year to 4 accidents at$50,000 ■ Coached middle managers to higher efficiency and success ■ Improved workplace morale through various employee involvement initiatives ■ Applied visual workplace techniques and posted measurable metrics ■ Raised workplace organization, neatness and cleanliness through 5S programs ■ Reduced foot travel by many miles through pull systems ■ Decreased production line work station count, saving considerable WIP and space ■ Created kanban systems and 2-tiered racking to improve inventory management Education Pitt State University Pittsburg,KS 1994 Bachelor of Business Administration, with honors ■ Summa Cum Laude (4.0 GPA) ■ Member, Delta Mu Delta and Phi Kappa Phi The University of Tulsa Tulsa, OK 2000 Mini MBA, ■ College of Business Administration ■ Center for Excellence and Professional Development Texas A&M Corpus Christi,TX 2016 Six Sigma Black Belt CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Pedro Olivares Dust Name Lost Name 1.mail Addross 4622 Moravian Dr. Corpus Christi Slleei Addy-, Suite or Apt Texas TX 78415 Gil, Slate Puslal Cudo What district do you live in? " W District 3 Current resident of the city? c Yes c No If yes, how many years? 70 Mobile: (361) 290-3707 Home: (361) 257-2018 Pr niary Phone Alternaie Phone Work Address- Street Address and Suite Number Work E-mail address Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Dorlrn nlixiaroc Dano 1 of Are you a registered voter? r Yes c 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) retired School teacher., Administration Why are you interested in serving on a City board, commission or committee? i wish to contribute to the City. Are you an ex-Officio member of a City Board, commission or committee? c Yes r 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 Gender W 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? c 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? c Yes r No Dorlrn nlixinroc Dano of C� Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes cw No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NIA. Board-specific questions (if applicable) Uuestion ahphos to A[ &CUL1UIMt COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you quality for any of the following categories? None Selected OLIOMMI apples Io POH 1 OF("OIiPU<;CHRIS H AUTHORITY OF NUECf_S COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector" of Nueces County? r Yes r No 0[lostion apphas to POH I Ol C(riil'U>CFIIIN I I AUTHORITY OF NUE-CES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Dnrlrn (llixinroc Dnrvo 2 of C; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I✓ I Agree Consent for Release of Information 1 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. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dorirn (llixiaroc Dnma A of pArlrn r)lixinrrQc pane r, of r, CITY OF CORPUS CHRISTI Submit Date: Aug 13, 2020 Application for a City Board, Commission, Committee or Corporation Profile Ms. Terri "Cissi" Whipple I're hx I-usl Name Last Name Lmad Fddrts 6010 Sharolyn Street tilrG-ei H:1Jres� Corpus Christi TX 78415 stale f'uslal code What district do you live in? fJ District 3 Current resident of the city? r: Yes l^ No If yes, how many years? 25 Mobile: (281) 669-7203 Home: (281) 669-7203 Primary Phone Altwrlale 1'hune USA Ambassador to table Retired Professional Athlete soccer Lmplo,er Job Iltle Work Address - Street Address and Suite Number 6010 Sharolyn Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 AAc Torri "('icci" \A/hinnin Dano 1 of F, Work Phone 281-669-7203 Work E-mail address Preferred Mailing Address 10 Home/Primary Address Which Boards would you lil((, to apply for? SISTER CITY 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) I am the Goodwill Ambassador of the city of Corpus Christi, TX since 2012. 1 am a retired professional international athlete. I am a former precinct chair for precinct 20. 1 am a former member BOD for Habitat for Humanity Corpus Christi. I am a former member of executive committees of the ambassadors of the Chamber of Commerce. Why are you interested in serving on a City board, commission or committee? I have extensively traveled the globe representing our city or state and our country. I have extensive experience dealing with other countries around the world and was on the international sports Congress. I have developed other countries for our sports and dealt with governments in their areas. I was also recognized by the state of Texas in house resolution 1427. `i Uphwd d f{eSume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KAc Tnrri "( icci" \A/hinnlo Dano 7 of 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 W 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 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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. It you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) AAc Torri "('icci" %A/hinnlo Dario of C; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree NAc Torri Whinnlo Dano A of r� 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. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAc Torri "(`icci" Whinnho, parvo of F lite 77' 4 , u� City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 27,2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:34 a.m. B. Invocation to be given by Deacon Stephen Nolte, Saint Theresa Parish. Council Member Roland Barrera gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Whitley Yepez, Veterans Memorial High School. Whitley Yepez, Veterans Memorial High School student, 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. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations Mayor Guajardo announced that the following proclamation was presented: Professional Municipal Clerk's Week is May 2-8. A Certificate of Commendation was presented to Police Chief Mike Markle upon his retirement. F. PUBLIC COMMENT Mayor Guajardo referred to comments from the public. The following citizen called in opposition to Item #15: Carl Badalich, 102 West Palm Beach. City of Corpus Christi Page 1 Printed on 5/5/2021 City Council Meeting Minutes April 27,2021 The following citizens submitted written public comments which are attached to the Minutes: David McIntyre, 2837 Oso Pkwy.; Sherry Badalich; and Richard Weitzel, 16602 Willow Run. Dr. Gloria Scott thanked and acknowledged Police Chief Mike Markle for his service to the community. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's Comments. a. Drought Conditions Update City Manager Zanoni reported the City is in stage 1 drought restrictions. Reservoir levels are currently at 35.3%. To avoid stage 1 drought conditions, the reservoir levels need to reach 50%. b. Street Construction Update City Manager Zanoni reported the following construction projects are coming to completion soon: Morgan Avenue; Everhart Road; Holly Road; Rodd Field Road; and Strasbourg Drive. C. Upcoming Special Events (HOSPiS Gala &Award Ceremony; Buc Days) City Manager Zanoni reported Buc Days Festival will be held from April 29th through May 9th. Due to COVID-19, the illuminated night parade will not be held this year. Instead, a Parade Pachanga will be held inside the American Bank Center. Vaccine clinics will be available for citizens 18 years or older for Moderna or 16 years or older for Pfizer. Anyone receiving vaccinations on the day of the event will get free admission. The Blue Angels Air Show will be held at 1:00 p.m. on Saturday, May 1st and Sunday, May 2nd. The Rodeo will be held at the American Bank Center from May 6th to May 9th. The Hospis Gala and Award Ceremony is taking place on April 29, 2021 at the Omni Hotel. On April 29th the City will be launching a new department called the Neighborhood Services Department. H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0496 Corpus Christi Regional Transportation Authority (1 vacancy) Corpus Christi Convention & Visitors Bureau (1 vacancy) Mayor Guajardo referred to Item 1. Corpus Christi Regional Transportation Authority City of Corpus Christi Page 2 Printed on 5/5/2021 City Council Meeting Minutes April 27,2021 Council Member Pusley nominated Gabi Canales (City-Transportation). Council Member Hernandez nominated Adolfo "Butch" Escobedo (City-Transportation). Council Members Hernandez, Lerma and Martinez voted for Escobedo. Council Members Molina, Pusley, Smith, Hunter and Mayor Guajardo voted for Gabi Canales. Council Member Barrera abstained. Gabi Canales was appointed. Corpus Christi Convention & Visitors Bureau Council Member Molina nominated Ramon Pineda. Council Member Hernandez nominated Steve Banta. Mayor Guajardo nominated Sara Sells Morgan. Council Members Molina, Smith, Barrera and Lerma voted for Pineda. Council Members Pusley, Hunter, Martinez and Mayor Guajardo voted for Morgan. Council Member Hernandez abstained. Due to a tie, this Board appointment was tabled to the next meeting. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 10) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. A motion was made by Council Member Pusley, seconded by Council Member Molina to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 2. 21-0509 Approval of the Minutes of the Regular Meeting of April 20, 2021. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. 21-0363 Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032418 4. 21-0361 Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of$73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the City of Corpus Christi Page 3 Printed on 51512021 City Council Meeting Minutes April 27,2021 Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032419 5. 21-0421 Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032420 6. 21-0469 Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to continue using the 2020 Winter Quarter Average (calculated from December 2019 - February 2020) for wastewater charges from May 2021 through April 2022. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032421 Consent- Contracts and Procurement 7. 21-0293 Motion authorizing a three-year supply agreement with Southern Tire Mart, LLC of Columbia, Mississippi, E.B. Creager Tire & Battery, Inc. of Corpus Christi, Texas, and Vicente Cavazos Jr, dba Cavazos Tire Service of Corpus Christi, Texas in amount not to exceed $166,000.00, for Mobile Tire Repair for Asset Management Department, Fleet Division, with FY2021 funding in the amount of $27,600.00 available through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2021-091 8. 21-0392 Motion authorizing the purchase of two replacement transfer trailers for $167,806 and the lease-purchase, through JP Morgan, of one new transfer trailer from Spector Manufacturing, Inc. of St. Claire, Pennsylvania, for $88,237.90 for a total amount of$256,043.90 to be utilized by Solid Waste Operations; effective upon issuance of a letter of acceptance, with FY 2021 funding in the amount of not to exceed $167,806 available through the Equipment Replacement Fund, with lease purchase payment commencing in FY 2022. This Motion was passed on the consent agenda. Enactment No: M2021-092 City of Corpus Christi Page 4 Printed on 51512021 City Council Meeting Minutes April 27,2021 9. 21-0442 Resolution authorizing a three-year service agreement with A-1 Scale Services, Inc. of San Antonio, Texas, in an amount of$91,136.00 for installation and upgrade of the Mettler Toledo Databridge System software to replace the outdated Mettler Toledo Autoscale system utilized by the Cefe Valenzuela Landfill and the JC Elliott Transfer Station, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032422 Consent- Capital Projects 10. 21-0282 Motion awarding a Master Services Agreement for Utilities Permitting Assistance to Plummer Associates, Inc., Austin, Texas, for permitting and regulatory assistance for the City's water and wastewater treatment plants, located Citywide, in an amount up to $230,000.00 for the initial term, with four renewal options to be administratively authorized for a total amount not to exceed $1,150,000.00, with FY 2021 funding available from the Water and Wastewater Capital Funds. This Motion was passed on the consent agenda. Enactment No: M2021-093 K. LEGISLATIVE UPDATE: Mayor Guajardo referred to the Legislative Update. Director of Intergovernmental Relations Tammy Embrey gave a brief update on actions that have taken place at the State Capitol. A Council Member and Director Embrey discussed the following topics: in response to a Council Member's question regarding an update on the electrical utility issues with ERCOT, Director Embrey will send out a summary to Council at the end of the week of various major pieces of legislation; and the City has not taken a position in support of or opposed to any of these Bills because we do not operate an electric utility. L. RECESS FOR LUNCH The recess for lunch was held from 1:40 p.m. to 2:22 p.m. M. PUBLIC HEARINGS: NONE N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 11 - 12) 11. 21-0534 Discussion with possible action to amend City Council Policies, Rules of Procedure, regarding the Motion to Reconsider. City of Corpus Christi Page 5 Printed on 51512021 City Council Meeting Minutes April 27,2021 Mayor Guajardo referred to Item 11. City Secretary Rebecca Huerta stated that a few Council Members requested options allowing for more public notice when a motion to reconsider is made; the top seven cities by population were polled to see what type of procedures they use; the Council has three options: 1) to change Council policies to follow Robert's Rules of order; 2) amend our existing process by requiring the motion to reconsider be placed on the agenda; and 3) not make any changes and maintain the current process. City Manager Peter Zanoni and City Attorney Miles Risley recommended Option 1. Council Member Pusley made a motion to approve Option 1, seconded by Mayor Guajardo. Council Members and City Manager Zanoni discussed the following topics: a Council Member's suggestion to go with Option 2 because of past experience; and a Council Member believes Option 1 is the best practice. The motion approving Option 1 failed. Council Member Hernandez made a motion to approve Option 2, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye: 6- Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 3- Mayor Guajardo, Council Member Barrera and Council Member Pusley Abstained: 0 Enactment No: 032423 12. 21-0512 Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating and transferring $14,299,000.00 from the Seawall Improvement Fund to the Seawall Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. Mayor Guajardo referred to Item 12. Assistant City Manager Neiman Young and Marina Manager Jonathan Atwood presented information on the following topics: issue; Center of our Economic Hub; Corpus Christi Marina dock replacement; dock 1; marina dredging needed; old power pedestal; new power pedestals; modern concrete marine dock system; Texas Marinas with concrete docks; UTMSI-Port Aransas; Island Moorings-Port Aransas; Port Aransas Municipal Marina; slips overview; project budget; economic impact-marina; economic impact-local; Type A fund balance; Type A fund annual revenues; and recommendations. Council Members, City Manager Peter Zanoni, Mr. Atwood and City Attorney Miles Risley City of Corpus Christi Page 6 Printed on 51512021 City Council Meeting Minutes April 27,2021 discussed the following topics: this is a great news item because it is over a $14 million investment; Certificates of Obligation will be issued in a few weeks, along with other projects; dredging will take place at the L head and the seawall, along with some of the slips and channels; docks E, F, G and H were replaced in 2008 or 2009; the estimated completion date will be approximately one year; an engineer has assessed the docks; a Council Member thanked the Chamber of Commerce, Type A group and other groups for moving this forward; plumbing and electrical will be updated for the new docks; the floatation for the new docks will be foam encased in concrete; the completion date does include the dredging; the L pier is open to the public to lease slips from the City; revenue is due to the size of slips, most slips on L dock have larger vessels; the City is expected to receive $2 to $3 million from the claim that was filed for the damage from Hurricane Hanna; and the new dock master is helping put together a maintenance plan for marina upkeep. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 O. FIRST READING ORDINANCES: (ITEMS 13 - 19) 13. 21-0420 Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions [Chief of Staff, Chief Financial Officer, Assistant City Manager]. Mayor Guajardo referred to Item 13. Director of Human Resources Eyvon McHaney stated that six out of the seven largest Texas cities incorporate their pay plans and holiday schedules directly into the budget by including the pay plans and holiday schedules as separate appendices attached to the annual budget; this ordinance ensures City pay-grades remain accurate and complete, and brings the City in-line with the standard practices of the seven largest cities in Texas. Council Members, Director McHaney and City Manager Peter Zanoni discussed the following topics: Pay Grade 321 is a new bracket that specifically encompasses the Assistant City Managers, Chief Financial Officer and Chief of Staff; and the 318 pay grade was removed to add the 321 pay grade. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 7 Printed on 51512021 City Council Meeting Minutes April 27,2021 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 14. 21-0225 Ordinance amending Chapter 6 of the Code of Ordinances regarding Animal Care and Control by adding and clarifying definitions, creating and revising sections including microchipping registration, failure to reclaim pets, impoundment of abandoned or unrestrained animals, dangerous and aggressive dogs, adequate sheltering of canines, and the feeding of animals; providing for severance, publication, and establishing an effective date of the new laws. Mayor Guajardo referred to Item 14. City Manager Peter Zanoni stated this item was being withdrawn by staff, and was rescheduled for May 11. 15. 20-1344 Zoning Case No. 1020-02, Mustang Island, LLC. (District 4). Ordinance rezoning property at or near 7213 State Highway 361 from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. (Planning Commission and Staff recommend Approval) (3/4 vote required due to opposition by adjacent property owners) Mayor Guajardo referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: aerial overview; adjacent development; zoning pattern; public notification; planning commission and staff recommend approval; aerial with special permit; and proposed special permit. Council Members, Director Raymond and Assistant City Attorney Buck Brice discussed the following topics: staff added a special permit to the zoning request; and Council Members' concern with the density of the RV resort. Council Member Barrera made a motion to approve the ordinance with a special permit, seconded by Council Member Hunter. The ordinance failed. Aye: 1 - Council Member Molina Nay: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez and Council Member Pusley Abstained: 1 - Council Member Smith 16. 21-0160 Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, TX, for the Fire Station Multiple Location Generator Replacement Project to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with City of Corpus Christi Page 8 Printed on 51512021 City Council Meeting Minutes April 27,2021 FY2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. Mayor Guajardo referred to Item 16. A Council Member, Director of Engineering Services Jeff Edmonds and City Manager Peter Zanoni discussed the following topic: staff is recommending the replacement of natural gas generators as a best practice. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 17. 21-0161 Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. Mayor Guajardo referred to Item 17. Director of Engineering Jeff Edmonds stated that the purpose of this item is to award a construction contract to replace piping and mechanical systems at the Science and History Museum and to amend the Capital Improvement Plan (CIP). There were no comments or questions from the Council. Council Member Hunter 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 Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 18. 21-0007 Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of$427,951.25 for a total restated fee City of Corpus Christi Page 9 Printed on 51512021 City Council Meeting Minutes April 27,2021 of$23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. Mayor Guajardo referred to Item 18. Director of Water Utilities Kevin Norton stated that approval of the ordinance would repair the O.N. Stevens Water Treatment Plant roof that is currently leaking; the funding comes from FY 2021 operating funds resulting from chemical savings; this ordinance also amends the CIP; and staff recommends approval. Council Members, Director Norton, Director of Engineering Services Jeff Edmonds and City Manager Peter Zanoni discussed the following topics: a Council Member's concern that project E11066 was not in the current or previous year's Capital Improvement Plan (CIP), but that it goes back to the 2019 CIP; the design engineer supports this project and the added scope was not in the original project; and the City is operating within the Council approved guidelines and complying with state law. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Pusley and Council Member Smith Abstained: 1 - Council Member Molina 19. 21-0510 Ordinance authorizing the resale of 18 properties for$111,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. Mayor Guajardo referred to Item 19. Director of Finance Heather Hurlbert stated that the winning bids were submitted on five properties by Carrvino Development, LLC, eight properties by Thanksgiving Homes, and five properties by an individual; and the City will receive about $12,500 towards delinquent tax revenues and $19,800 for payment of demolition liens. A Council Member, City Manager Peter Zanoni, Director Hurlbert and City Attorney Miles Risley discussed the following topics: these properties are fairly priced; and these are tax resale properties that didn't make the minimum bid at the auction. Council Member Lerma 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 Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith City of Corpus Christi Page 10 Printed on 51512021 City Council Meeting Minutes April 27,2021 Abstained: 0 P. BRIEFINGS: (ITEM 20) 20. 21-0511 Development Growth Presentation and Corpus Christi Regional Economic Development Quarterly Update (1 st Quarter 2021) Mayor Guajardo referred to Item 20. Director of Development Services Al Raymond and Director of Planning and Environmental Services Daniel McGinn presented information on the following topics: plats; major infrastructure; commercial construction; analysis; Northwest Blvd.-ongoing projects; Staples corridor; public improvement district; and annexation. President and CEO of Corpus Christi Regional Economic Development Corporation Iain Vasey presented information on the following topics: March 2021 employment by sector for Corpus Christi MSA; unemployment rates; area projects net taxable value; select major projects; business development dashboard; business attraction activities; CCREDC project pipeline; Coastal Bend Business Resources working group final COVID economic impact survey; CCREDC 2020-2021 projects; and charting a new case. Council Members and Mr. Vasey discussed the following topics: the importance of economic development in Corpus Christi; CCREDC was nominated by the governor's office for the Trade and Industry Development magazine; and Council Members commended the economic development team for their diligence. Q. APPEAL OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 21) The Appeal will proceed using the following format: 21. 21-0495 Consideration of an appeal filed by Ms. Raquel Ordonez of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 309 Hiawatha Street in City Council District 1. Mayor Guajardo referred to Item 21. City Attorney Miles Risley stated that today's appeal was filed by Raquel Ordonez regarding the Building Standard's Board decision is to require demolition of the property located at 309 Hiawatha Street. Ms. Raquel Ordonez, the appellant, stated that: this property belongs to her grandmother; she was unaware that the property in question was going to be demolished; she paid the lien on the house; she started cleaning the property when she arrived in Corpus Christi on April 22, 2021; and she spoke to the tax department and they are willing to make payment arrangements with her. City of Corpus Christi Page 11 Printed on 5/5/2021 City Council Meeting Minutes April 27,2021 Council Members and Ms. Ordonez discussed the following topics: Ms. Ordonez's wish is to restore this home for ministry purposes; she received notice of this situation on February 11, 2021; Ms. Ordonez plans to pay $5,000 towards the taxes of the property if the approval of the demolition is cancelled; a family member will be living in the house; Ms. Ordonez's claim that she is financially capable to repair this property and needs at least six months to do so; Ms. Ordonez's pledge to get the roof fixed and windows repaired in the next six months; Ms.Ordonez has not considered tearing down the house, rather she wants to remodel it; Ms. Ordonez is not aware of any structural damage to the property; no one has lived in the house for at least nine years; and Ms. Ordonez is meeting with an attorney to establish ownership of the property. City Attorney Miles Risley presented the following information: Code Enforcement notified more than 50 people by mail and a notice was posted on the front door several times; Ms. Ordonez does not appear in the title records; Building Standards Board does not prohibit an owner from demolishing a building; if the owner does not demolish the property within 30 days, then the order authorizes the City to demolish it; and it could take months before the demolition is even completed. Council Members, City Attorney Risley, Code Compliance Officer Diana Garza, Code Enforcement Program Manager Liza Lopez and Ms. Ordonez discussed the following topics: the Building Standards Board decides if a building needs to be demolished; the immediate requirement is to secure the building; notices can only be sent to people who are listed on the property and utility bills; the best way to establish legal ownership is to let the property get foreclosed; a Council Member's concern why the City accepted Ms. Ordonez's money to pay fines and fees when the title is not in her name; legal heirs get the property when there is not a will; the City sent out three letters that did not get returned; the letters were sent out by certified mail and first class mail; there is an active lawsuit by Linebarger for taxes; Ms. Ordonez is risking putting money into the property and may not be able to secure the ownership; Ms. Ordonez is requesting a six month delay to demolish the property and understands her risks; she needs a list of repairs that are required to get it up to code; a Council Member's concern of protecting the surrounding neighborhood; it will take a structural engineer about six months to assess the property; there is no liability on the City since it is not municipal property; and the Texas Local Government Code says you cannot give someone more than 90 days to repair the building. Code Enforcement Program Manager Lopez and Code Compliance Officer Garza presented information on the following topics: they have received many complaints in the community regarding this property; Code Compliance Officer Garza went out to the property and made her assessment; the sign is placed on the structure that no one is allowed to enter the property due to what the Building Standards Board ordered; the notices that were mailed out stated what was wrong with the property; and all of the notices of violation were returned. City of Corpus Christi Page 12 Printed on 51512021 City Council Meeting Minutes April 27,2021 Council Members, City Attorney Risley, Code Enforcement Program Manager Lopez and Code Compliance Officer Garza discussed the following topics: if Council takes action for demolition it does not affect property ownership; the first complaint was filed on August 20, 2020; the utilities have been turned off since 2013. Council Member Pusley made a motion to approve the resolution to deny the appeal, seconded by Council Member Barrera. Council Members, City Attorney Risley, Code Enforcement Program Manager Lopez and Code Compliance Officer Garza discussed the following topics: it could cost the City up to $4,500 or $5,000 to demolish this property; if an empty lot is sold, it would not be enough to cover the tax lien and demolition; the demolition will be covered by the CDBG funds; and it will take about three to four months to demolish this property. The motion to approve the resolution failed. Council Member Hernandez made a motion to table for 30 days to allow Ms. Ordonez to develop a plan to bring the property into compliance with code enforcement, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Hernandez, Council Member Lerma, Council Member Martinez and Council Member Smith Nay: 3- Council Member Barrera, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Hunter Abstained: 0 R. EXECUTIVE SESSION: NONE S. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 5:19 p.m. City of Corpus Christi Page 13 Printed on 5/5/2021 t< TO n Subject- Run: St"Qadalich d-easymag ic(S4hotmail.cum AAes age S4e: 86 K5 Send 'Web Content REQUEST FOR CALL BACK FORM City of Corpus Christi Boards, Commissions and Committees Enter either the name of tete Board,Commirzior.or Comm CtZuncil }i t"•cxms Christ DAT E OF MEET'NG !SAME: Car,C5a ' >4;� . "----- 'STATE Zlt�. TG3f'C: zonini3 'S8 AGEhDAiTcM NUMBER(if applicable), [�#t�titl .���` �t _ t J LU c) Z TELEPHONE NUMBER FOR CALL BACK: �_ Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 26, 2021 11:38 AM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 04-27-2021 - David McIntyre McIntyre FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, April 26, 202111:38 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 04-27-2021 - David McIntyre McIntyre [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826`3766. Public Comment & Input Form Date of Meeting 04-27-2021 Name David McIntyre McIntyre Address Street Address: 2837 Oso Parkway Street Address Line 2: City: CORPUS CHRISTI State/ Province:TX Postal/Zip Code: 78414 Topic Item# 14(21-0225) Regarding feeding animals Agenda Item Number 14 Describe Feedback: I am extremely hopeful that at least some of these proposed changes are implemented. I currently reside directly across from the location where people have been feeding raccoons for years now. I cannot tell you how negatively this has impacted me and my family. From constant trash blowing into our yard from discarded feeding items to all 1 manner of additional nuisance animals (possums/rats/coyotes) being drawn to the food. We have had multiple occassions of people driving by and shooting at the animals (I have provided a video to CCPD and Animal Control). People are honking just outside our door all hours of the night and early a.m. We are miserable in our own home and have complained for years. I have pictures and video that I can provide of a large number of dangerous situations that occur here on a nightly basis. Unaddressed, a tragedy is inevitable. Please do not allow this continue. Pass at least the wildlife feeding potion of this item. Thank you. Provide an email to receive a copy of your dmcintyrel2@grandecom.net submission. 2 Case:1020 P c>L I am not sure where to begin with this letter. You already know that I am opposed to this project even though I get notices a month after a meeting takes place. I am not opposed to development. I am not opposed to the developer of this land. I am sure he is a very nice man who had an idea. What I am opposed to is him coming in and filling in wet lands without permission. I also am opposed to him starting a project without permission. He did bring in gravel, big machinery etc. without getting authorization that are necessary. Rules should be the same for everyone. We have abided by those rules. You have no proof that an RV Park will not impact the value of my land. We have lived on Mustang Island for over 40 years. Long before there was much development on the Corpus Christi portion of Mustang Island. It has a special place in our hearts. RVs are a great way to travel, but again you can have too many on a small island that only has one exit in case of a hurricane. Can you imagine the congestion of everyone getting off the island over the causeway if you add that many more RVs to the congestion? Have you thought to ask those in charge of evacuation their thoughts? Please consider not allowing this particular project to go through. Sherry Badalich Yri ✓ Norma Duran From: Richard Weitzel <richard.weitzel@gmail.com> Sent: Tuesday, April 27, 2021 8:55 AM To: CitySecretary Subject: Objection to RV Park [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Date of Meeting 04-27-2021 Name Richard Weitzel Address Street Address: 16602 Willow Run City: San Antonio State/Province: Texas Postal/Zip Code: 78247 Country: United States Topic Zoning Case 1020-02 Agenda Number 20-1344 Describe Feedback: I strongly oppose RV Parks. Trailer parks provide less Revenue for city and county,and attract a negative element. A Developers Pro Forma will rapidly deteriorate into a slum-like environment. When the Trailer Park shows decreasing Revenue,the prices drop, and to get Revenue the Trailer Park accepts anyone to offset expenses-a downward "spiral" into bankruptcy. No one will want to buy a Lot and build an expensive home overlooking a slum-area Trailer Park. City Council can become "heroes" in the CC area by commissioning a Study on the "best and highest use" of the entire area -from the perspective of Tax Revenue, and not of limited knowledge of what is best for the City of CC and Mustang Island. The Study should include what other beachfront properties, like Okaloosa Island in Florida, have done to create a beneficial Tax Revenue base. The Study protects Council from being arbitrary and indecisive. Please don't miss this opportunity to do what's right for the City of CC. i Provide an email to receive a copy of your ricnard.weitzei@gmail.com submission. 2 ^"OS r.j,, s Cit`' of Corpus Christi 1201 Leopard Street x 1 Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Monday,April 26,2021 8:00 AM Texas State Aquarium 2710 N. Shoreline Boulevard Flint Hills Resources (FHS)STEM Center Room A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 8:09 a.m. B. 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. Present 9- Mayor Paulette M. Guajardo, Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Billy Lerma, Council Member John Martinez, Council Member Ben Molina, Council Member Mike Pusley and Council Member Greg Smith C. BRIEFINGS TO CITY COUNCIL: 1. 21-0196 City Council Seawater Desalination Workshop Strategic Communications Manager Amber Oetting facilitated the meeting and reviewed meeting agenda. Jason Cocklin, Project Manager and Environmental Engineer with Freese & Nichols and Water Resource Manager Esteban Ramos presented information on the following topics: the timeline shows efforts that this project is feasible: 1) environmentally sustainable; 2) affordability; and 3) operational longevity; time and money invested; potential candidate preferred; site selection strategy; matrixes and criteria; all sites considered; Inner Harbor Ship Channel; La Quinta and Harbor Island; and twenty-one sites - breakdown of selection criteria. Council Members, Mr. Cocklin, Mr. Ramos, City Manager Peter Zanoni, and Director of Water Utilities Kevin Norton discussed the following topics: a Council Member's concern whether the citizens of Corpus Christi had any input on choosing the site; a survey was not sent out to Corpus Christi residents, but there was community outreach; the decisions made by City Council included public comment; original stakeholders were City Council, staff, Port of Corpus Christi, Port Industries and San Patricio Municipal Water District; the City of Corpus Christi Page 1 Printed on 51712021 City Council Workshop Session Meeting Minutes April 26,2021 Cities of Beeville and Alice buy water from Corpus Christi, so it's important to begin with the Inner Harbor; a Council Member is opposed to the Inner Harbor location because of the environmental impact that desalination will have on oysters; San Patricio County needs to share the groundwater study with Corpus Christi; CC Polymers has excess water available for Corpus Christi, but it's not approved for drinking; as the regional water supplier, the City of Corpus Christi has all of the customers in the region; private industries are not part of the Region N plan; the water is on the acidic side so it has to be blended and stabilized from the O.N. Stevens plant; the project will be at or below the trigger point of 75% that the City Council approved around 2023-2024; and both sites will benefit the regional water supply growth. Jorge Arroyo, Professional Engineer with Freese & Nichols and Director of Water Utilities Kevin Norton presented information on the following topics: site selection goal-Economics & Environment; site selection: strategy; merit of candidate sites; the goal is to have two desalination plants, one in San Patricio County and one in Nueces County; and La Quinta and Inner Harbor sites both have potential, but overall Inner Harbor is the better choice. Council Members, Mr. Arroyo, Director Norton, President and Co-founder of Water Globe Consultants Nikolay Voutchkov and Mr. Cocklin discussed the following topics: the Inner Harbor will be built with 20 Million Gallons per Day (MGD) capacity, but is expandable to 30 MGD; the discharge at Harbor Island seems to have direct access to the ship channel; the permit for the Inner Harbor allows for production of 30 MGD potable water and La Quinta is 20 to 40 MGD; a Council Member's concern that limiting the expansion size could affect future growth for the entire region; arsenic and lead contamination in the Bay are an issue; and Council Members' concerns about not having a detailed report. Panel and open discussion: Council Members, Jason Cocklin, Project Manager and Environmental Engineer with Freese & Nichols, Water Resource Manager Esteban Ramos, Procurement and Contract Expert of WSP Neil Callahan, Jorge Arroyo, Professional Engineer with Freese & Nichols, Coastal Environmental Scientist Dave Buzan, and President and Co-founder of Water Globe Consultants Nikolay Voutchkov discussed the following topics: the limitation on the discharges is the reason for having two different sites, a single "mega-site" would require more expensive infrastructure; desalination technology is still improving; discharge volume is limited which could increase production capacity in the future based on environmental impact; staff looked at the option that was best for the demand in the region; desalination offers the region the opportunity to bring on drought proof supply; the Port of Corpus Christi proposed five or six potential sites; the Carlsbad, CA desal plant intake is near the lagoon connected to the ocean; Carlsbad plant has an open ocean discharge of 50 MGD versus Corpus Christi's limited discharge location; a Council Member's concern of taking the brine further out from the beach and the Bay; oysters on the Texas coast prefer a range of salinity from 10 to 30 parts per thousand; seawater is about 35 parts per thousand; the normal range is 20 to 30 parts per thousand for oysters; the discharge will only allow the salinity to increase by 2 parts per thousand; TCEQ will not issue a permit that will allow a City of Corpus Christi Page 2 Printed on 51712021 City Council Workshop Session Meeting Minutes April 26,2021 big difference in salinity; the downfalls of building in the Inner Harbor are same downfalls as anywhere else; the main disadvantage of the Inner Harbor is being a dead-end channel and a lack of ventilation; cost of water is only an estimate of$3 to $4 per thousand gallons; the lower salinity of water always yields lower costs; 60% discharge versus 40% production is the overall recovery rate; the estimated cost of water generated from Inner Harbor project would be less than that from Mary Rhodes Pipeline Phase II; in response to a Council Member's inquiry about out-sourcing desal, Mr. Voutchkov said, current industry trends favor short-term contracts (5-7 years) during which the private sector manages plant while public sector learns the operation in preparation to take over when the contract ends; a Council Member's concern about the City being in the desalination plant business; TCEQ establishes maximum limits of how much can be discharged; a recommendation to use a skilled and experienced private sector for the first five to seven years; and the City of Corpus Christi has been treating water for over 100 years. Texas Water Development Board: Director of Finance Heather Hurlbert and Jorge Arroyo, Professional Engineer with Freese & Nichols presented information on the following topics: the nitty gritty of SWIFT II; City's timeline; project due diligence; and the City has been approved through the SWIFT program for$222.4 million for the design, engineering, permits and construction of a potential desalination plant. Council Members, Director Hurlbert, City Manager Peter Zanoni, Mr. Arroyo, Director Norton, and Water Resource Manager Ramos discussed the following topics: staffs request for an extension of the August 2021 deadline; the drought surcharge will produce about $5.8 million annually; the project is eligible to receive state funding once it is included in the regional water plant; there is a minimal rate impact for the desalination; there is a separate water fund and a separate waste water fund; and the extension in August 2021 will not obligate us to the financial commitment until August 2022. What if? Possible Alternatives: Water Resource Manager Esteban Ramos and Environmental Engineer Maria Corona presented information on the following topics: Option A - desalination; Option B -groundwater; Evangeline - groundwater; Dimmit Utility WSC - groundwater; Option C - water reuse; Option D -Aquifer Storage and Recovery; in summary; helpful documents; and 2021 goals for seawater desalination. Council Members, Water Resource Manager Ramos, Environmental Engineer Corona, Water Globe Consultants Nikolay Voutchkov, and WSP Procurement and Contract Expert Neil Callahan discussed the following topics: groundwater is a difficult alternative because it involves individual groundwater conservation districts with individual boards to get permits from; chloride is customer based and could affect the taste of water; groundwater would be take or pay contracts; the drought surcharge could not be used for take or pay contracts; there is no pricing included for Dimmit Utility because they did not provide any background information to verify that the cost is less than $3 per thousand gallons; the ultimate capacity is 30 MGD for Inner Harbor and 40 MGD for La Quinta; permit requirements have volume limitations, but not salinity limitations; a Council's City of Corpus Christi Page 3 Printed on 51712021 City Council Workshop Session Meeting Minutes April 26,2021 Member's request for an environmental evaluation on Inner Harbor and La Quinta; a Council Member's request for a Request for Proposal (RFP) on other options, as opposed to just a Request for Information (RFI); Mary Rhodes pipeline is producing about 43 MGD, so in order to increase capacity by 30 MGD, an upgrade of tanks, new pumps and electrical costs would be needed and could cost up to $20 million; and the La Quinta site is a better location than the Inner Harbor in terms of environmental impact and capacity. D. ADJOURNMENT The meeting was adjourned at 12:23 p.m. City of Corpus Christi Page 4 Printed on 51712021 s c� Ga � -�J AGENDA MEMORANDUM r+9 One-Reading for the City Council Meeting of May 11, 2021 zr� DATE: April 30, 2021 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health An netter(a)cctexas.com 361-826-7203 Acceptance of the COVID-19 Vaccination Capacity Contract in the amount of $18,073,609.00 and appropriation of the funds for the contract period December 1 , 2020 through June 30, 2024. CAPTION: One-Reading Ordinance authorizing City Manager or designee to execute the Contract with Texas Department of State Health Services which provides $18,073,609 for COVID- 19 Vaccination services provided December 1 2020 through June 30, 2024 to be used to increase, train, and monitor vaccine sites and providers; appropriating the funds in the No. 1066 Grant Fund; authorizing the Corpus Christi-Nueces County Public Health District Director to contract with third parties for the provision of services under the Contract; and authorizing use of Contract funds to pay pre-award costs which total approximately $20,000 SUMMARY: The COVID-19 Vaccination Capacity Contract is to be used to provide for travel costs, supplies, equipment, contractual, and other expenses to provide COVID-19 vaccination services, training, monitor vaccine sites and providers. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a contract in the amount of $18,073,609.00 to provide for travel costs, supplies, equipment, contractual and other expenses to provide COVID-19 vaccination services, training, monitor vaccine sites and providers. ALTERNATIVES: Refuse the grant and discontinue providing COVID-19 vaccination services across the jurisdiction, including among high-risk and underserved populations. FISCAL IMPACT: No fiscal impact to general fund. The grant does not require a cash or in-kind match by the City. Funding Detail: Fund: 1066 Health Grants paid by the Department of State Health Services Organization/Activity: 831557F Mission Element: 103 Disease Prevention Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001019500010 Ordinance One-Reading Ordinance authorizing City Manager or designee to execute the Contract with Texas Department of State Health Services which provides $18,073,609 for COVID-19 Vaccination services provided December 1 2020 through June 30, 2024 to be used to increase, train, and monitor vaccine sites and providers; appropriating the funds in the No. 1066 Grant Fund; authorizing the Corpus Christi-Nueces County Public Health District Director to contract with third parties for the provision of services under the Contract; and authorizing use of Contract funds to pay pre-award costs which total approximately $20,000 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee, the Director of the Corpus Christi- Nueces County Public Health District, is authorized to execute the Contract No. HHS001019500010 under the COVID-19 Immunizations Grant Program which provides $18,073,609 for COVID-19 Vaccination services provided December 1 , 2020 through June 30, 2024. SECTION 2. The funds from the Contract are appropriated in the No. 1066 grant fund. SECTION 3. The Director is authorized to contract with third parties for provision of services under the Contract. SECTION 4. That use of the Contract funds to pay pre-award costs which total approximately $20,000 is approved. SECTION 5. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this day of , 2021 . ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor day of ' 2021 . TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette M. Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma Michael Hunter John Martinez Ben Molina Greg Smith DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Oi uJ TEXAS %0 Health and Human Texas Department of State Health Services Services Jahn Hellerstedt,M.D. Commissioner Annette Rodriguez, MPH Corpus Christi-Nueces County Public Health District (City) 1201 Leopard Street Corpus Christi, Texas 78401 Subject: COVID-19 Vaccination Capacity Contract Contract Number: HHS001019500010 Contract Amount: $18,073,609.00 Contract Term: Upon Execution through June 30, 2024 Dear Ms. Rodriguez: Enclosed is the COVID-19 vaccination capacity contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to increase COVID-19 vaccination capacity for the jurisdiction. Please let me know if you have any questions or need additional information. Sincerely, Holly Zoerner, CTCM Contract Manager 512-776-3742 Holly.zoerner@dshs.texas.gov P.O.Box 149347 • Austin,Texas 78714-9347 • Phone:888-963-7111 • TTY:800-735-2889 • www.dshs.texas.gov DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS001019500010 UNDER THE COVID-19 IMMUNIZATIONS GRANT PROGRAM I. PURPOSE The DEPARTMENT OF STATE HEALTH SERVICES ("SYSTEM AGENCY"), a pass-through entity, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("GRANTEE") (each a"Party" and collectively the"Parties") enter into the following grant contract to provide funding for the COVID-19 Immunizations Grant Program (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the Public Health Services Act Section 317, 42 U.S. Code Section 247B, and Texas Government Code Chapter 791 and Texas Health and Safety Code Chapters 12 and 121. III. DURATION The Contract is effective on the signature date of the latter of the Parties to sign this Contract and terminates on June 30, 2024, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. System Agency, at its sole discretion, may extend this Contract for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed five years. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Contract beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interests of the State. IV. BUDGET The total amount of this Contract will not exceed $18,073,609.00. Grantee is not required to provide matching funds. All expenditures under the Contract will be in accordance with ATTACHMENT B,BUDGET. V. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Contract on behalf of its respective Party. 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 System Agency Grantee Department of State Health Services Corpus Christi-Nueces County Public P.O. Box 149347 —Mail Code 1990 Health District(City) Austin, Texas 78714-9347 1201 Leopard Street Attention: Holly Zoerner Corpus Christi, Texas 78401 Attention: Annette Rodriguez VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier,overnight, signature required,to the appropriate address below: System Agency Health and Human Services Commission Attn: Office of the Chief Counsel MC 1100 4900 North Lamar Boulevard Austin, Texas 78751 With copy to Department of State Health Services Attention: General Counsel P.O. Box 149347 —Mail Code 1911 Austin, Texas 78714-9347 Grantee Corpus Christi-Nueces County Public Health District(City) 1201 Leopard Street Corpus Christi, Texas 78401 Attention: Annette Rodriguez VII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. VIII. ADDITIONAL GRANT INFORMATION System Agency Data Universal Numbering System (DUNS)Number: 807391511 DSHS Contract# HHS001019500010 Page 2 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Federal Award Identification Number(FAIN): NH23IP922616 Assistance Listing Name and Number: Immunization Cooperative Agreements 93.268 Federal Award Date: 01/15/2021 Federal Award Project Period through 6/30/2024 Name of Federal Awarding Agency: CDC Office of Financial Resources Awarding Official Contact Information: Freda Johnson Email:wve22cdc.gov SIGNATURE PAGE FOLLOWS DSHS Contract# HHS001019500010 Page 3 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No.HHS001019500010 SYSTEM AGENCY GRANTEE Signature Signature Printed Name: Printed Name: Annette Rodriguez Title: Title: Health Director Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS001019500010 ARE INCORPORATED BY REFERENCE: ATTACHMENT A: STATEMENT OF WORK ATTACHMENT B: BUDGET ATTACHMENT C: HHS UNIFORM TERMS AND CONDITIONS-GRANT ATTACHMENT D: HHS CONTRACT AFFIRMATIONS ATTACHMENT E: FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F: HHS DATA USE AGREEMENT ATTACHMENT G: FFATA FORM ATTACHMENTS FOLLOW DSHS Contract# HHS001019500010 Page 4 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will conduct any of the following eligible activities that is aligned with the approved workplan: A. Increase COVID-19 vaccination capacity across the jurisdiction, including among high-risk and underserved populations. 1. Increase the number of vaccine provider sites, including with pharmacies. This can be done through a competitive application process, through enrollment of specific providers into such a program, or through other means. 2. Enroll/train vaccine providers, including complementary providers, to build capacity to vaccinate pediatric and adult populations in accordance with ACIP recommendations. 3. Enlist/educate adult providers, including specialists that see high-risk patients, to identify and refer patients to vaccination clinics if they are not themselves vaccinators. 4. Fund local health departments to expand their operations (e.g., providing vaccinations during evenings, overnight, and on weekends)and to increase their throughput. 5. Support public health workforce recruitment and training including working with health providers from rural communities, communities of color, and/or communities of high social vulnerability(See CDC's Social Vulnerability Index (SVI)). 6. Implement vaccine strike teams, mobile vaccine clinics, satellite clinics, temporary, or off-site clinics to travel and provide vaccination services in non- traditional settings and/or to supplement the work of local health departments in underserved communities. B. Ensure high-quality and safe administration of COVID-19 vaccines. 1. Implement site visits to COVID-19 vaccination clinics to provide monitoring and quality assurance support (supportive supervision) and to promote quality improvement. 2. Support vaccine administration sites by responding to issues, questions, and ensuring training as needed for new products or changes to products. 3. Provide supplies (including personal protective equipment(PPE)), equipment, and training to providers and partners for: i. Vaccine storage and handling, including monitoring temperature of vaccines ii. Vaccine transport, including any vaccine-specific considerations, for temporary mass vaccination clinics iii. Vaccine administration DSHS Contract# HHS001019500010 Page 5 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 4. Ensure vaccine administration sites have appropriate capabilities to address adverse events, including anaphylaxis. 5. Support provider training and reporting of vaccine adverse events to VAERS. C. Ensure equitable distribution and administration of COVID-19 vaccines. 1. Monitor vaccination coverage among population subgroups, identifying populations and geographic areas with low coverage. Implement and evaluate interventions and direct vaccine and vaccination efforts to increase coverage. 2. Monitor and improve access to vaccinations in communities of high social vulnerability (CDC's Social Vulnerability Index (SVI)). 3. Continue and expand on the work of Vaccine Equity Committees (or similar committees) to ensure transparency and engagement with the community. 4. Have a written plan to address high-risk and specific populations (including older adults) and how to reach each group, including congregate settings (e.g., correctional facilities), homeless populations, essential workers, and others. 5. Partner, plan, and implement vaccination activities with critical organizations. These organizations could include but are not limited to: i. Colleges and Universities ii. Occupational health settings for large employers iii. Churches or religious institutions iv. Federally Qualified Health Centers (FQHCs), including Community Health Centers (CHCs) v. Pharmacies vi. Long-term care facilities(LTCFs),including independent living facilities, assisted living centers, and nursing homes vii. Organizations and businesses that employ critical workforce viii. First responder organizations ix. Non-traditional providers and locations that serve high-risk populations x. Other partners that serve underserved populations 6. Plan and implement vaccination activities with organizations and businesses that employ frontline essential workers as defined by the Cybersecurity & Infrastructure Security Agency (LISA). D. Grantee must obtain approval from System Agency on the workplan within 30 days of Contract execution. E. Submit a quarterly program report on the report template to be provided by System Agency by the last business day of the month following the end of each quarter of the Contract for System Agency review. Submit reports by electronic mail to ImmunizationContractsCOVID3 gdshs.texas.gov and to holly.zoernerLdshs.texas.gov. The email "Subject Line" and the name of the attached file for all reports should be clearly identified with the Grantee's Name and Contract Number. F. Grantee may use funds to pay pre-award costs which date back to December 1, DSHS Contract# HHS001019500010 Page 6 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 2020, that are directly related to the activities outlined in the Statement of Work. All pre-award costs must be approved in writing by System Agency. G. Grantee may not use funds for research, clinical care, fundraising activities, or funding an award to another party or provider who is ineligible. Other than normal and recognized executive-legislative relationships, no funds may be used for: 1. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body; 2. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative act or Executive order proposed or pending before any legislative body. IL PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us/grants/fonns.shtm. The Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512)458-7442 EMAIL: invoi ces9dshs.state.tx.us EMAIL: CMSInvoices2dshs.texas.gov B. Grantee will be paid on a cost reimbursement basis and in accordance with ATTACHMENT B,BUDGET to this Contract. C. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to System Agency upon request. In the event a cost reimbursed under the Contract is later determined to be unallowable, then the Grantee will reimburse System Agency for that cost. D. Grantee will submit quarterly Financial Status Reports (FSRs) to System Agency by the last business day of the month following the end of each quarter of the Contract for System Agency review and financial assessment. The quarters are as follows: DSHS Contract# HHS001019500010 Page 7 of 9 1111SC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 1. July 1 through September 30 2. October 1 through December 31 3. January 1 through March 31 4. April 1 through June 30 E. Grantee will submit a request for reimbursement(HHS Form B-13)as a final close- out invoice not later than forty-five(45)calendar days following the end of the term of the Contract. Reimbursement requests received in the System Agency office more than forty-five (45) calendar days following the termination of the Contract may not be paid. F. Grantee will submit a final FSR as a final close-out FSR not later than forty-five (45) calendar days following the end of the term of the Contract. DSHS Contract# HHS001019500010 Page 8 of 9 IHILSC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ATTACHMENT B BUDGET Organization Name: Corpus Christi-Nueces County Public Health District(City) Program ID: INWICOVID-19 Contract Number: HHS001019500010 Budget Total Budget Categories Amount Personnel $0.00 Fringe $0.00 Travel $3,920.00 Equipment $128,625.00 Supplies $325,458.00 Contractual $15,808,340.00 Other $1,807,266.00 Total Direct $18,073,609.00 Indirect $0.00 Total $18,073,609.00 Remainder of page intentionally left blank DSHS Contract# HHS001019500010 Page 9 of 9 IIIISC Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Attachment C HHSC Uniform Terms and Conditions Version 2.16.1 Published and Effective: March 26, 2019 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.16.1 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS ....................................4 1.1 Definitions ......................................................................................................................4 1.2 Interpretive Provisions.................................................................................................... 6 ARTICLE II. PAYMENT METHODS AND RESTRICTIONS.............................................. 6 2.1 Payment Methods........................................................................................................... 6 2.2 Final Billing Submission................................................................................................ 7 2.3 Financial Status Reports (FSRs)..................................................................................... 7 2.4 Use of Funds................................................................................................................... 7 2.5 Use for Match Prohibited............................................................................................... 7 2.6 Program Income ............................................................................................................. 7 2.7 Nonsupplanting............................................................................................................... 8 2.8 Allowable Costs.............................................................................................................. 8 2.9 Indirect Cost Rates ......................................................................................................... 8 ARTICLE III. STATE AND FEDERAL FUNDING................................................................ 8 3.1 Funding........................................................................................................................... 8 3.2 No Debt Against the State.............................................................................................. 8 3.3 Debt and Delinquencies.................................................................................................. 8 3.4 Recapture of Funds......................................................................................................... 8 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS............................. 9 4.1 Allowable Costs. ............................................................................................................ 9 4.2 Audits and Financial Statements.................................................................................. 10 4.3 Submission of Audits and Financial Statements.......................................................... 11 ARTICLE V.AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS..................... 11 5.1 General Affirmations.................................................................................................... 11 5.2 Federal Assurances....................................................................................................... 11 5.3 Federal Certifications ................................................................................................... 11 ARTICLE VI. INTELLECTUAL PROPERTY...................................................................... 11 6.1 Ownership of Work Product ........................................................................................ 11 6.2 Grantees Pre-existing Works ....................................................................................... 12 6.3 Agreements with Employees and Subcontractors ....................................................... 12 6.4 Delivery Upon Termination or Expiration .................................................................. 12 6.5 Survival ........................................................................................................................ 12 HHSC Grantee Uniform Terms and Conditions Page 2 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ARTICLE VII. RECORDS,AUDIT, AND DISCLOSURE................................................... 13 7.1 Books and Records....................................................................................................... 13 7.2 Access to Records, Books, and Documents ................................................................. 13 7.3 Response/Compliance with Audit or Inspection Findings........................................... 13 7.4 SAO Audit.................................................................................................................... 14 7.5 Confidentiality.............................................................................................................. 14 ARTICLE VIII. CONTRACT MANAGEMENT AND EARLY TERMINATION ............ 14 8.1 Contract Remedies........................................................................................................ 14 8.2 Termination for Convenience....................................................................................... 14 8.3 Termination for Cause.................................................................................................. 14 ARTICLE IX. MISCELLANEOUS PROVISIONS................................................................ 15 9.1 Amendment.................................................................................................................. 15 9.2 Insurance ...................................................................................................................... 15 9.3 Legal Obligations ......................................................................................................... 15 9.4 Permitting and Licensure.............................................................................................. 16 9.5 Indemnity...................................................................................................................... 16 9.6 Assignments ................................................................................................................. 16 9.7 Independent Contractor................................................................................................ 17 9.8 Technical Guidance Letters.......................................................................................... 17 9.9 Dispute Resolution....................................................................................................... 17 9.10 Governing Law and Venue........................................................................................... 17 9.11 Severability................................................................................................................... 17 9.12 Survivability................................................................................................................. 18 9.13 Force Majeure............................................................................................................... 18 9.14 No Waiver of Provisions .............................................................................................. 18 9.15 Publicity........................................................................................................................ 18 9.16 Prohibition on Non-compete Restrictions.................................................................... 19 9.17 No Waiver of Sovereign Immunity.............................................................................. 19 9.18 Entire Contract and Modification................................................................................. 19 9.19 Counterparts ................................................................................................................. 19 9.20 Proper Authority........................................................................................................... 19 9.21 E-Verify Program.......................................................................................................... 19 9.22 Civil Rights ................................................................................................................... 19 9.23 System Agency Data..................................................................................................... 21 HHSC Grantee Uniform Terms and Conditions Page 3 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters. "Attachment" means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference, and made a part of this Contract. "Contract"means the Signature Document,these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means the work product(s), including all reports and project documentation, required to be submitted by Grantee to the System Agency. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year"means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB"means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property Rights"means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. HHSC Grantee Uniform Terms and Conditions Page 4 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee,individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project"means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or"PIA" means Chapter 552 of the Texas Government Code. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" or "Request for Applications (RFA)" means the document (including all amendments and attachments) issued by the System Agency under which applications for Program funds were requested, which is incorporated by reference for all purposes in its entirety. "Solicitation Response" or "Application" means Grantee's full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textraved" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Statement of Work"means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "System A _gency"means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, authorized representatives and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Contract or through use of any funding provided under this Contract. "Uniform Grant Management Standards" or "UGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas HHSC Grantee Uniform Terms and Conditions Page 5 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract,(i)references to contracts(including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or"attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase"in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 2.1 PAYMENT METHODS A. Except as otherwise provided by this Contract, the payment method will be one or more of the following: i. Cost Reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; ii. Unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or iii. Advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has HHSC Grantee Uniform Terms and Conditions Page 6 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law, state and federal regulations, and at the sole discretion of the System Agency. B. Grantee shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.2 FINAL BILLING SUBMISSION Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. 2.3 FINANCIAL STATUS REPORTS(FSRS) Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five(45) calendar days following the end of the applicable term. 2.4 USE OF FUNDS Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services. 2.5 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.6 PROGRAM INCOME Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use Program Income, as provided in UGMS Section III, Subpart C, .25(g)(2), to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Contract. HHSC Grantee Uniform Terms and Conditions Page 7 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 2.7 NONSUPPLANTING Grant funds may be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant (replace) existing funds in place to support current programs and related activities. 2.8 ALLOWABLE COSTS Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS). ARTICLE III. STATE AND FEDERAL FUNDING 3.1 FUNDING This Contract is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change,revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages, that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Grantee agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 RECAPTURE OF FUNDS A . At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s)is not submitted by the due date(s), or ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice - HHSC Grantee Uniform Terms and Conditions Page 8 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii)that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include, but are not limited to: Applicable Entity Applicable Cost Audit Administrative Principles Requirements Requirements State, Local, and 2 CFR Part 200 and 2 CFR Part 200, 2 CFR Part 200 and Tribal UGMS Subpart F and UGMS Governments UGMS Educational 2 CFR Part 200 and 2 CFR Part 200, 2 CFR Part 200 and Institutions UGMS Subpart F and UGMS UGMS Non-Profit 2 CFR Part 200 and 2 CFR Part 200, 2 CFR Part 200 and Organizations UGMS Subpart F and UGMS UGMS HHSC Grantee Uniform Terms and Conditions Page 9 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and Organization Contract Cost Subpart F and UGMS other than a Principles and UGMS hospital and an Procedures, or organization Uniform cost named in OMB accounting Circular A-122 standards that (2 CFR Part, comply with cost 230) as not principles subject to that acceptable to the circular. federal or state awarding agency B. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty(30) calendar days after receipt of notice, Grantee will be subject to the sanctions and remedies for non-compliance with this Contract. ii. If Grantee,within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. iii. If Grantee,within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. iv. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable,for their program-specific audits. v. Each Grantee that is required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. B. Financial Statements Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements. HHSC Grantee Uniform Terms and Conditions Page 10 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at: or, hLtps://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau ii. Email to: single audit report@hhsc.state.tx.us. B. Financial Statements Due no later than nine months after the Grantee's fiscal year end, Grantees which are not required to submit an audit, shall submit electronically financial statements via: i. HHS portal at: hLtps://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit report@hhsc.state.tx.us. ARTICLE V.AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.1 GENERAL AFFIRMATIONS Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Grantee has reviewed the General Affirmations and that Grantee is in compliance with all requirements. 5.2 FEDERAL ASSURANCES Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Assurances and that Grantee is in compliance with all requirements. 5.3 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a "work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated HHSC Grantee Uniform Terms and Conditions Page 11 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. 6.2 GRANTEE'S PRE-EXISTING WORKS To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Contract ("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works, and Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive,royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre- existing Works, in any medium, with or without the associated Work Product. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 6.3 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI. 6.4 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Contract. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Contract without the prior written consent of System Agency. 6.5 SURVIVAL The provisions and obligations of this Article VI survive any termination or expiration of the Contract. HHSC Grantee Uniform Terms and Conditions Page 12 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 7.1 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee shall maintain legible copies of this Contract and all related documents for a minimum of seven (7)years after the termination of the Contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.2 ACCESS TO RECORDS,BOOKS,AND DOCUMENTS In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority.If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Contract. HHSC Grantee Uniform Terms and Conditions Page 13 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 7.4 SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Grantee shall maintain as confidential, and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Grantee's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Grantee to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Grantee found to be in error; iv. suspending, limiting, or placing conditions on the Grantees continued performance of the Project; v. imposing any other remedies, sanctions or penalties authorized under this Contract or permitted by federal or state statute, law, regulation or rule. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. The System Agency's right to terminate the Contract for convenience is cumulative of all rights and remedies which exist now or in the future. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part,upon either of the following conditions: HHSC Grantee Uniform Terms and Conditions Page 14 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any, or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LEGAL OBLIGATIONS Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. HHSC Grantee Uniform Terms and Conditions Page 15 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 9.4 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. 9.5 INDEMNITY A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. B. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLEGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other entity under the Contract. 9.6 ASSIGNMENTS A. Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. B. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. HHSC Grantee Uniform Terms and Conditions Page 16 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 9.7 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services under the Contract. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other parry's behalf. Should Grantee subcontract any of the services required in the Contract, Grantee expressly understands and acknowledges that in entering such subcontract(s), System Agency is in no manner liable to any Subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 9.8 TECHNICAL GUIDANCE LETTERS In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during work performance in the form of a Technical Guidance Letter (TGL). A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference for all purposes when it is issued. 9.9 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. B. If a contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen(14) days of the written notification,the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision will not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 9.10 GOVERNING LAW AND VENUE The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity,this Contract shall be construed as if such provision did not exist and the non- HHSC Grantee Uniform Terms and Conditions Page 17 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Grantee from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.15 PUBLICITY A. Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. B. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. C. Contractor is prohibited from using the Work for any Contractor or third party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Contractor's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Contractor as part of the Work. HHSC Grantee Uniform Terms and Conditions Page 18 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 9.16 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.17 NO WAIVER OF SOVEREIGN IMMUNITY Nothing in the Contract will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.18 ENTIRE CONTRACT AND MODIFICATION The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions,and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.20 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. 9.21 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: i. all persons employed to perform duties within Texas during the term of the Contract; and ii. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Contract within the United States of America. 9.22 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws,including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d etseq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 etseq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); HHSC Grantee Uniform Terms and Conditions Page 19 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: hllp:///hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications ghts/publications E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. HHSC Grantee Uniform Terms and Conditions Page 20 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 9.23 SYSTEM AGENCY DATA As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor's performance hereunder, (the "System Agency Data"), is owned solely by System Agency. Contractor has no right or license to use, analyze,aggregate,transmit,create derivatives of,copy,disclose,or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing,research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. HHSC Grantee Uniform Terms and Conditions Page 21 of 21 v.2.16.1 Effective 03/26/2019 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 HEALTH AND HUMAN SERVICES CONTRACT NO. HHS001019500010 Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors regardless of their business form (e.g., individual, partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 1 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 5. Assignment A. Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 2 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code,relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1)the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 3 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment,then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment,then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 4 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost,misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office(SAO). All employees or contractors who have reasonable cause to believe that fraud,waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules,regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: • OIG Toll Free Hotline 1-800-436-6184 Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 5 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of pe@ry of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 6 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1)it does not, and shall not for the duration of the Contract, boycott Israel or (2) the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 7 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 36. Disclosure of Prior State Employment— Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act(the Act),to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241,Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 8 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract or funding pursuant to 2 CFR 200.216. 40. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 41. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 42. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 43. Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. 44. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 45. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 9 of 10 DocuSign Envelope ID:9E41 El68-075E-4350-AB33-818BAACE2D07 46. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable d/b/a or 'doing business as' Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s), if any, for each Texas County Where Assumed Name Certificate(s) has been filed Signature of Authorized Representative Date Signed Annette Rodriguez Health Director Printed Name of Authorized Representative Title of Authorized Representative First, Middle Name or Initial, and Last Name Physical Street Address Citv. State.Zin Code Mailin2 Address if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No.— 11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 10 of 10 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 OMB Number:4040-0007 Expiration Date: 02/28/2022 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended(29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970(P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable, with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686), which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c) Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended(16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15� Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966(P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State(Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968(16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Health Director APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Nueces county Public Health District Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. •APPLICANT'S ORGANIZATION •PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: I 'First Name: Middle Name: Last Name:I Suffix: Title: Health Director SIGNATURE: 'DATE: DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 ATTACHMENT F HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein"PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(6)(1); 45 CFR 164.514(d) (B) Except as Required by Law CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C:ER 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C:ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(h)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request. 45 CFR 164.524and 164.504(e)(2)(h)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164 504(e)(2)(ii)(E) and(F). (J) If PHI is subj ect to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164 504(e)(2)(ii)(G) and 164 528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAAPrivacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 11 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6,04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6,09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6,10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Hi>taC11CY1@nt G Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact# 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Annette Rodriguez Title of Authorized Representative Date Health Director - 1- Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:9E41 E168-075E-4350-AB33-818BAACE2D07 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A" "B" and "C" and finish the certification. If your answer is "No", answer questions "A" and "B" A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 Docu5�". ii SECURED Certificate Of Completion Envelope Id: 9E4lEl68075E4350AB33818BAACE2DO7 Status: Sent Subject: New$18,073,609.00; HHS001019500010;Corpus Christi-Nueces County PHD(City); DSHS/LIDS-IMM/COVID-19 Source Envelope: Document Pages:67 Signatures: 0 Envelope Originator: Certificate Pages:2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled 1100 W.49th St. Envelopeld Stamping: Enabled Austin,TX 78756 Time Zone: (UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.11 Record Tracking Status: Original Holder:Texas Health and Human Services Location: DocuSign 4/19/2021 10:41:02 AM Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:4/19/2021 11:16:44 AM annetter@cctexas.com Viewed:4/20/2021 3:29:42 PM Health Director Corpus Christi-Nueces County Public Health District Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray karen.ray@hhs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Riley Chad.Riley@hhs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims Jennifer.Sims@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMS inbox Sent:4/19/2021 11:16:44 AM cmucontracts@dshs.texas.gov COPIED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lillie Powell COPIED Sent:4/19/2021 11:16:43 AM lillie.powell@dshs.texas.gov Contract Manager Texas Health and Human Services Commission Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rocky Barrera , PI E V Sent:4/19/2021 11:16:44 AM rockyb@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/19/2021 11:16:44 AM Payment Events Status Timestamps so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of April 27, 2021 1852 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 16, 2021 TO: Peter Zanoni, City Manager FROM: Jonathan Atwood, Marina Manager Jonathana2tucctexas.com 361-826-3980 Corpus Christi Marina Dock Replacement CAPTION: Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating and transferring $14,299,000.00 from the Seawall Improvement Fund to the Seawall Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. SUMMARY: Amending the budget and appropriating funds of an amount up to $14,299,000.000 to address docks A, B, C, D, and L that have exceeded their life expectancy and are currently in disrepair and are contributing to the loss of revenue at the Corpus Christi Marina. BACKGROUND AND FINDINGS: During the Corpus Christi Business and Job Development Corporation (Type A) Board meeting on April 19, 2021, the Type A Board approved a resolution authorizing the expenditure of Seawall Funds in the amount of $14,299,000.00 for the Marina Capital Improvement Projects (CIP), replacing docks A, B, C, D, and L. Previous Marina leadership presented a short-range CIP plan to the Type A Board that focused primarily on facility improvements. The Type A Board approved the requested funding for the short-range CIP during the FY 2021 budget process. After a recent review of the Marina facility, the new Marina leadership has determined the CIP priorities should focus on infrastructure that supports revenue generation. The improvements to the docks were in future CIP years but the new Marina leadership made the request to the Type A Board to repurpose funds from future years and expedite total funding to FY 2021. ALTERNATIVES: City Council could choose not to approve funding, but the facilities will continue to deteriorate causing a loss to its customer base and continued reduced revenue. Businesses will be unable to sustain operations; thus, further impacting the Municipal Marina and the Downtown area. FISCAL IMPACT: The fiscal impact is $14,299,000.00 of Seawall unreserved fund balance to be transferred to a CIP fund for repairs to the Corpus Christi Marina. Funding Detail: Fund: 1120 Seawall Improvement Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: 251850 Unreserved Balance RECOMMENDATION: Staff recommends the approval of an amount up to $14,299,000.00 for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating $14,299,000.00 from the Seawall Improvement Fund; transferring funds in the amount $14,299,000.00 from the Seawall Improvement Fund to the Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ("City") passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown seawall and for maintenance and operating costs of said seawall improvements for the life thereof to be imposed for 25 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2001 , to be administered by the Corpus Christi Business and Job Development Corporation Board ("Board"); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for a certain public improvement, namely the replacement of docks A,B,C,D, and L at the Corpus Christi Municipal Marina (the "Marina"); WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, the Marina is an integral part of the seawall complex that enhances the tourism or economic development value thereof; WHEREAS, replacement of docks A, B, C, D, and L will serve to beautify the seawall complex, increase safety, and eliminate an impediment to the commercial use of the Marina, thereby enhancing the value of the seawall as a facility that promotes new or expanded business development; WHEREAS, the Marina was constructed as part of the original seawall project, connects directly to the seawall, and is surrounded by seawall improvements, including the Seawall breakwaters; WHEREAS, the Marina is part of the downtown seawall and was included in seawall improvement project at the time that Proposition 4 was approved by voters; and WHEREAS, the replacement of docks A, B, C, D, and L is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City's voters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That funds in the amount of up to $14,299,000.00 are appropriated from the Seawall Improvement Fund 1120 unreserved fund balance for use on a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina (the "Project"). SECTION 3. The FY2019-20 Operating Budget and Capital Budget adopted by Ordinance No. 031870 are amended to increase expenditures by $14,299,000.00. SECTION 4. That funds in the amount of up to $14,299,000.00 are transferred from the Seawall Improvement Fund 1120 to the CIP fund 3271 for the Project and appropriated therein for use on the Project. SECTION 5. The FY 2020-2021 Operating and Capital Budget adopted by Ordinance No. 032203 is amended to add the Project to the FY 2020-2021 CIP project list. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Issue • Previous marina leadership presented a Short-Range CIP that focused on facility improvements • Type A Board approved the requested funding for the Short-Range CIP • After a review of the facility, new marina leadership has determined CIP priorities should focus on revenue generation • New marina leadership recommends the Type A Board repurpose the funds and expedite total funding to FY21 MARINA FY 21 CIP PROGRAM SHORT RANGE Funal ng Funding MARINA SHORT-RANGE ME As cI April 2220 Programed for F_",ni ed for FY 20-2' FY 21 22 - sS Project} Project Name Rer��iiing Yaari Year2 Budget 21026 ®oat Hau16u4OTfc,Retail F-dity 500.X] 8.35.0001 21022 Landscaping andIrri Ia Rehab 4000 Facility Focus 21025 N¢„C¢were�.ta F—fily V5.0C] 3.079.000 21027 Nerr Peoples 13-rc alk 2.4.000 21021 Replace Peoples Boater Facility Roof 125,003 Revenue Focus z1gz5 R¢pla¢e Piers AHCCL )OC.OW 21026 l:pyrade Manna 4YI F I MARINA SHORT-RANGE TOTAL N0.09 13.511,000 FVntling Funding MARINA AYAILAELE FUNDING As M AprH 2029 Programed for Programed for FY 20-21 FY 21-22 Ertcomhrances 6 Revonua Source Remaining Y., Year2 budget Marina Fond Reserve 125,00 4.000 ypa N6 Sahs Tax TIS,]G] 13507.OM MARINA FUNDING TOTAL: - 900.000 1 15.511.om 1 The Center of Our Economic Hub n a a f# TC Ayer.Park ®eanf` e= _ • r : ;• , a a 9 � ' Frank's spagneli �` '- 0 bsc - _ k Selena Mem ORoy MllerHgh SCM1aoI � yyv 5 W 5 et 0ys�®ar -k _j, ......... r f pus Cl Holy Cross emetery �,s aaburger HIIIMemorial Park aaueria Ganbaltli®# a .rt� nr Co Nu9 n.ez - eresHrewing a a vCppaEl n-CorWS Chrlstl � § � y A m wn.s >, au.s w,• n� y y y n G-1-P011ero��TaQueria Jalisco.#1 null _ n �'Ye ung 0Th¢Coa,d —I,gbt 5quar - rues n ' ,rea cove L—d AutoZ¢Auto Pans a n colas CHRISTHS SPOH Fm_ E Hospnal Corpus Christ. pot uMorrgan M p M��sl Bien MErn And eakerye _ v C TY Taco Bell / pig rr = QMarina Del Sol 'mss„-vg QBoeI NNet Dove 3o Qwnatab�rger � �+ ms© � p nester c f s Po. „el a.,rn s d 1 + 9 9av�aa'a .e m� ��a o of d reP e r er p „'.� Z GP gee' ,., 01—d asci v - a �n ri a.n �i®� • a IJ PW wwo IA: �eE L ► • . �:e�_ 'moi. IA A!n - � ■ � �" s r "- i� n I-�sr' lip Itp ab Corpus Christi Marina Dock Replacement i. r Floating Docks A, B,C, D in need of Replacement • Life expectancy 25 years • Docks installed 1994 • Wood structure floating dock • Galvanized Hardware - - _ • Plastic flotation y - • Primarily used in a freshwater environment n , — • Older under sized electric cables ! ��� - • _ - - Older PVC plumbing – water pipes ` broke during freeze --- – '� • Unstable in waves 1 t �r +�F Vu 9` C µ F __�-� ori _ �• •� �_. 'S T p w p t' i f f P 1 � I j Dock L • Built in 1990 • Fixed wood piling and wood " I "fit decking IG . � - • Does not move with the tideLz - • Storm tides break the decking y� boards I oose • Older under sized electrical cables - • Older exposed PVC plumbing -- t s Marina Dredging Needed • Sailboats and larger ,,,, powerboats cannot s access many of the slips on L Dock due to the depth of the water. • Larger boats need deeper water — The average depth of the bay is 11ft 4nslkt st • Depth of the water was ` checked at high tide. 10 Old Power Pedestal E , • Wood construction with galvanized1 fasteners • Exposed electric conduit and plumbing lines • Large bulky meter box -- • No lighting on / pedestal - • Cable/internet box mounted on side — 'Y New Power Pedestals Lighthouse Power Pedestal All pedesta S areasseTLledl:ra wired and ready to install when delivere,t I?"—1 4z� L „ LED Lights ■ a Phrluue s'ardard � Amber Lens C ear tars nit niall RR Backlit — Backlit Faceplate White Rousing Easy rece,tac a;lug it at r ght Avai�able ir{h$ invfessosieel paw er cots a Two Lockable Door Corers u Digital Electronic Meter Option A'aterp oo` + Marine or RV Receptacles _ Single,dual,or comb ins tic ns available Two Shore Power Cords a. Bus Bar Wireless Remote Monitoring Up to 4 nTT wire bus hadLoop feed capable s; Software and bar-ware op'ien Ningless Base Standard Water Hose Brackets EasrAccess orinstanation and maintenance Dail valves optional 1/4 Turn Ball Valvas with 514"Noss Bibs Molded Mounting Tabs Single or duel options availah le with stainless steel handles 'g Heavy duty low Cable Brackets n_ Single or dual options available (Phone,Cable TV Connections„High Speed Internet p� ,.. c �l us l� Modern Concrete Marine Dock System • Life expectancy 40 — 50 years • Concrete structure floating dock �a-- - r • Aluminum and stainless hardware mounted to wood • Recommended for coastal -r > environment with hurricane potential • Updated HDPE plumbing — Port Aransas docklumbin survived .r p g freeze • Properly sized electrical cables for modern boat requirementsr, • Provides wave attenuations 13 Texas Marinas with Concrete Docks pti I .• "', ..__ ..__. a .. -+c�.r' -�" ���� -WJ The City of Aransas Pass located near Corpus Christi,Texas,opens new transient marina in t �7 iI.'.r: t, V.1"r�.!l s f,', I.1[ I: t'•I"II,P \ I It....nl WT11 i}I C.,,17.14�1r i}}aYlill Conn Brown Harbor, ,.,L I.t.I, I 1 1'. UTMSI - Port Aransas i?- 17 n. M 15 ........ Island Moorings — Port Aransas ry, ,., .�_�� �" -�-•rte'-�• y� - Island Moorings — Port Aransas "I Z4 \ Ilk - Port Aransas Municipal Marina m 14 s 4.1 r;;q! _ w r'Y,nr �.,�. �r p Port Aransas Municipal Marina T � e- ' c n. h -_w -K , .J P Slips Overview 629 Total Slips: • 496 floating slips on docks A,B,C,D,E,F,G,H,M,S,T,U • 107 fixed slips including L dock, stem, and people's boardwalk • 26 Dry stand slips 207 of 629 (33%) Slips to be replaced: • A,B,C,D - 162 Slips- 25-45ft Boats • L Dock - 45 Slips - 30-55ft Boats 20 Project Budget • A,B,C,D Replacement Cost $11,500,000 Nearly$15 million in CIP for FY 21 & 22 • L Pier Replacement Cost $3,500,000 • Dredging Estimate $5,000,0000 — To be covered with certificates of obligation • Total Costs $20,000,000 21 Economic Impact — Marina • Current Revenue: $510,888 a year (75% capacity and decreasing due to damage) • Marina will increase slip rates after newer docks and facilities are built • Potential Annual Revenue (Figured on 80% capacity with new rates) o A $101,025 o B $109,444 o C $124,723 o D $130,335 o L $168,376 Total - $633,904 (40 Year Life Expectancy: $25,356,160) 22 Economic I ren p a ct — Local The role of the Corpus Christi Marinas in the local economy is far reaching and broad based, The following illustrates several snapshots of the economic impacts that can be reasonably quantified: o Regattas $460,000 o Property Tax Value $500,000 o Bay View Revenues $2,500,000 Total $3,460,000 (40 Year Life Expectancy: $138,400,000) Reference: Marina Local Impact Report Conducted by Texas A&M Corpus Christi South Economic Development Center Type A Fund Balance • As of January 2021: o Seawall - $42,356,826 o Arena Facility - $16,909,408 o Economic Development - $846,578 24 Type A Fund Annual Revenues • Seawall improvements: 0.125% o Approved on 11/07/00 for 25 years (4 more years of revenue) o FY 21 budget $7.2 M • Arena Facility: 0.125% o Approved on 11/07/00 for 25 years (4 more years of revenue) o FY 21 Budget $7.2 M • Economic Development/Whataburger Field: 0.125% o Approved on 11/05/02 for 15 years 0 2017 1/8 terminated and re-established as Type B Fund Corpus Christi Type A Fund: Purpose I City of Corpus Christi (cctexas.com) 25 Recommendations • Utilize $15M Type A Funding in one year (FY21) vs two years (FY21 & 22) • Designate "Replace Piers ABCDC project as highest priority • Push facility priorities to outer years in the CIP • If accepted today, request would be placed on the April 27th City Council Meeting for approval • Work would begin within the next 60 days 26 corpus Christi MARINA 27 Legal Opinion : Type A Funds For Marina Use The L-Head/T-Heads are embankments serving the primary purpose of providing breakwater and flood protection, and could be seen as an extension of the Seawall itself, since they fall under the common definition of a seawall. In either case, the L-Head/T-Heads are public improvements directly connected to the Seawall, permanently enhance the Seawall's value, are compliant with the parameters of the City's Water Garden Resolution, and fall within the boundaries of the State Patent. For this reason, we are comfortable that Marina related improvements that are situated directly on the L-Head/T-Heads comply with the plain meaning of the Seawall ballot proposition. 28 Legal Opinion : Type A Funds For Marina Use • Therefore, to the extent pier-specific Marina projects are public improvements that enhance the value of the Seawall for the purposes expressed in Section 11 of the Election Ordinance, we believe those projects would be "improvements to the downtown Seawall". • Replace Piers A, B, C, D, & L: Yes, if the EDC Board makes a factual determination that the project is a public improvement that enhances the value of the Seawall as a facility that promotes new or expanded business development. From the information provided, the project would facilitate the use of at least 215 boat slips on the Marina. 29 Marina Budget • Annual Estimated Revenue (2021 ) $2,140,060 • Expenditures 2021 o Personnel Costs $930,107 o Operating Costs $576,738 o City Allocations $306,415 o Capital Improvements $161,000 Total $1,974,261 • Annual Surplus 2021 $165,799 • Fund Balance: $1,069,108 so �o o11 �A PH v AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 WoRPORPg4 Second Readingfor the Cit Council Meeting of May 11, 2021 1852 Y g Y DATE: April 27, 2021 TO: Mayor and City Council FROM: Peter Zanoni, City Manager peterz@cctexas.com (361) 826-3220 Ordinance Incorporating City Pay Plans and Holiday Schedule into the City of Corpus Christi Operating Budget Ordinance to add the pay scales, pay grade 321, and holiday schedule for FY 2020-2021 CAPTION: Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions [Chief of Staff, Chief Financial Officer, Assistant City Manager]. SUMMARY: Currently, Corpus Christi Code Sections 39-303 (Employee Compensation and Classification System) and Section 39-324 (Official Holidays) are evaluated as ordinances separate and apart from the annual budget process. Incorporating the annual evaluation of these items into the Annual Budget Process provides efficiency and transparency, ensures City pay-grades remain accurate and complete, and brings the City in-line with the standard practices of the seven largest cities in Texas. The FY 2021 operating budget, adopted by Ordinance No. 032203, will be amended to include the official holiday schedule as currently stated in Corpus Christi Code Section 39-324 as well as the pay grades and ranges currently stated in Corpus Christi Code Section 39-303. Ordinance No. 032203 will be further modified to include executive leadership pay grade 321, a pay grade established in June 2019. Pay grade 321 is not currently captured in the revised pay scale found in Corpus Christi Code Section 39-303. BACKGROUND AND FINDINGS: HR Personnel recently surveyed the seven largest cities in Texas to review current personnel best practices. Six out of the seven largest Texas cities incorporate their pay plans and holiday schedules directly into each annual budget process by including the pay plans and holiday schedules as separate appendices attached to the annual budget. This best practice creates an integration between the budgeting process and City Council approval of pay plans and annual holiday schedules, and it ensures that all City ordinances are accurate and current. It also allows City Council to consider any modifications to pay plans or holiday schedules within the context of a balanced budget, resulting in further transparency to the annual impact of any proposed changes. This ordinance brings the City's processes in-line with best practices and captures pay grade 321, which establishes the pay range for Executive Leadership Team members. ALTERNATIVES: The alternative is to continue reviewing and updating pay plans and holidays as separate ordinances outside of the budget process. FISCAL IMPACT: This change will not result in any costs to the City. Instead,the process will produce more accurate budget information in a more efficient and transparent manner. RECOMMENDATION: City Staff recommends approval of incorporating City Pay Plans and Holidays into the Budget Process, attached as appendices to the annual Budget presentation. LIST OF SUPPORTING DOCUMENTS: Ordinances Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions. Whereas, adopting the pay scale and holiday schedule in budget ordinance provides frequent review; and Whereas, local disasters and other emergencies create operational requirements of the City that are prohibitive of granting vacation or personal leave. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Corpus Christi Code of Ordinances, Chapter 39 " Personnel," Article III "EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM", Section 39-324 "Holidays" is hereby repealed and replaced as follows: Sec. 39-324. - Holidays. (a) The official city holidays shall be reviewed each fiscal year and adopted with the city budget at the recommendation of the city manager. (b)When a designated City holiday falls on a Sunday, the following business day shall be considered a holiday. When any designated City holiday falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c)Part-time and temporary employees shall not be compensated for holidays, except for time actually worked which will be paid at the straight time rate. (d)Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the city manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e)Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f)No sick leave the scheduled workday before, the day of, or the day after a city designated holiday will be granted to any person without a certification from a health care provider that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. 1 Section 2. The Corpus Christi Code of Ordinances, Chapter 39 " Personnel," Article III "EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM", Section 39-303" Standard classifications, pay grades and ranges" hereby repealed and replaced as follows: Sec. 39-303. - Standard classifications, pay grades and ranges. (a)Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Non-Exempt (FLSA Overtime Eligible); Pay Plan 200 Exempt (FLSA Overtime Ineligible); and Pay Plan 300 Executives (FLSA Overtime Ineligible). (b) Pay Plan 100. Pay Plan 100 will include positions that are designated as non- exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 100 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. (c)Pay Plan 200. Pay Plan 200 will include all positions that may be designated as exempt from overtime under the FLSA. The pay grades and ranges for positions in Pay Plan 200 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. (d)Pay Plan 300. Pay Plan 300 will include positions at the highest level of decision-making and responsibility. The pay grades and ranges for positions in Pay Plan 300 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. Section 3. The FY2020-2021 Operating Budget adopted by Ordinance No. 032203 is amended to add SECTION 9 as follows: SECTION 9. The official holidays for city employees eligible for benefits for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021 is as follows: Thanksgiving Day November 26, 2020 Day After Thanksgiving Day November 27, 2020 Christmas Day December 25, 2020 New Year's Day January 1, 2021 2 Martin Luther King, Jr. Civil Rights Day of January 18, 2021 Service Memorial Day May 31, 2021 Independence Day July 4, 2021 Labor Day September 6, 2021 Section 4. The FY2020-2021 Operating Budget adopted by Ordinance No. 032203 is amended to add SECTION 10 as follows: SECTION 10. The pay grades and ranges for positions in Pay Plan 100, Pay Plan 200, and Pay Plan 300 for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021 are as follows: Pay Plan 100 FLSA Overtime Eligible Grade Minimum Midpoint Maximum 101 $17,124 $22,467 $28,058 102 17,980 23,591 29,461 103 18,879 24,770 30,934 104 19,822 26,008 32,481 105 20,813 27,309 34,105 106 21 ,853 28,674 35,810 107 22,947 30,108 37,601 108 24,094 31 ,613 39,481 109 25,299 33,194 41 ,454 110 26,564 34854 43,528 111 27,892 36,597 45,704 112 29,287 38,426 47,989 113 30,750 40,347 50,388 114 32,288 42,365 52,908 115 33,903 44,483 55,554 116 35,598 46,707 58,331 117 37,377 49,043 61 ,247 118 39,247 51 ,495 64,310 119 41 ,209 54,070 67,526 120 43,269 56,773 70,902 121 45,432 59,612 74,447 122 47,704 62,592 78,169 123 50,090 65,722 82,078 124 52,594 69,008 86,181 125 55,224 72,459 90,491 3 Pay Plan 200 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 201 $32,181 $42,224 $52,732 202 33,790 44,335 55,368 203 35,479 46,552 58,137 204 37,253 48,879 61 ,044 205 39,116 51 ,324 64,096 206 41 ,072 53,890 67,301 207 43,125 56,584 70,666 208 45,281 59,413 74,198 209 47,545 62,383 77,908 210 49,923 65,503 81 ,804 211 52,419 68,778 85,895 212 55,039 72,217 90,189 213 57,792 75,829 94,700 214 60,682 79,620 99,434 215 63,716 83,600 104,406 216 66,902 87,780 109,625 217 70,245 92,169 115,107 218 73,758 96,777 120,861 219 77,446 101 ,616 126,904 220 81 ,318 106,697 133,250 221 85,384 112,032 139,912 Pay Plan 300 Executives FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 307 $65,320 $85,666 $106,985 308 68,554 89,949 112,334 309 71 ,982 94,446 117,951 310 75,581 99,170 123,849 311 79,361 104,128 130,042 312 83,327 109,333 136,542 313 87,495 114,801 143,371 314 91 ,870 120,541 150,539 315 96,463 126,568 158,066 316 101 ,286 132,896 165,969 317 106,350 139,540 174,266 318 111 ,667 146,518 182,981 319 117,251 153,843 192,129 320 123,113 161 ,535 201 ,735 321 150,000 198,000 246,000 4 322 CITY MANAGER .. No range Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 6. This ordinance is effective upon passage on second reading. 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 6 �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, Director of Finance heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Fire Station Generator Replacement-Multiple Locations (Bond 2018 - Proposition E) CAPTION: Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, Texas, for the Fire Station Generator Replacement Projects to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY 2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. SUMMARY: This item awards a construction contract for the Fire Station Generator Replacement projects. The project scope consists of replacing emergency generators at seven fire stations that include Fire Stations Number 1, 5, 7, 8, 9, 10, and 12. Fire Station Number 5 will be securing the used emergency generator currently at Fire Station Number 1. The work scope will include upgrading various electrical subcomponents necessary to provide the capacity required to handle the emergencies and carry the design loads of the fire stations. BACKGROUND AND FINDINGS: The City of Corpus Christi has 18 fire stations that serve the City during emergencies. In February, the City went through an extreme weather event where many parts of the City lost power and several fire stations were impacted. Fire Station's 1, 5, 7, 8, 9, 10, and 12 do not have emergency generator sets large enough to power the entire stations. Each of these locations is at risk of not effectively maintaining operations if emergency backup power is needed. Currently, the City has a service agreement with Loftin Equipment Company, Inc. which responds to maintenance requests when they are needed. These services cost the City $19,350.00 annually for the maintenance of the generators at all fire stations including the Fire Department's warehouse. The City will now utilize a Master Service Agreement instead of individual service agreement contracts for future generator maintenance and repairs. The scope will consist of upgrading the emergency generator with new natural gas generator units to sustain the fire stations during an emergency. The buildings' electrical feeds will be upsized and re-routed to accommodate the increased loads required to power the entire stations. Automatic transfer switches and necessary additional electrical panels are included in the design to allow the loads to be distributed and automatically shed in a power failure event. This project is necessary due to its impact on the Corpus Christi Fire Department's ability to respond in times of need when emergency backup power is required. Upon project completion, the newly installed generators, automatic transfer switches, and supporting electrical systems will provide continuous power to the stations. This project will ensure all fire station functions and equipment remain powered when critical emergency operations rely on the most. The City will be replacing 10 of the 18 generators this fiscal year (seven with this contract and three additional will be presented to Council in separate contracts), and the Fire Department will plan the replacement of the remaining generators in the future fiscal years. PROJECT TIMELINE: 1 April — June Construction Project schedule reflects City Council award in April 2021 with anticipated completion in 120 days by June 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on January 18, 2021 and the bids were opened on February 24, 2021. The City received four bids. The City analyzed the bids in accordance with the contract documents and determined Facilities Solutions Group is the lowest responsive and responsible bidder. The bid results are summarized below. BID SUMMARY CONTRACTOR BASE BID Facilities Solutions Group $412,725.00 CRI Electric, Inc $623,422.00 Wachter Electric $641,600.00 Rural Electric, Inc $825,705.00 Engineer's Opinion of Probable Construction Cost $372,813.00 Facilities Solutions Group has previously completed City projects such as Daktronics video board installation for the American Bank Center, upgraded LED parking lot lights for the Public Health District, upgraded LED rooftop lights for City Hall, and replaced old generators for TXDOT. ALTERNATIVES: City Council could reject the bids and advise to re-advertise or the City could alter the design to replace the emergency generator with "in-kind" replacements, but that may hinder the fire department's ability to self-sustain and respond during power outages and other emergencies. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $412,725.00 with funding available from the Fire Capital Fund. The Capital Improvement Program (CIP) will be amended to include Fire Station 5 and 10 generator replacements projects, and to revise the project expenditures for all fire station generator replacements projects based on the received construction bids. The CIP budgeted a cumulative project expenditure total of$337,270.00 which reflects the estimate prior to the added scope increase of $75,455.00. The additional funding is supplemented through projects savings outlined in the funding detail below. FUNDING DETAIL: The CIP shows that the projects are planned for FY 2021. The CIP is being amended to include Fire Station 5 and 10 generator replacements and adjust project expenditures for each Fire Station generator replacement. The cumulative project expenditures total an amount of$337,270.00 which reflects the estimate prior to the added scope increase of $75,455.00. The $75,455.00 is being supplemented through project savings of $49,000.00 from project 18179A Fire Department Warehouse and $27,000.00 from project 18180Y Fire Parking Renovations, Fire Station 3 removal of scope of work. Fund: Fire Bond 2018 Fund (Fund 3192) Mission Element: 091 — Fire Activities Project: Fire Station #1, 5, 7, 8, 9, 10, & 12 Generator Replacement (18180): Please reference projects 18180T, 18180H, 181801, 18180J, and 18180MA in the FY 2020-2021 Capital Budget. Account: Construction (550910) Activity: 18180-T,F,H,I,J,R&U-3192-EXP Amount: $412,725.00 RECOMMENDATION: Staff recommends awarding a construction contract for Fire Stations Generator Replacement Project to Facilities Solutions Group. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Contract Bid Tabs Current and Draft CIP Pages Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, TX, for the Fire Station Multiple Location Generator Replacement Project to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to add the Fire Station Multiple Generator Replacement Project to install generators at Fire Stations 5 and 10. SECTION 2. The City Manager or designee is authorized to execute a construction contract to Facilities Solutions Group, Corpus Christi, TX for the Fire Station Multiple Generator Replacement Project to install generators at Fire Stations 1 , 5, 7, 8, 9, 10 and 12 in an amount not to exceed $412,725.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor t PROJECT LOCATION N SCALE: N.T.S. a VBIM1 LOCATION MAP ""` ria Doyle NOT TO SCALE NUECES RIVER 624 A� 77 u°P NUECES BAY ANNAVILLE C °'PR pOR 12 o O SHIP CH �p CORPUS CHRISTI RD STOWN 0 9 5OPARD a z g CC 44 6 AIRPORT ONALRI zz �k'/ 286 358 > M°RO 9 10 W 2 m � 0Q`O 8� HqR 7 °9 2a 8 p yOkr 0~ 358 3 d� rOCq � CABANISS PROJECT LOCATION FIELD FIRE STATION ADDRESS 43 00 01 514 BELDEN ST.CC,TX 78401 Qp OLD F.S.05 3312 LEOPARD ST.CC,TX 78408 zee m 07 3722 S.STAPLES ST.CC,TX 78411 z 08 4645 KOSTORYZ RD.CC,TX 78415 1 09 501 NAVIGATION BLVD.CC,TX 78408 10 1550 HORNE RD.CC,TX 78416 241 rOR�p �P 12 RAND MORGAN RD.CC,TX 78410 VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18180A FIRE STATION MULTIPLE CITY COUNCIL EXHIBIT LOCATIONGENERATOR CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES REPLACEMENT CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r REQUEST FOR BIDS (" RFB") Fire Station Multiple Location Generator Replacement (Bond 2018) 18180A Contract No. 3370 Y:\00 CONSTRUCTION CONTRACT ADMIN\18180A FSG Fire Station Generator Replacement CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-727588 Facility Solutions Group corpus Christi, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/16/2021 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18180A Generator upgrades for multiple fire stations Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the___day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 �US O� SBO RPOR Alto xss� 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Facility Solution Group JContractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Fire Station Multiple Location Generator Replacement Project No. 18180A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Bath Engineering 5656 S. Staples Ste 110 Corpus Christi,Texas 78411 0martinez@bathgroup.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director Of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi,Tx 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223-1 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 C. Milestones,and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $412,725.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 5.02 Progress Payments; Retainage: 1. The standard retainage is 5 percent. B. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. C. At the Owner's option,retainage may be increased to a higher percentage rate,not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Workto be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests,studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. Agreement 005223-4 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records,books, correspondence,instructions,drawings,receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 6. Drawings listed in the Sheet Index. 7. Solicitation documents and Contractor's response,which are incorporated by reference. 8. Addenda, which are incorporated by reference. 9. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) FACILITY SOLUTIONS GROUP Faci 1 iD$aJj#LiL9ns Group (Seal Below) By: Note: Attach copy of authorization to sign if Title: sales manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4401 Westgate Blvd. Suite 310 Financial Officer Address Austin Texas 784745 City State Zip 361-882-5685 Phone Fax Peter.cardona@fsgi.com Email END OF SECTION Agreement 005223-6 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 00 30 01 BID FORM Project Name: Fire Stations Multiple Location Generator Replacement Project Number: 18180A Owner: City of Corpus Christi Bidder: OAR: Brett Van Hazel, PMP-Asst. Director of Construction Designer: Bath Engineering Group Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al IMobilization and Demobilization ILS 1 1 O0 0 A2 Bonds and Insurance JAL I 114 goo O p0 o SUBTOTAL PART A-GENERAL(Items Al thru A2) oo Part B-GENERATOR INSTALLATION (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Fire Station No. 1 Complete lump Sum LS 1 $Q 250 g0 7, B2 Fire Station No. 5 Complete lump Sum LS 1 p Oc.) B3 Fire Station No. 7 Complete lump Sum LS 1 6 00 G, 500 B4 Fire Station No. 8 Complete lump Sum LS 1 55 Soo S S 60 B5 Fire Station No. 9 Complete lump Sum LS 1j^00 500 B6 Fire Station No. 10 Complete lump Sum LS1 od 42, 77oo B7 JFire Station No. 12 Complete lump Sum LS 1a fl S SUBTOTAL PART B-GENERATOR INSTALLATION(Items Bl thru B7) 7j of Part C-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) C1 Unforseen Conditions Allowance I F= 1 $ 36,000.00 C2 JPermit Allowance I JAL 1 1 $ 3,600.00 SUBTOTAL PART C-ALLOWANCES (Items C1 thru C2) $ 39,600.00 TOTAL BASE BID-PARTS A THRU C Contract Times Bidder agrees to reach Substantial Completion in 1 120 Jdays Bidder agrees to reach Final Completion in 1 150 Jdays Bid Submittal(Proposal must be signed by an authorized representative of the Company) Company: C t ' 'V c� f 0✓l �r►r0 ul P Signature: Title: Ct 1 P f A ` c, A aq 2.,— Bid Form 003001-1 18180A-Fire Stations Multiple Location Generator Replacement Rev.01-08-2018 Fire Station Multiple Location Generator Replacement(Bond 2018) Bid Opening 02/24/2021 Facility Solutions Group CRI Electric,Inc Wachter Electric Rural Electric,Inc Item Description Unit QTY Unit Price Total Unit Price Total Unit Price Total Unit Price Total Al Mobilization and Demobilization LS 1 $6,000.00 $6,000.00 $23,072.00 $23,072.00 $25,000.00 $25,000.00 $39,300.00 $39.300.00 A2 Bonds and Insurance AL 1 $5,000.00 $5,000.00 $20,774.00 $20,774.00 $15,000.00 $15,000.00 $13,830.00 $13,830.00 B1 Fire Station No. 1 Complete Lump Sum LS 1 $80,250.00 $80,250.00 $108,989.00 $108,989.00 $89,000.00 $89,000.00 $141,405.00 $141,405.00 B2 Fire Station No. 5 Complete Lump Sum LS 1 $9,500.00 $9,500.00 $22,578.00 $22,578.00 $98,000.00 $98,000.00 $44,550.00 $44,550.00 B3 Fire Station No. 7 Complete Lump Sum LS 1 $66,500.00 $66,500.00 $88,963.00 $88,963.00 $96,000.00 $96,000.00 $115,380.00 $115,380.00 B4 Fire Station No. 8 Complete Lump Sum LS 1 $55,500.00 $55,500.00 $79,617.00 $79,617.00 $78,000.00 $78,000.00 $110,450.00 $110,450.00 B5 Fire Station No. 9 Complete Lump Sum LS 1 $49,500.00 $49,500.00 $80,135.00 $80,135.00 $67,000.00 $67,000.00 $105,815.00 $105,815.00 B6 Fire Station No. 10 Complete Lump Sum LS 1 $49,900.00 $49,900.00 $79,487.00 $79,487.00 $67,000.00 $67,000.00 $105,895.00 $105,895.00 B7 Fire Station No. 12 Complete Lump Sum LS 1 $50,975.00 $50,975.00 $80,207.00 $80,207.00 $67,000.00 $67,000.00 $109,480.00 $109,480.00 C1 Unforseen Conditions AllowanceAL 1 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 C2 Permit Allowance AL 1 $3.600.00 $3,600.00 $3.600.00 $3.600.00 $3,600.00 $3.600.00 $3,600.00 $3.600.00 Sub Totals $412,725.001 $623,422.00 $641,600.00 $825,705.00 Grand Total $4125725.001 $623,422.00 $641,600.00 $825 705.00 Fire Station Generator Encumberance Breakdown STATION# PROJECT# ORIGINAL BUDGET TOTALS FINAL TOTALS Fire Station No. 1 Complete Lump Sum 18180T $ 69,057.00 $ 87,478.57 Fire Station No. 5 Complete Lump Sum 18180F $ - $ 16,728.57 Fire Station No. 7 Complete Lump Sum 18180H $ 62,572.00 $ 73,728.57 Fire Station No. 8 Complete Lump Sum 181801 $ 55,672.00 $ 62,728.57 Fire Station No. 9 Complete Lump Sum 18180J $ 87,813.00 $ 56,728.57 Fire Station No. 10 Complete Lump Sum 18180R $ - $ 57,128.57 Fire Station No. 12 Complete Lump Sum 18180U $ 62,156.00 $ 58,203.57 TOTALS $ 337,270.00 $ 412,725.00 $ 75,455.00 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180T Project Name Fire St.1 Emergency Generator t Type Reconditioning-Asset Longevit Department Fire Department J Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe f Status Active Description Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 1. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is size d in accordance with the existing,and undersized, stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment.Note: The existing unit which still works and has considerable remaining service life,would be relocated to Old Station 5/Hazmat Central to replace its non-functioning generator. Justification The ambulances carry medications that need an air-cooled environment or the medications will be ruined. These ambulances need to be plugged into electrical source while unit is in the station. These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 65,961 65,961 Inspection 2,638 2,638 Design 7,756 7,256 Contingency 3,096 3,096 Engineering Svc 2,000 2,000 Admin Reimbursement 1,000 1,000 Total 7,756 74,695 82,451 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 7,756 74,695 82,451 Tom 7,756 74,695 82,451 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 495 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180H Project Name Fire Station #7 Emergency Generator t Type Equipment Department Fire Department J Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety f Status Active Description Replace and upgrade the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 7. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is sized in accordance with the existing,and undersized,stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations. The ambulances must be plugged in to run the a/c unit due to the storage of medications on the unit. Expenditures 2019 2020 2021 2022 2023 Total Inspection 2,312 2,312 Design 6,357 6,357 Contingency 5,780 5,780 Capital Equipment 56,792 56,792 Engineering Svc 200 800 1,000 Total 6,557 65,684 72,241 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 6,557 65,684 72,241 Tom 6,557 65,684 72,241 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 498 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 181801 Project Name Fire St.8 Emergency Generator R Type Reconditioning-Asset Longevit Department Fire Department Useful Life 25 years Contact Fire Chief --- Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe NO&W Status Active Description Replace and upgrade the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 8. The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations. The ambulances must be plugged in to run the air due to the storage of medications on the unit. The stations need to have the ale connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications that need to in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers.Firefighters and employees will not be able to rehab properly between emergency calls and other work duties which can lead to injury and illness. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is sized in accordance with the existing,and undersized,stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 51,520 51,520 Inspection 2,061 2,061 Design 5,668 5,668 Contingency 4,152 4,152 Engineering Svc 200 800 1,000 Total 5,868 58,533 64,401 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 5,868 58,533 64,401 Total 5,868 58,533 64,401 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 500 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 18180J Project Name Fire St.9 Emergency Generator/HVAC upgrades Type Reconditioning-Asset Longevit Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe Status Active Description Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 8. The building will require equipment upgrades and/or alterations to HVAC systems in order to have all systems functions efficiently and meet current code requirements. Replace the split unit air conditioner. The HVAC closet layout and connections to ductwork need to be redesigned in order to allow for future maintenance and service.HVAC technician will need to investigate inside of all ductwork to determine if it has deteriorated and in need of replacement or if it can be professional cleaned. if needed,replace all ductwork and registers. Remove window unit and seal opening properly.Replace both bathroom exhaust fans.Replace and upgrade the current stand-by electrical ,generator distributions stem including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 9. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications that need an air-cooled environment or the medications will be ruined. These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 82,557 82,557 Inspection 3,302 3,302 Design 9,082 9,082 Contingency 5,256 5,256 Engineering Svc 1,000 2,000 3,000 Total 10,082 93,115 103,197 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 10,082 93,115 103,197 Tom 10,082 93,115 103,197 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 502 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180MA Project Name Fire St.12 Emergency Generator t Type Equipment Department Fire Department J Useful Life 10 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety f Status Active Description Project will consist of replacement and upgrade to the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 12.Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 12.The fire stations are 24/7/365 facilities that firefighters respond from. The ambulances must be plugged in to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,hazmat supplies,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The existing stand-by generator is not of sufficient size. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 56,500 56,500 Inspection 2,266 2,266 Design 6,215 6,215 Contingency 5,656 5,656 Total 6,215 64,422 70,637 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 6,215 64,422 70,637 Tom 6,215 64,422 70,637 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 505 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180T Project name Fire St.1 Emergency Generator - Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition Status Active Description Replace and upgrade the current stand-by electrical generator system in order to include additional building loads such as HVAC at Fire Station 1. The existing stand-by generator is not of sufficient size to provide emergency power to all preferred loads within the fire station.This includes the HVAC system.Note:The existing unit which still works and has considerable remaining service life,would be relocated to Station 5/Hazmat Central to replace its non-functioning generator. Justification The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These ambulances need to be plugged into electrical source while unit is in the station.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 87,479 87,479 Inspection 2,638 2,638 Engineering Svc 2,000 2,000 Admin Reimbursement 1,000 1,000 Total 93,117 93,117 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 93,117 93,117 Total 93,117 93,117 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 1818OF Project Name Fire St.5 Emergancy Generator p Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief I� Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description The existing stand-by electrical generator from Fire Station 1 which still works and has considerable remaining service life will be referbished and relocated to Fire Station 5.The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city em to ees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 16,728 16,728 Inspection 1,250 1,250 Engineering Svc 500 500 Total 18,478 18,478 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 18,478 18,478 Total 18,478 18,478 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180H Project name Fire SO Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 73,728 73,728 Inspection 2,312 2,312 Design 6,357 6,357 Engineering Svc 200 800 1,000 Total 6,557 76,840 83,397 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 6,557 76,840 83,397 Total 6,557 76,840 83,397 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 181801 Project name Fire St.8 Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief . a Category Building Rehabilitation Priority 2 Critical-Asset Condition ;. Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 62;728 62,728 Inspection 23061 2,061 Design 5,668 5,668 Engineering Svc 200 800 1,000 Total 5,868 65,589 71,457 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 5,868 65,589 71,457 Total 5,868 65,589 71,457 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180J � Project Name Fire SO Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition Status PriorActive Description Total Project Cost: Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 56,729 56,729 Inspection 3,302 3,302 Design 9,082 9,082 Engineering Svc 1,000 2,000 3,000 Total 10,082 62,031 72,113 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 10,082 62,031 72,113 Total 10,082 62,031 72,113 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 2024 City of Corpus Christi, Texas Project# 1818OR — Project Name Fire St.10 Emenrgancy Generator Type Equipment Department Fire Department ' Useful Life 25 years Contact Fire Chief _ Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active „ Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 57,128 57,128 Inspection 2,266 2,266 Design 5,235 5,235 Engineering Svc 1,000 1,000 Total 5,235 60,394 65,629 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 5,235 60,394 65,629 Total 5,235 60,394 65,629 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 1818OU �s Project Name Fire St.12 Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 58,203 58,203 Inspection 2,266 2,266 Design 6,215 6,215 Engineering Svc 800 800 Total 6,215 61,269 67,484 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 6,215 61,269 67,484 Total 6,215 61,269 67,484 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Charles Mendoza, Deputy Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, CPA, Director of Finance heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Museum of Science & History- Cooling and Heating CAPTION: Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. SUMMARY: This item awards a construction contract for the Museum of Science & History MEP (Mechanical, Electrical & Plumbing) Improvements. The project scope consists of replacing the hot and chilled water system, including the boilers, associated pumps, and the entire hot and chilled water piping system. BACKGROUND AND FINDINGS: The Corpus Christi Museum of Science and History was established in 1952 and is located in the Sports, Entertainment, and Arts (S.E.A.) district of the City. The Museum serves over 100,000 visitors and promotes history, science exploration, and educational programming. The Museum is also the repository for hundreds of thousands of artifacts and historically significant items in its nearly 100,000 sq. ft. facility. The museum operates year-round, and the City is responsible for all maintenance and repairs to the museum facilities. The existing boiler and pumps have failed on multiple occasions, severely impacting HVAC capabilities which presents risks to the building and contents inside. Water leaks, climate control, and humidity control have been common issues. The City has made many attempts to repair and extend the piping system's life, but the mechanical systems' have exceeded the maintainable life cycle of approximately 20 to 25 years. The boiler and piping systems must be replaced to prevent further water damage to the building. The new HVAC system will resolve the issues that the Museum of Science and History have been facing and will improve energy efficiency. City procured Bath Engineering to redesign the boiler and the entire hot and chilled water piping system. The design includes upgrades to maintain HVAC piping water quality. The project will be completed in a manner that there is a reduced impact and downtime on museum operations. The new design will mitigate risk to the many priceless exhibits currently in danger on display in the facility. PROJECT TIMELINE: 1 April — June Construction Project schedule reflects City Council award in April 2021 with anticipated completion in 120 days by June 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on January 6, 2021 and received one bid. The bidder was non-responsive. As a result, the Contracts and Procurement Department issued a second Request for Bids on February 24, 2021. The City received bids from 3 bidders. The City analyzed the bids in accordance with the contract documents and determined Pro Tech Mechanical is the lowest responsive and responsible bidder. BID SUMMARY CONTRACTOR BASE BID Pro Tech Mechanical $1,427,351.00 Malek, Inc $1,495,397.00 Texas Chiller Systems $1,519,379.00 Engineer's Opinion of Probable Construction Cost $1,598,500.00 Pro Tech Mechanical has previously completed work for the City such as the Selena Auditorium Air Handling Unit replacement and chilled water pump addition and the Greenwood WWTP HVAC system Replacement Work. ALTERNATIVES: City Council could reject the bids and provide direction to re-advertise, which is not likely to produce a better value. The City can request that Bath Engineering alter the design before re-advertising to better target available funds. Either of those options will delay the project, which has already experienced several delays, emergency repairs, and severe water leaks in the piping systems. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of$1,427,351.00 with $1,110,000.00 funding available from the 2021 Facility Maintenance Capital Fund and $317,351.00 from 2014 Energy Public Property Finance Capital Fund. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the Museum of Science and History-Cooling & Heating project (21019) is planned for FY 2021. The FY 2021 CIP expenditures shows $110,000 was budgeted for design, $1,000,000 for construction cost and $100,000 for contingency.The CIP shows a construction expenditure shortfall of$327,351.00. The shortfall in funding for the project will be funded with the 2014 Energy Public Property Funds. The 2014 Energy Public Property Funds can be used for energy efficiency projects only. The 2014 Energy Public Property Funds are the remaining funds from previous projects. Initially the Museum of Science and History-Cooling & Heating project was designed with the 2014 Energy Public Property Funds. There is $341,931 remaining in the 2014 Energy Public Property Funds that can be utilized to fund the Museum of Science and History-Cooling & Heating project. The expenditures shown in the CIP are revised to show funding information. Attached is the amended CIP page. Fund: Energy 2014 Fund (Fund 3163) Mission Elem: City Buildings and Facilities (191) Project: Museum of Science & History - Cooling & Heating (21019) Account: Construction (550910) Activity: 21019-3163-EXP Amount $317,351.00 Fund: Facility Maintenance 2021 CIP Fund (Fund 3166) Mission Elem: City Buildings and Facilities (191) Project: Museum of Science & History - Cooling & Heating (21019) Account: Construction (550910) Activity: 21019-3166-EXP Amount $1,110,000.00 RECOMMENDATION: Staff recommends awarding a construction contract for Museum of Science & History-Cooling and Heating. Improvements to Pro Tech Mechanical. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Contract Bid Tabs Current and Draft CIP Pages Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate $317,351 .00 from Fund 3163 and increase revenues and expenditures by $317,351 .00. SECTION 2. The City Manager or designee is authorized to execute a contract with Pro Tech Mechanical, Corpus Christi, Texas in an amount not to exceed $1 ,427,351.00 for the Museum of Science & History Mechanical, Electrical and Plumbing Improvements Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor -:27a PROJECT LOCATION N SCALE: N.T.S. Doyle Q l v B J tl r ortl°nd LOCATION MAP NOT TO SCALE NUECES BAY p oRRI�R z o CORPUS CHRISTI SHIP C o �OjDgRp ti LEOPARD O a i as s INTERNTIOHRISTI F M 0 286 ' PROJECT L O CAT I O N AIRPORT 0 v R 358 < l z '7; C`gti N W 9 N N ° par �O� q TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 d� TOGq CABANISS „� Z OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as ° p° FLOUR BLUFF e r 358 286 4 Qac, o pr � 4 Q- 2444 Rio VP ars 0 LOCATION MAP NOT TO SCALE PROJECT NUMBER: 21019 Museum of Science & History CITY COUNCIL EXHIBIT MEP Upgrades CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES ° 1 4-7 m s N SCALE: N.T.S. ♦%b Project Location ' r ti �R = f IA (n + , SCh tow %A00- A% A Project Number: 21019 _ VICINITY MAP f NOT TO SCALE • Museum of Science & History CITY COUNCIL EXHIBIT MEP Upgrades CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES RE-BID MUSEUM OF SCIENCE AND HISTORY M.E.P UPGRADES Bid Opening 02/24/2021 Pro Tech Mechanical Malek Inc. Texas Chiller Systems Item Description Unit I Quantity Unit Price Total 77777-F Total Unit Price Total Al Mobilization and Demobilization(Not to exceed 1 $61,804.00 $61,804.00 $62,000.00 $62,000.00 $90,654.00 $90,654.00 5%) LS A2 Bonds and Insurance AL 1 $22,858.00 $22,858.00 $31,128.00 $31,128.00 $22,500.00 $22,500.00 Sub Totals $84,662.00 1 $93,128.00 $113,154.00 B1 Demolition of Boiler/Pump/Mech Room Piping 1 $11,546.00 $11,546.00 $30,000.00 $30,000.00 $16,180.00 $16,180.00 LS B2 Demolition of Chilled Water Pumps/Mech Room 1 $6,229.00 $6,229.00 $15,000.00 $15,000.00 $10,180.00 $10,180.00 Piping LS B3 Demolition of Piping in Museum LS 1 $17,002.00 $17,002.00 $15,000.00 $15,000.00 $31,500.00 $31,500.00 B4 Provide Natural Gas BoilersNents 1 $120,462.00 $120,462.00 $150,656.00 $150,656.00 $6,090.00 $6,090.00 LS B5 Provide Chilled/Heating Water Pumps,VFDs, 1 $164,198.00 $164,198.00 $60,000.00 $60,000.00 $34,900.00 $34,900.00 Accessories LS B6 Provide Heating Water Piping/Insulation in 1 $79,729.00 $79,729.00 $158,000.00 $158,000.00 $126,875.00 $126,875.00 Mech Room LS B7 Provide Chilled Water Piping/Insulation in Mech 1 $101,038.00 $101,038.00 $305,887.00 $305,887.00 $135,125.00 $135,125.00 Room LS B8 Provide Chilled/Heating Water Piping/Insulation 1 $370,849.00 $370,849.00 $250,456.00 $250,456.00 $570,386.00 $570,386.00 on Roof LS B9 Provide Chilled/Heating Water Piping above 1 $179,218.00 $179,218.00 $140,000.00 $140,000.00 $180,210.00 $180,210.00 Ceiling LS Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total B10 Provide/Modify Controls LS 1 $77,194.00 $77,194.00 $50,000.00 $50,000.00 $54,398.00 $54,398.00 B11 Provide Chemical Treatment LS 1 $2,898.00 $2,898.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 B12 Provide Natural Gas Piping System 1 $1,596.00 $1,596.00 $20,000.00 $20,000.00 $7,500.00 $7,500.00 LS B13 Electrical Demolition in Mech Room 1 $11,013.00 $11,013.00 $6,000.00 $6,000.00 $15,120.00 $15,120.00 LS B14 Install DisconnectsNFD LS 1 $21,253.00 $21,253.00 $60,000.00 $60.000.00 $25.511.00 $25.511.00 Sub Tota is $1,164,225.00 $1,265,999.00 $1,221,475.00 Part C-Roofing C1 Roofing Repair/Modification LS 1 $87,464.00 $87,464.00 $45,270.00 $45,270.00 $93,750.00 $93,750.00 Sub Totals $87,464.00 $45,270.00 $93,750.00 D1 Allowance A-Unforseen Conditions 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 AL D2 Allowance B-Permits AL 1 $16,000.00 $16,000.00 $16.000.00 $16,000.00 $16,000.00 $16,000.00 Sub Totals $91,000.00 $91,000.00 $91,000.00 Grand Total $1,427,351.00 $1,495,397.00 $1,519,379.00 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r REQUEST FOR BIDS (" R F B") MUSEUM OF SCIENCE AND HISTORY M.E.P UPGRADES PROJECT: 21019 Contract No. 3296 Y:\00 CONSTRUCTION CONTRACT ADMIN\181736-Pro Tech Mechanical SC 0 � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi(Owner)and Pro Tech Mechanical,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Museum of Science and History MEP Project Number: 21019 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Bath Engineering 5656 S. Staples Street, Suite 110 Corpus Christi, Texas 78411jtabb@bathgroup.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg. #5 Corpus Christi,Tx 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223- 1 21019 Museum of Science& History MEP Rev 7/2020 C. Milestones,and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $1,427,351.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 21019 Museum of Science& History MEP Rev 7/2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 21019 Museum of Science& History MEP Rev 7/2020 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 21019 Museum of Science& History MEP Rev 7/2020 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 21019 Museum of Science& History MEP Rev 7/2020 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) PRO TECH MECHANICAL, INC. (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1622 Saratoga Blvd. Financial Officer Address Corpus Christi Texas 78417 City State Zip 361-882-2101 N/A Phone Fax tiffany@protechmech.com Email END OF SECTION Agreement 005223-6 21019 Museum of Science& History MEP Rev 7/2020 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested pan es. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-738476 Pro Tech Mechanical Inc. Corpus Christi,TX United States Date Filed: 2 Name of govemmental entity or state agency that is a party tot the contract for which the form is0411412021 being filed. City of Corpus Christi ]Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 21019 Museum of Science MEP Upgrades Nature of interest 4 Name of Interested PartyCity,State,Country(Place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name isYA 6and my date of birth is My address is _ �,sfl-71Y_� ..--� . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1J t + ___.... County, State of on the day of 20 __. ( nth) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a 00 30 01 BID FORM Project Name: Museum of Science and History MEP Project Number: 21019 Owner: City of Corpus Christi OAR: Designer: Bath Engineering By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Pro Tech Mechanical,Inc. (full legal name of Bidder) Signature: x �� a (signature of person with authority to bind the Bidder) Name: Mike Richter (printed name of person signing Bid Form) Title: Vice President (title of person signing Bid Form) Attest: la (signature) State of Residency: Texas Federal Tx ID No. 74-2957881 Address for Notices: Pro Tech Mechanical, Inc. 1622 Saratoga Blvd. Corpus Christi TX 78417 Phone: 361-882-2101 Email: tiffan @ rotechmech.com Bid Form 00 30 01-Page 1 of 6 Museum of Science and History MEP/21019 Rev 8/2019 00 30 Ol BID FORM Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EX'T'ENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization and Demobilization (Not to exceed 5%) LS 1 61,804 61,804 A2 Bonds and Insurance AL 1 22,858 22,858 84,662 SUBTOTAL PART A-GENERAL(Items Al thru A2) Part 8-MECHANICAUELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Demolition of Boiler/Pump/Mech Room Piping LS 1 11,546 11,546 B2 Demolition of Chilled Water Pumps/Mech Room Piping LS 1 6,229 6,229 B3 Demolition of Piping in Museum LS 1 17,002 17,002 84 Provide Natural Gas Boilers/Vents LS 1 120,462 120,462 B5 Provide Chilled/Heating Water Pumps,VFDs,Accessories LS 1 164,198 164,198 B6 Provide Heating Water Piping/insulation in Mech Room LS 1 79,729 79,729 LS 1 101,038 101,038 B7 Provide Chilled Water Piping/insulation in Mech Room LS 1 370,849 370,849 B8 Provide Chilled/Heating Water Piping/insulation on Roo# LS 1 B9 Provide Chilled/Heating Water Piping below Ceiling 179.218 179,218 B10 Provide/Modify Controls L5 1 77,194 77,194 B11 Provide Chemical Treatment LS 1 2,898 2,898 B12 Provide Natural Gas Piping System LS 1 1,596 1,596 813 Electrical Demolition in Mech Room LS 1 11,013 11,013 B14 InstallDisconnects/VFD LS 1 21,253 21,253 1,164,225.00 SUBTOTAL PART B-MECHANICAL/ELECTRICAL(Items B1 thru B14) Part C-ROOFING(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Bid Form 00 30 01-Page 2 of 6 Museum of Science and History MEP/21019 Rev 8/2019 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT C1 Roofing Repair/Modification LS 1 87 464 87,464 SUBTOTAL PART C-ROOFING(Item Ci) 87,464 Part D-ALLOWANCES(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Allowance A-Unforseen Conditions AL 1 $ 75,000.00 D2 Allowance B-Permits AL 1 $ 16,000.00 SUBTOTAL PART D-ALLOWANCES(Dl THRU 132) $ 91,000.00 BID SUMMARY TOTAL PROJECT BASE BID(PARTS A THRU D) 1,427,351.00 Bid Form 00 30 01-Page 3 of 6 Museum of Science and History MEP/21019 Rev 8/2019 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 21019 Project Name Museum of Science and History-Cooling &Heating Type Improvement/Additions Department Public Facilities of N�E snl 4STORY Useful Life 10 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe Status Active Description Project will replace the chilled and heating water piping at the Museum of Science facility. Remove all existing chilled and heating water piping, and install new piping. Work will include connections to air handlers,VAV box coils,and control devices. Piping will be a combination of PP- R,steel,and copper material. Justification To provide an adequate cooling and heating system for the facility. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,000,000 1,000,000 Inspection 99,440 99,440 Design 110,000 110,000 Contingency 100,000 100,000 Engineering Svc 33,000 33,000 Total 1,342,440 1,342,440 Funding Sources 2019 2020 2021 2022 2023 Total Certification of Obligation 1,342,440 1,342,440 Tom 1,342,440 1,342,440 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 456 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project 4 21019 Project Same Museum of Science and History-Cooling &Heating and HIST�IRY = ° Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition r Status Active Description The project scope consists of replacing the hot and chilled water system,including the boilers,chillers,associated pumps,and the entire hot and chilled water piping system. Work will include connections to air handlers,VAV box coils,and control devices. Piping will be a combination of PP-R,steel,and copper material. Justification The existing boiler and pumps have failed on multiple occasions,severely impacting HVAC capabilities and presents risks to the building and contents inside.Water leaks,climate control,and humidity control have been common issues during the boiler and piping systems design which can greatly affect the museum's artifacts. The design will resolve the problems the Museum of Science&History is facing and improve energy efficiency. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 1,427,351 1,427,351 Design 63,645 63,645 Contingency 100,000 100,000 Engineering Svc 114,200 114,200 Admin Reimbursement 42,820 42,820 Tom 63,645 1,684,371 1,748,016 Funding Sources 2020 2021 2022 2023 2024 Total Certification of Obligation 1,342,440 1,342,440 Energy Public Property Finance 633645 341,931 405,576 Total 63,645 1,684,371 1,748,016 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Assets Management will continue budgeting annually for ongoing maintenance of the entire facility. .gyri cr� o� 0 t � NoAPORpYEo AGENDA MEMORANDUM xs52 First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Kevin Norton, Director of Utilities kevi n n(a)-cctexas.com (361) 826-1874 Construction Change Order O.N. Stevens Water Treatment Plant High Service Building No. 3 CAPTION: Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of$427,951.25 for a total restated fee of $23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. SUMMARY: This ordinance authorizes approval of Change Order Number 24 to a construction contract to provide additional repairs associated with the O.N. Stevens Water Treatment Plant High Service Pump Building Number 3 project. The work includes repairing localized cracks observed in the existing Clearwell #1 roof where water is entering the clearwell from the exterior of the tank. The roof repairs include a five-year warranty. BACKGROUND AND FINDINGS: In August 2016, City Council awarded a construction contract to PLW Cadagua Partners to build the new High Service Building No. 3 and other associated improvements. The project base bid scope included replacement of the existing High Service Pump Bldg. No.1 , with a new 12,700 square foot High Service Pump Building No.3 and rehabilitation of High Service Building No. 2 to provide consistency and facilitate maintenance between both High Service No. 2 and the new High Service No. 3 pump stations. The existing High Service Pump Bldg. No.1 was placed into service over 60 years ago and is experiencing severe deterioration impacting its service reliability and capacity. The High Service Pump Bldg. No.1 is an integral part of Clearwell #1 and sits directly above a portion of the clearwell. The clearwell structure has begun to deteriorate due to its continuous exposure to a corrosive chlorine environment and concentrated loads. The deterioration has resulted in critical structural failures along with substantial leaks. The most notable structural failures are significantly settled roof support column, leaking expansion joints, and foundation and wall cracking. Most of the failures seem to be a result of the cracks, expansion joints, and construction joints leaking and allowing water to erode the soil supporting the foundation. The base bid scope of this project included rehabilitation to address the above scope. However, while performing the inspections to the contracted work, the contractor noticed localized cracks in the interior of the Clearwell #1 roof where rainwater was entering the clearwell from the exterior. As a result, Clearwell #1 is not in compliance with the Texas Commission on Environmental Quality (TCEQ) requirements. Therefore, it is imperative that the roof be repaired. This represents the additional scope of work for the proposed Change Order Number 24. The leakage in the Clearwell #1 is a violation of the TCEQ. With assistance from the design consultant, Ardurra, staff researched options to repair the clearwell roof and stop the leakage. The City received four options for repairs: 1. Tremco Roofing - point roof repairs with a scheduled two-year scheduled maintenance, 2. Tremco Roofing - complete roof replacement with a 15-year warranty, 3. Tremco Roofing — roof restoration with a five-year warranty, and 4. DN Tanks - exterior roof rehabilitation. The best repair option for the City is Option 3 which also includes interim inspections at two-year intervals. The scope is consistent with the City's Capital Improvement Plan to build a new Clearwell #3 in approximately five years that will replace the existing Clearwell #1 and demolish the High Service Pump Bldg. No.1 This Change Order authorizes PLW Cadagua Partners, who is currently mobilized at the water treatment plant to continue construction up to the additional proposed contract amount. If approved the addition of the 75 calendar days will extend the anticipated construction substantial completion date from April 2021 to June 2021. The new High Service Pump Building No. 3 is currently under construction and once completed will have the capability to deliver treated water to the distribution system from the existing clearwell No. 1, clearwell No. 2 and future programmed addition of clearwell No. 3. Additionally, it will enable the City to decommission High Service Pump Building No. 1. PROJECT TIMELINE: The Change Order Number 24 will authorize an additional 75 calendar days to the construction contract. The anticipated substantial construction completion date of the project is June 2021. ALTERNATIVES: As an alternative to approving this Change Order the City could pursue a new stand-alone construction contract(s). This process would likely result in additional construction cost due to inflation and mobilization. It would also result in possible regulatory fines from TCEQ. FISCAL IMPACT: The fiscal impact for FY2021 is an amount of $427,951.25 with funding available from the Water Fund. The Capital Improvement Program will be amended to include the O.N. Stevens Water Plant High Service Building No. 3 project. FUNDING DETAIL: The project funds are available from project savings from the O.N. Stevens Water Treatment Plant Maintenance and Repair operational account in the Water Fund (#4010) and will be distributed to this project. There are savings in water treatment chemical expenditures, caustic chemical costs were significantly lower this fiscal year. The cost savings were transferred to the Construction account for the Water Fund to provide for the funding needed for this project. Fund: Water Fund 4010 (Fund 4010) Mission Elem: Water Treatment (062) Project: O.N. Stevens Water Treatment Plant High Service Building No. 3 (El 1066) Account: Construction (550910) Activity: E11066-01-4010-EXP Amount $427,951.25 RECOMMENDATION: Staff recommends approval of Change Order No. 24 in the amount of $427,951.25, with PLW Cadagua Partners, to repair localized cracks observed in the existing Clearwell #1 roof at the O.N. Stevens Water Treatment Plant. Construction is anticipated to be substantially completed in June 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Change Order No. 24 CIP Page Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of $427,951.25 for a total restated fee of $23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to add the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project. SECTION 2. The City Manager or designee is authorized to execute Change Order Number 24 with PLW Cadagua Partners, The Woodlands, TX for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project (Project E11066) in an amount not to exceed $427,951 .25. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor " PROJECT LOCATION b SCALE: N.T.S. d VICINITY MAP msr NOT TO SCALE PROJECT LOCATION NUECES RryER 624 AN NAVI LLE vOF F 77 G�TON o OORR/OOR U W z Q o $ tF CORPU Op o qR0 L U a ROBSTOWN z 44 44 CORPUS CHRISTI O INTERNATIONAL Q AIRPORT U 358 Q z N W N N 5 M O�� to 0� 0 LOCATION MAP NOT TO SCALE Project Number: E11066 .... ....... ... .... O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES n '. .�._._.. " 11 r ° IA m � a ' 6 SCALE: N.T.S. m F CLEARWELL #1 uwr H .S PUMP a - . ¢ocl) BLDG . #3 w O.N. STEVENS WATER TREATMENT PLANT ~y P � e yW , 7. v a � � rt r r . o »9 � M u y, d / r M f V „ A AERIAL MAP ►� Project Number: E11066 O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS VONA DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 1&, CHANGE ORDER NO: 24 CHANGE ORDER DATE: 4/14/2021 PROJECT: ONSWTP High Service Bldg.#3 PROJECT NUMBER: E11066 CONTRACTOR: PLW Cadagua Partners ORIGINAL CONTRACT TIME: 1065 CD's ENGINEER: LNV,Inc. Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total RFP 45:RFI 153-Clearwell#1-Roof Repairs 1 Clearwell#1-Roof Repair 1 LS $ 427,951.25 $ 427,951.25 Additional Contract Time due to:Added Scope of Work 75 DAY $ - $ - Additions Total: S 427,951.25 DELETIONS none 1 n/a 0 LS $ - $ - Deletions Total: $ - Additional Calendar Days requested 75 NET TOTAL OF THIS CHANGE ORDER: $ 427,951.25 Why was this Change necessary: This Change Order repairs localized cracks observed in the existing Clearwell#1 roof where water is entering the clearwell from the exterior of the tank and includes a 5-year warranty for the proposed restoration.This additional scope item would be added to the work being performed for the O.N.Stevens Water Treatment Plant(ONSWTP)High Service Pump Building No.3 project. The compensation agreed upon in this Change Order is full,complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown,foreseen or unforseen at this time,including without limitation,any cost for delay,extended overhead,ripple or impact cost,or any other effect on changed or unchanged work as a result ofthis Change Order. Original Contract Amount $ 21,650,000.00 Total Change Order Contingency Amount(25%) $ 5,412,500.00 Remaining Available Contingency Amount(including this CO) $ 3,218,664.95 Previously Approved Change Order Amount $ 1,765,883.80 Proposed Change Order Amount $ 427,951.25 Revised Contract Amount $ 23,843,835.05 Percent of Total Change Orders(including this CO) 10.13% Original Contract Time for Substantial Completion 1065 CD's Notice to Proceed Date 10/3/2016 Original Substantial Completion Date 9/3/2019 Previously Approved Change Order Time 587 CD's Additional Time on This Change Order 75 CD's Revised Contract Time for Substantial Completion 1727 CD's Revised Substantial Completion Date 6/26/2021 REVIEWED BY: Initial Date REQUESTED BY:PEW Cadagua Partners Eng.Proj.Specialist Stephanie Garcia SACT 4/14/2021 Constr.Supervisor Arnie Wojtasczyk ADW 4/14/2021 Constr.Inspector Jim Boyle J.B. 4/14/2021 Constr.Sr.Project Mgr. Victor Vargas V.V. 4/14/2021 Emilio Lopez Pacetti Date Vice President CITY OF CORPUS CHRISTI FUND: 4010-062 n/a ACCOUNT: 53021.5 n/a RECOMMENDED BY: ACTIVITY: E11066-01-4010-EXP n/a Brett Van Hazel Date AMOUNT: $427,951.25 n/a Construction Engineer RECOMMENDED BY: APPROVED BY: Jeffrey Edmonds,P.E. Date Michael Rodriguez Date Director of Engineering Services Chief of Staff RECOMMENDED BY: APPROVED AS TO Eddie Houlihan,Director Date FORM:Kent Mcilyar Date Management and Budget Assistant City Attorney Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# E11066 Project Name ONSWTP High Service Building No.3 Type Improvement/Additions Department Water Department I1 Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 1 Critical-Health&Safety Status Active �� Description This project provides for construction of a new High Service Building as the repair/replacement of existing High Service Building No. 1, including equipment,is not feasible nor cost effective. This project will replace four(4)existing tilting disc check valves(TDCVs)and all existing Multiline Motor protection relays(MRP)at High Service Building 92 to provide consistency and facilitate maintenance between both High Service No.2 and High Service No.3 Pump Stations as well as provide repairs to the roof of Clearwell 1. New High Service Building No. 3 will have capability to deliver treated water to distribution system from existing Clear-well No. 1,Clear-well No.2 and future programmed Clearwell No3. Completion of this project will enable the City to decommission and take High Service Building No. 1 out of service. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp.55-57;Water Master Plan Constructing a new High Service Building No.3 will allow the plant to continue uninterrupted treated water delivery and have the ability to operate with new elevated storage tanks that are planned in compliance with Texas Commission on Environmental Qualities Alternative Capacity Requirement(ACR). Prior Expenditures years 2021 2022 2023 2024 Total Construction/Rehab 23,415,884 427,951 23,843,835 Testing 113,951 113,951 Design 3,535,316 3,535,316 Other 923 923 Engineering Svc 451,155 34,236 485,391 Admin Reimbursement 239,813 12,839 252,652 Total 27,757,042 475,026 28,232,068 Prior Funding Sources years 2021 2022 2023 2024 Total Revenue Bonds 27,757,042 27,757,042 Water Fund 475,026 475,026 Total 27,757,042 475,026 28,232,068 Budget Impact/Other 71 There is no projected operational impact.On-going maintenance costs are budgeted. so GO O� U NCOHP00.Pt' 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11 , 2021 DATE: April 16, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 Approval for the resale of 18 foreclosed properties CAPTION: Ordinance authorizing the resale of 18 properties for $111 ,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. SUMMARY: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If no one is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, place a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 18 properties at the bid prices listed in Exhibit B. Each of the 18 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiatives (ESI), Grant Monitoring, Parks and Recreation, and the Homeless and Housing Division of the Human Resources Department for potential City use. No properties were identified to be pulled. Winning bids were submitted on five properties by Carrvino Development, LLC, eight properties by Thanksgiving Homes, and five properties by an individual. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off outstanding court costs. These costs are associated with the underlying lawsuits. The remaining funds are then applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: Not approving the ordinance to move forward with the sale of the properties. FISCAL IMPACT: The City will receive $12,528.58 in delinquent tax revenue for the sale of the properties and an additional $19,833.80 for partial payment of demo liens, for a total of $32,362.38 in revenue. However, the $32,362.38 in net proceeds from the sale are first applied to pay off the outstanding court cost and then to reimburse the City its pro rata share of unpaid demo liens. For the demo liens, depending on the source of the expense, the proceeds will either be deposited into the City's General Fund or the CDBG grant fund associated with the expense. In addition, this sale will restore $353,724.00 in taxable property value to the tax rolls. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Breakdown of Tax Resale Property Lists Letter from Linebarger, Goggan, Blair & Sampson, LLP Ordinance Ordinance authorizing the resale of 18 properties for $111,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 18 properties listed on the attached and incorporated Exhibit A for $111 ,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paula M. Guajardo City Secretary Mayor DISTRIBUTION OF PROCEEDS FROM PROPOSED TAX RESALE OFFERS ITEM TAX ACCOUNT PROPERTY ADDRESS AMOUNT OF NUECES CITY OF CC CC PAVING& CCISD TULOSO DEL MAR COSTS OF TAXABLE NO. NUMBER OFFER COUNTY DEMO MIDWAY SALE VALUE 2170 2277-0006-0220 3025 GREENWOOD $1,000.00 $0.00 $0.00 $686.67 $0.00 $0.00 $313.33 $6,745.00 2171 8409-0010-0150 2841 MARY ST $2,500.00 $72.10 $84.20 $0.00 $180.81 $36.39 $2,126.50 $7,813.00 2241 7891.0006-0250 805 ELEANOR $500.00 $0.00 $0.00 $142.95 $0.00 $0.00 $357.05 $2,998.00 2244 8529-0001-0070 2513 MARY ST $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $9,375.00 2261 5324-0001-0025 1022 25TH ST $4,000.00 $104.90 $135,04 $1,597.11 $281.80 $57.66 $1,823.50 $12,031.00 2272 7634-0003-0460 704 FRANCESCA $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $3,125.00 2298 8289.0014.0240 4846 FRANKLIN $4,500.00 $227.51 $308.24 $584.48 $634.43 $130.84 $2,614.50 $6,875.00 2309 9307-0010-0130 2313 MARY ST $3,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $9,375.00 2310 4570-0004-0100 1505 COAHUILA $2,200,00 $32.80 $40.04 $87.20 $84.26 $17.20 $1,938.50 $5,616.00 2319 4740.0006-0050 1129 GOLLA DR $4,500.00 $96.17 $111.14 $1,032.21 $236.74 $49.24 $2,974.50 $7,087.00 2345 2451-1303-0470 163016TH ST $4,500.00 $274.69 $372.16 $705.69 $765.99 $157.98 $2,223.50 $7,813.00 2346 4007-0002-0130 3007 RUTH ST $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $5,625.00 2348 7891-0005-0380 814 ELEANOR $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $3,125.00 2367 9313-0000-0240 829 OMAHA DR $4,500.00 $206.40 $248.69 $1,132.08 $252.44 $107.89 $2,552.50 $7,436.00 2373 0072-0010-0130 3601 STINSON $15,500.00 $2,458.66 $2,724.95 $0.00 $6,215.93 $1,129.46 $2,971.00 $50,334.00 2375 2996-0001-0310 4738 BLACKJACK $25,000.00 $2,799.23 $3,695.34 $5,402.36 $7,634.39 $1,601.68 $3,867.00 $90,947.00 2376 3416-0007-0110 2617 Mc CAIN DR $16,000.00 $1,084.07 $1,224.65 $7,103.44 $2,966.35 $525.99 $3,095.50 $35,825.00 2378 4188-0003-0080 829 LANTANA ST $20,000.00 $2,714.48 $3,584.13 $1,359.61 $7,413.54 $1,549.74 $3,378.50 $81,579.00 TOTALS $111,700.00 $10,071.01 $12,528.58 $19,833.80 $23,700.33 $2,966.35 $5,364.07 $37,235.88 $353,724.00 LINEBARGER GOGGAN HAIR AND SAMPSON,LLP March 31,2021 EXHIBIT B TAX RESALE PROPERTY LIST F1CiTy's Portion of Item# Suit Number Property Location Amount of Bid CiTy's Portion CiTy Paving and Demo Liens 1 2170 2014DCV-2777-G 3025 Greenwood $1,000.00 $0.00 $686.67 2 2171 2015FVB-1844-B 2841 Mary St. 2,500.00 $84.20 $0.00 3 2241 2013DCV-2615-H 805 Eleanor 500.00 $0.00 $142.95 4 2244 04-5798-A 2513 Mary St. 2,000.00 $0.00 $0.00 5 1 2261 2015DCV-2870-C 1022 25th St. 4,000.00 $135.04 $1,597.11 6 2272 2015DCV-2902-C 704 Francesca St. 500.00 $0.00 $0.00 7 2298 201ODCV-4192-E 4846 Franklin St. 4,500.00 $308.24 $584.48 8 2309 201lDCV-2517-E 2313 Mary St. 3,000.00 $0.00 $0.00 9 1 2310 2012DCV-0852-E 1505 Coahuila St. 2,200.00 $40.04 $87.20 10 2319 2012DCV-3752-H 1129 Golla Dr. 4,500.00 $111.14 $1,032.21 11 2345 2015DCV-2279-H 1630 16th St. 4,500.00 $372.16 $705.69 12 2346 2016DCV-5493-H 3007 Ruth St. 1,000.00 $0.00 $0.00 13 2348 211DCV-2181-C 814 Eleanor 500.00 $0.00 $0.00 14 2367 2015DCV-2817-E 829 Omaha Dr. 4,500.00 $248.69 $1,132.08 15 2373 10-1224-D 3601 Stinson 15,500.00 $2,724.95 $0.00 16 2375 2015DCV-5600-B 4738 Blackjack Pl. 25,000.00 $3,695.34 $5,402.36 HM 2016DCV-2007-A 2617 McCain Dr. 16,000.00 $1,224.65 $7,103.44 2016DCV-6296-H 829 Lantana St. 20,000.00 $3,584.13 $1,359.61 Total S 111.700.00 S 12.52R.SS S 19.833.80 LINEBARGER GOGGAN BLAIR& SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. O. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 -FAX March 31, 2021 Heather Hurlbert, Director Of Finance and Business Analysis City of Corpus Christi P.O. Box 9.257 Corpus Christi, Texas 78469-9257 Re: Consideration of offers received for Tax Resale Properties Dear Heather, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount,the property is"Struck Off'to the Nueces County taxing entities for the amount due against it. A Sheriff s Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties,and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in compliance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for seventeen tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for consideration and action at their next available regular meeting.If the Council approves all 18 offers as submitted, the City will receive $12,528.58 in delinquent tax revenue, $19,833.80 in payment of Demo liens, and restore as much as $353,724.00 in taxable property value to the tax rolls. We have received multiple offers for several of the properties. If the City Council approves the offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities.This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure,it is spelled out in the terms of sale on the Tax Resale Offer Form,which they fill out and sign to submit their offers. If you need any further information regarding these offers,please contact me anytime.My e- mail address is marvinlnlgbs.com, my direct office number is (361) 760-0106, and my cellphone number is (361) 443-1965. Thanks for your help. Sincerely, Marvin Leary Area Manager Enclosures: Bid analyses and maps for 18 tax resale properties � N N N N N N N N N N N N N N N N N N Z Z O W w W w W W W w w W w N N N N N O m ryl V V V V m4�1 4�-- A N N O 1,0 V m .P .P V V D Oo m In w V m m Ul l0 O lD w N F, A O a G z n' W N O lD V A N .P A 1.0 W V In W V W N Z � F-' .P l0 O W 00 O -P V Ln W N m w (n W A N C: D 00 lD V lD O In 4h V O W W N N l0 O V x O oo m m N w F �l I" 0 0 V lD -P � lD F� W � K D O 0 0 0 0 0 0 0 F- 0 0 0 0 0 0 0 0 0 0 00 n G) O O O O O O O w 0 0 0 0 0 0 0 0 0 0 m r) G) O O O F-' 0 0 0 0 0 CD 1, F� O O O O F-� O z 0 w V F, O O In N W m 1� 04�:- W I--' N m O m Z O O O O O O O O O O O O O O O O O O z QJ w N F' w A W w v On O W Am rl) OV Ln U9 N n O O O O O O O O O O O O O U, O O O O w N A w w m W F� N 4h V F, N w N W a N m V m N O m F, In W w O O U9 O w O �u l0 F, W O l0 4�:- O W N O F-' A A N F� In � N O r V 00 �-a O m V O w U'I W m T N W m Ln -0 zr- E: m � rn00 > = > Ull > M 70 a � ^ D D D D D D Z D D D m zn f1 Z Z S r ; S Z m D O D O N In D C Ln N cn N O N ZC D O ;10 > Z n Z r --I Z C7 -I ; G 0 z � D D 0 m rN N GO qj)- D C N F� V} V)- V) t/� ih V)- i/F VA V? V} N O m lJ1 U'I P - tr� � O O V OO O O O O O O O O O O O O O O O O O O O U9 cn Ul O In In N O Ul Um O O In in O O Z z O O O O O O O O O O O O O O O O O O O O T � O O O O O O O O O O O O O O O O O O O m O O O O O O O O O O O O O O O O O O O O O x m -n ih O in- NJ `I-, N N V} tj)- tn. i/} Q Z O O V O -,A �A N N V)- VF N F� t/) O n V F-� W w In O t/)- V)- V w W V)- N in• O V)- V)- V V} C F, l lD 00 m O O � m N O V O � 0 0 NP Z n T O 4�- O N m4�- 0 0 m I, 00 O U9 O W O O O :{ m v m 0 0 0 w V O O F, 0 0 0 0 0 0 V) N V> T IP- t/- O N i/T i/). t/} 4j)- Ln )In In N m V N W V)- W 1-, V} N W N W N A i/? V? V F' .P i/h O V1 W tn• th W V? O 00 AP In pl 00 O O N F� O O 00 O In O O P O TI U9 W w m 0 0 F' N O O N O O O O N O (1 00 W Ln � U9 W O O m 4h4�- 04�:- 0 A 0 0 0 0 () � O C) N N� � t/, .- t/} V} V). D ON 00 W p F, V O V)- U'I Ul I-- m < T w In O O VF W i/,� i/} O W 00 V1 00 Vh lD V, � t)- 00 W lD W N O N O O In N V Opl O V O N O m O Im �P m 0 000 0 0 � NJ FF- O 0 0w0 0 FF- 0 lin 0 � O R° D qj)- x N w V rn V} V> V} in V} io T �I A m N N V N V> m N I-- 0 O F' W �-a l/I tn• tn- m w w th W V1 w t/� in- w V)- fl O w .P Uq N O O U, m -4- 04�- 0 F, O O O O C) D Lo in w lo B O O i0 �-A iv O H O 60 O O bo O U; r W A W W -P� 0 0 lD 4�- m O W 0 0 0 0 N O p rn O to N N C T r p m y o N LU w u, U, to I in- Imo'-, t/? WU-I Ul m F-� F-' F' V? V? F-� {h t/� r m 1-1 N O N O iP. V> t/I .P F tn- w V1- LP V} V} W i/) .P l0 In F-� lD V O O V lD V O O O V O O m O O V lD m � Oo O O lD N N O oo O m O O W 0 D V 4�- W W m 1.0 O O W4�:- O 04�:- O m 0 0 W O 70 VF W i/? Vh V)- V)- V)- to V)- V) V) ih VA iii- i/)- to Cl V W W W N NN N N W N LF-, N D N ,� O N w 0 m l0 l �/I Ln O N l0 w O m U9 w O w F-* W In W V lD m V Ul O O N V W O F-' O N O U9 N F� --i L/)00 Ul V F' N O O w A 00 O A O W O V m W D - 00 Ul u, CD o in o o in Ul in o in o in o o in w 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O W m a n �- Ln 00 W w LM V)- V? i'• {n in- V) V) t/� if)- N Vi_ V) i/)- t11 W Un O O V W Un .--jJ In lD m W N lD N �I m D H V Lnw l0 W A I--' M 00 O Ql W 00 I--� O w w 00 V N V N .p W W N N N 00 V V N W V W F� 4�-- D D OA W U'I V 4�;, m U'I Ln W V m Ln Ln Ln Ln 00 W Ul r N O O O O O O O O O O O O O O O O O O O C W O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O m m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2014DCV-2777-G; Nueces County vs Irma Mancha Tax ID# & Legal: 2277-0006-0220; Lot 22, Block 6, EI Rey Subdivision Property Location: 3025 Greenwood - Corpus Christi Date of Sale: October 4, 2016 Amount Due All Entities: 9,838.04 Amount of Offer: 1,000.00 Cost of Sale: 1,523.50 Current Value: 6,745.00 % of Total Due: 10.16% % of Current Value: 14.83% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,467.30 $0.00 $0.00 City of Corpus Christi $1,646.68 $0.00 Corpus Christi Independent School District $3,705.33 $0.00 Del Mar College $686.32 $0.00 City Paving & Demo Liens $2,332.41 $686.67 A VACANT LOT, APPROXIMATELY 41 FT X 134 FT, ON GREENWOOD BETWEEN TARLTON AND DUNBAR. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2170 4 tn4r7 ) l II:IiIU A 77gas.,•.r,M _ .. ., vx •lr..F z�7:rn wna,. x�, .}�yS ply - a^::; tx• - a a° oo rG � c IJ N C C O N N To m O O N U N V 4001 � C cIN N� m N j N 1 o NN c / N/ an N N A% � 0 d p A/y m N No� FiSF N Fy m/ =oY A A N N N / NNOh O A FR••• � N O O N N N O m N w g N � v V Y m FIScµ A u m a ci 3 m V In C K y V Ai(portRd N N N� H• SP Clxyerne St,y rS , ®tt S Pott Aw � Nm m � A N O A N Oo N fJil / 0p\ ut A A N J a � y rr yJr3 rS� W �n J a JSIO. m i N � N � m m 30 N N N n m 0 w G w R �, ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-1844-B; Nueces County vs Margarito Hinojosa Tax ID# & Legal: 8409-0010-0150; Lots 15 and 16, Block 10, Steele Addition Property Location: 2841 Mary St. - Corpus Christi Date of Sale: October 4, 2016 Amount Due All Entities: 5,029.28 Amount of Offer: 2,500.00 Cost of Sale: 2,126.50 Current Value: 7,813.00 % of Total Due: 49.71% % of Current Value: 32.00% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $970.84 $72.10 City of Corpus Christi $1,133.81 $84.20 Corpus Christi Independent School District $2,434.61 $180.81 Del Mar College $490.02 $36.39 A VACANT LOT, 50 FTX 125 FT, LOCATED 2 BLOCKS WEST OF PORT AVE, AND 2 BLOCKS SOUTH OF AGNES ST. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2171 t , f _ C1Y�t � .',i4,,;Y�A.,�,��° �•,Ayy�rr 5 . . .. '�� AJ Y'(p. _•. YS qtr le "MAl- 71 : ".� �. .. '.` .., dam'.,,,,•- - Ao 1— _ .2^ � „u - 'sem .,•�- _�. � \ .• S�J'ui Pies Si m + m Of N N _ N N I— _ _ _ _ m m N N N N O O N N N N N N N N p m O O :r t't�.St -• pl�ft ytl�C1Y(IIPe � Q - r] i V o R' L) -• fJ m ry p O O. O1 O N YOI N tf0] N O O N f� $ o in. o22 o S S g 8 3 3 3 3 3 r E o = g I M N INEULY EU.Y 8 c m o o 82 O O O O N O 9AV Mc IUVA RT PORT N PORT PORT P LU is eMet7 nl; jy z 311(Y-) 12. %!N LSO— r rMO ao N pQ � N � 1 m oop p� phi a�0 N N O m _ NLu;Jii $ if Jul ul r Q N N N o N Q G N N �u J O yy M N O ? O S 8 r I ` N ^ u S v! G o s N J o N W N M I O m O N IV I M ^ N _ I O n N 1A _ CAN- T ... - N N N N N N N N N N N N N N N N N N j � m N M �n Oi yy m N {per m {p tOpp {{.pp- CI � m t ip {mp m m f Npp N M tN,l�M�pp tN�l N m�c011 M M Dnp �i�p!���fpppn {OMpf ���ppppp�� ��pp tp .I t7 M ry ry� N N N� N N N m`l N N N N N N N N N N N N N N N N N N N N N N N N N N N N m `N DOLORES DOLORES DOLORE m m QMN^ O m rtm�l l+/�vn � N.�m � W ��Som r pm t0 m m Q p S m M OD m m r H N N N N N N N N N N p. DI m N N N m m mOf OI m0 -^ OO OO. O O �� �^ `�' mm N.N NNN mNN N M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 8r S S S S O p S S S S S 86 S S p O SSS O 8880 O S O S c j n ^p rrpn p np n r r 1 S N 8S 8O O M m m N N N N W 0 m m N m N W S G p N T m til O r C S M m l 4 f o NtOm `M° ommmmm m.. m, w m n .m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2013DCV-2615-H; Nueces County vs Ophelia Munoz Tax ID# & Legal: 7891-0006-0250; Lot 25, Block 6, Seikel Addition Property Location: 805 Eleanor - Corpus Christi Date of Sale: April 3, 2018 Amount Due All Entities: 26,548.43 Amount of Offer: 500.00 Cost of Sale: 3,457.50 Current Value: 2,998.00 % of Total Due: 1.88% % of Current Value: 16.68% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $2,108.26 $0.00 $0.00 City of Corpus Christi $2,436.61 $0.00 Corpus Christi Independent School District $5,210.88 $0.00 Del Mar College $1,069.42 $0.00 City Paving & Demo Liens $15,723.26F $142.95 A VACANT LOT, APPROXIMATELY 25 FTX 96 FT, ON ELEANOR ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2241 4 't s r �� '� `_;�� � � .> '� .1, _ � "r`.w _ = � ..__ —•„! git ri W'tl , s Cn y� w t .. i m 471 ZFm m N A r OSA SI CSAGL S130VSO '= q WW m V m O C ti I rT O O O O SN O S O S O S O S O m m W m m m � m fJG O m N N ONi W O y. OwC fwll A � NO V a aONV313 ELEAN01i ST IJONV313 LFANOR ST ELEANOR Sl N N N N N N N N N N N N NO N N N p O O 8 O O O S O 8 O O O O S S O O O O S S 5 O O O 0 S D� Ql fp N N X `y R l L V VS313 L to S313 Cortez St _ lropu I N O G C O O N N C NO 0 p O JI 8 O O O O O O O O O S j V�V � � V :hdl`e nGC SI m OVD J V J V m V V V Hiawatha Sl A w O V ^.l _7 u VOS30NVad PRANCESCAST m U Ivtoluyrk Si C Csage SI Eleanor St ?• Elesl$t A Fn r>,;es'ca SI N iiolores St -- D unca n St �y K St N X itlnSt A HibccLs St C Harmon Avc m W 25th Si C 5131 nl�rG - WSUO-A&V 0 DOLORES Sl S3 — c 23rd //y ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 04-5798-A; Nueces County vs Francisco Azua Tax ID# & Legal: 8529-0001-0070; Lots 7 and 8, Block 1, Summit Addition Property Location: 2513 Mary St. - Corpus Christi Date of Sale: May 1, 2018 Amount Due All Entities: 44,535.74 Amount of Offer: 2,000.00 Cost of Sale: 2,255.50 Current Value: 9,375.00 • of Total Due: 4.49% • of Current Value: 21.33% Entity Name Amount Due Amount You Will Each Entity Receive FALSE $4,218.50 $0.00 City of Corpus Christi $4,673.94 $0.00 Corpus Christi Independent School District $10,913.13 $0.00 Del Mar College $1,817.54 $0.00 City Paving & Demo Liens $22,912.63 $0.00 A VACANT LOT, 50 FTX 150 FT, LOCATED 2 SOUTH OF AGNES ST BETWEEN 19TH ST. AND PORT AVE. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2244 . l � �„� ,p����•%�arm.. ��- Y i C�..` '� ` Lt::' ,.' ,:_ �.. ' '.�iy., �. =,� - •:Sir Ni- y� riA�1 W-7- lit, .y �; �.? ,mss;. ,ti• g�'ta � _ � _ ... �„ r� t� *t • � G• "' m �n' rn N� m m m o^ mom �' dpi m m m f ' .x m mm mmmm mm m m�}m N A N N N s Staples St I uni j - - :r 19TH r.' 19TH 19TH 19TH 19TH e iG 11th 51 '" m 0 1211h SlIN - ., S �nlee 91".da a 1}♦`,� N r L� 1 Ww ....-. t } m I L r _ - W K omi m J M1 N i N 't M Q .�.. L m 1 O V fl y r t� a N O n N m 1 H•'N 29T2oTH l 20TH y mu IS C: CK N • 'CWF` �� J I O -_.. N -.N " g m 0 H W a N 2A1!t'I'JIOII•, ., Z 21ST Qq n b0.. IS .. 8 N m O N N 21ST 21ST 21ST S 21ST % W 1312 N O N: " 8 � S• S O N N � N p p N N „ 22ND LU r m IBJ p ' b N N n K m 1. H O r m i L N O m o o 0 23RD ;mn�e 23 N � m QZ m N m o m o l'r m C� N N N p N O m M m m S N a S- 0 1baLU JTYER S BLU N: ER N N N N N _ CN Omi ONi Omi Qr m (7 " m m m m m m a?;�!1'(1'F � BLUNTZER r BLUNTZER m m m m m m $ 837-LNnis CI N N W $ N N I m Nm OWN m x S a l t ry m N a N •- p�N N N < N N N N N N N �� � p N p O O N N N N N N M p MEULY N N m p t p p $ M m o m C $ g $ $ $ $ 4 0 O O N N - 1 P BT PORT " PORT P g N S O O g ON O -HARM A M c 1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2870-C; Nueces County vs Constantino Martinez Tax ID# & Legal: 5324-0001-0025; The South One-half of Lot 2, Block 1, Montrose Park Property Location: 1022 25th St - Corpus Christi Date of Sale: November 6, 2018 Amount Due All Entities: 15,983.93 Amount of Offer: 4,000.00 Cost of Sale: 1,823.50 Current Value: 12,031.00 % of Total Due: 25.03% % of Current Value: 33.25% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $770.34 $104.90 City of Corpus Christi $991.69 $135.04 Corpus Christi Independent School District $2,069.52 $281.80 Del Mar College $423.44 $57.66 City Paving & Demo Liens $11,728.94 $1,597.11 A VACANT LOT, 55 FTX 175 FT, LOCATED 2 BLOCKS WEST OF MEMORIAL MEDICAL CENTER. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2261 FYI 14 • ll _ Oil s k V _ _.."1T' a. .^w. a _. ._ "'*�; •,qnn� :._.:;,.k?•,- ..•t^- w " Jtm!SI 2 . J < 0 N $SlaPleS St Q c E S '� N O m� Un m rn I lit sl 12mst .� SN+�ovnlee9��'• 14t'�5� 11�� N m � N �s_ trLho� Z .� _'0.3' 11nnf x lz O rn Loi ix m vi O m r C Yt �rj� `t 1S auu 2.d aye aAp OU16JIA = `-' p r KOKERNOT 1S!ONL7NGM i LLn - u c mst arc v y o I a E z 22ND 22ND 22ND U o 6 C S S g o a o o S p x N N I LL N < v a v N m N N N N N N ap pV � v $ $ 23RD 23RD BAYLOR O LL _. m m ov NO m ' n n m NI NCS'AA13d(10.11 n' I N BLUNTZER -+ BLUNTZER gA Ip � IMG m N m N m N N N 26TH STH - - 25TH 26TH s m O N O m to $ - m O gj N N N � N ORT PORT PORT PORT P _ Ud O o I N N m Q O I N \ M O O m V ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2902-C; Nueces County vs Arturo Montes Tax ID# & Legal: 7634-0003-0460; Lot 46, Block 3, San Pedro Addition to Corpus Christi Property Location: 704 Francesca St - Corpus Christi Date of Sale: July 2, 2019 Amount Due All Entities: 6,951.16 Amount of Offer: 500.00 Cost of Sale: 2,215.50 Current Value: 3,125.00 • of Total Due: 7.19% • of Current Value: 16.00% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,232.28 $0.00 $0.00 City of Corpus Christi $1,342.94 $0.00 Corpus Christi Independent School District $3,109.33 $0.00 Del Mar College $524.81 $0.00 [City Paving & Demo Liens $741.80 $0.00 A VACANT LOT, APPROXIMATELY 25 FTX 100 FT, ON FRANCESCA ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2272 4a- 704 FRANCESCA ST 2272 1y 1 .Al- A 0 - .. �NNX•44051 y n,. _ Y z� 1 _:Nr, .,p�g '4 y� Fye 6 t�:'eF 4 ICiY�M1�Y..'• H.8 N N A m m HONV313HONV313 L_EANM ST Nt RSI I:.Lr_aNOK ST J � ._$. a mm U + + + + m m m m m m + m m m m0 O O < m m d O O O O O N S O m O O d �p A C i VS313 L " - S313 Eu_SAyg l3 O S S S �S O O O p N O O O S 8N O CC O mm mm I'o 00 O G O O O_ O S C N V W m m O V m m m m U X pN N 8N 8N S pN NO N NO NN � N I.Np., Op O 8 O 8 o S O S O a j j NVV V V3S3DNVad 'RA�CESCA ST VOS33NVad `RANCI_SCA ST C f N N h fmif N O mN N m A N m A V w C NN �p p�j fmm.1 W W W VV W Omo m � + N m �p L S3aID,= s3aoloa POLORLS ST pLORES RT DOLORES ST a V C �..W__ W r m m V m A W -• O �O m V y n N N N m N mmm pND N mN �1- j mwatha St C N _ � O V1 to hiclxa.k St a DUNCaN S' NVONr1a NVONrta ` Osage St Eieanol Sl 7,• Elesa St ,d 2Fnwesca St N Duncan St yy b" a St I W m l: N m St A c IT $ Htl,.cw St ^m' _ D HaimonAvc t. g Z 4 N W J illy Sl O w 0... ... � 251)Si N S riturt_r St ® Ci A _ }'C � 21_ tit 20th SI �. ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2010DCV-4192-E; Nueces County vs Diana R Gomez Tax ID# & Legal: 8289-0014-0240; Lot 24, Block 14, Southside Addition Property Location: 4846 Franklin St - Corpus Christi Date of Sale: November 5, 2019 Amount Due All Entities: 24,988.53 Amount of Offer: 4,500.00 Cost of Sale: 2,614.50 Current Value: 6,875.00 % of Total Due: 18.01% % of Current Value: 65.45% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $3,015.15 $227.51 City of Corpus Christi $4,085.07 $308.24 Corpus Christi Independent School District $8,408.09 $634.43 Del Mar College $1,734.06 $130.84 City Paving & Demo Liens $7,746.16 $584.48 A VACANT LOT, 55 FTX 100 FT, LOCATED A FEW BLOCKS SOUTHEAST OF THE AVERS/MC ARDLE RD INTERSECTION, NEAR CUNNINGHAM MIDDLE SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2298 i ra y 4t[`�[._. 1 t . !�1 ^• Si f�'j+�' y�a:.Pg' 411 • - - � ._ ,�.• �:.R�t t.tr ,� ��. xr�f=F - tom: t . me�g' ✓ •� M N �-•' m V A ^a V N ryNj 3 m A V ( O J O N O m t0 � V o O W O m m � 1O m p r Vin. m W 0 01 O� N O O Q1 N \ tp y � m Jr g m \ o m mm O N O �/ b p tN0 fD � � � 8 •O O NNN N m m I O m N op O G N O Op m N a N o 0 O lm0 8 p N np0' C o d 4mVi m N V � ��• m O ' p O ✓S J CJk ^c:. m No � a �• g N Z rn N o � TOitiz- �� m �O fmO N N C mjzO O O m 45 8 O p0 O O � � N O hr•CrV N O v ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2011 DCV-2517-E; Nueces County vs Francisco Cruz Tax ID# & Legal: 9307-0010-0130; Lots 13 and 14, Block 10, Patrick Webb Addition Property Location: 2313 Mary St - Corpus Christi Date of Sale: December 3, 2019 Amount Due All Entities: 23,390.71 Amount of Offer: 3,000.00 Cost of Sale: 3,912.50 Current Value: 9,375.00 % of Total Due: 12.83% % of Current Value: 32.00% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,885.95 $0.00 City of Corpus Christi $3,364.42 $0.00 Corpus Christi Independent School District $7,122.02 $0.00 Del Mar College $1,472.30 $0.00 City Paving & Demo Liens $8,546.02 $0.00 A VACANT LOT, 50 FTX 150 FT, LOCATED ON MARY ST., 2 BLOCKS WEST OF 19TH ST., NEAR THE OLD LAMAR ELEMENTARY SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2309 2313 MARY ST 2309 { 777 - y u. Y bsV r� 7 D st Q W ':,,c, n3 c S Staples 51 Z;); I Iit"St c 121h 51 SBtewnleeElvd a _ 141h�� � O1- m� H o r Ix ^ p r --. m m m �I m .m V g N 51. Nm - Ap A A 3 � m 18TH STH l 1 •- �� n ?!.!f I'.Il11611A 7 bO,kOJ 1y?S115\el.�j g __ � ' 0 O� Orn m m m W O^ mf N Oo m p.OOi O0i m i NN N N N N N N N N N N N N N N N N N u _ _19TH 19TH 19TH - 19TH 19TH 19TH m VO N 8 m .-I O Q "F Q W I N N ::E ._ N M M m m O _I o N O A N m N A m I m V m N 20TH 20TH O N 20TH - I 20TH m N S m r o O p O N Q W O O p O N U S r N N N 8 W W c G __a, 21ST N Z umi Q r m N 4 N Q ^O m O m ' N � N � � m Z N N 1�0 N N Q —0 21ST 21ST 21ST N 21ST ISLZ N m m _ o A O N m N O N O O O A o 22Nb , 22ND th �N N t7 mm til N N 2 m I N m y A O I th n N p N m _O m O O IAf-_._- I� 00 O 4 p p J M m O p I p o m o 23RD �il..l.c N N m i N O O i N to th p v 23RD o O m O n 0 D m m N N O m RL ` o N W oo o— 'A o. N Z W O v } Q N m Al_ o u, m BGUNSZER BLUNTZER ---- N ¢SQ yy INTZER :r> BLUNTZER m m m m m _ MWINme - ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2012DCV-0852-E; Nueces County vs Maria Garza Tax ID# & Legal: 4570-0004-0100; Lot 10, Block 'D', Los Encinos Subdivision Property Location: 1505 Coahuila St - Corpus Christi Date of Sale: December 3, 2019 Amount Due All Entities: 36,203.20 Amount of Offer: 2,200.00 Cost of Sale: 1,938.50 Current Value: 5,616.00 • of Total Due: 6.08% • of Current Value: 39.17% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $4,541.31 $32.80 City of Corpus Christi $5,543.53 $40.04 Corpus Christi Independent School District $11,665.01 $84.26 Del Mar College $2,380.72 $17.20 City Paving & Demo Liens $12,072.63F $87.20 A VACANT LOT, 52 FTX 120 FT, LOCATED IN THE LOS ENCINOS NEIGHBORHOOD, OFF GREENWOOD, WEST OF HOLLY RD. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2310 t� J .��� �(�ro. .c. "•it•,ti �a 1 '.! ..'� , ^f 'r, � \` r � :� ','� ;�' a ``_ �*i1 -�c � _ ,. r � s 3�.+� 1• _! b^ L! . 1 � � :'�,� `+?. � n ' i�c � r, �� °n:, ,c R c 1l-'. 4' �� �,�.. :y�• �. Wi'`'t�s€• ,�,� ��r ,. }:F! sr -� ,� .. -�� _ — . .. _ . �� . � � , . }: _ '. � � +s W ar ,.,, . ,., �` .r �. � ,� I vt �ni �" " M • � \ ,, __ .. ,. .. i `._ '� m± . �,'. _ �i. `�. .. � 4� _ .. . .. _ w; m ... �Cfi, _ cct• B �.s° - - ti , \ \ N .:w+W tih Y-. -VE � N a w � m N N Q1 N {n A Q N W r N t0 m O1 S �• rn �� Omo N A m 0 G f N 01 V A tNp p� O m O1 m rn m m A NO m m O A N m � m Qi pmt A + O to OI V m m m � Qi A OINi m O 4i N m O� Ol N m T T N m V Ol V N _ N � N T m " m m m N V � N Oi A O N m V W m a m N N V m yN QI m Oi V � V 1.1 � o� tAD N N N N m Y N V A m G C C � m o d' y w R w $ •a m m OAp N p O m A O A N N V O O N „ N O V O r N N ID m O N A r m N t0 •O m N J OOi N � O O o m N N oN A N N O N V r m S A o N N N A fNli G N O tNlf m � O N A V IC'L" Q• o N N N a U O N j V Qt* C N A O H O N O N t0 N N N N � N .� •n O � O N � m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2012DCV-3752-H; Nueces County vs Cue Dee Squyres Tax ID# & Legal: 4740-0006-0050; Lot 5, Block 6, Manchester Place Subdivision Property Location: 1129 Golla Dr - Corpus Christi Date of Sale: December 1, 2020 Amount Due All Entities: 36,901.32 Amount of Offer: 4,500.00 Cost of Sale: 2,974.50 Current Value: 7,087.00 • of Total Due: 12.19% • of Current Value: 63.50% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $2,326.37 $96.17 City of Corpus Christi $2,688.37 $111.14 Corpus Christi Independent School District $5,726.59 $236.74 Del Mar College $1,191.21 $49.24 City Paving & Demo Liens $24,968.78F $1,032.21 A VACANT LOT, 50 FTX 118 FT ON GOLLA DR, LOCATED NORTH OF THE IH-37 @ PADRE ISLAND DR INTERCHANGE. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2319 1129 COLLA DR 2319 K wv^ Ri�Sm�. ,� � �hi t i• �r 1 y .— y�,a� 7, f ,P•, 't. .:_�l"Ki ,.{ ° fit: T1.y '� y i . Y+... � Jfi ' � '� � 1 r' @`� r 1� , �Y '�� � N 9y � �`t� .•y,', yCC �",�A��'* ; ''�i�1.i.". r � ��� v � l;+j ,..,� ;tf � %! �� � 1.r w�� tb i5 q y4',J't¢•{f^ 't.^7,µyi�. -I' i r.� ` .. .- ..'_';7th n•. f. kry..,. -..,;,:' :._. - - - ..- _ r� A { fi N N Q N N m p AAf N f � Nim NAN ' O ONi "+N N N 4mi O m .m O W N t1Nt1� N � T �.. Oi 4'Ai � a t0 ✓T m , Q o qq \ OI OI O T N \ A m J j N a p� A N Opp pN 1p D � pN� N � pAi CNS N A p� N A pN� m Cai N W A I�j N N & AS N m Fm -� mm phi Q1 pA� v A A ONS o /O pN� N N N A rnrn qp N A p� NNN N A I b m s, m ` m .7— LCIntim Rd r MC@RIDE M�@RIDE - 1� rtan Blvd _ N arpa,ell Ln A ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2779-H; Nueces County vs Osbaldo Tapia Tax ID# & Legal: 2451-1303-0470; Lots 47 and 48, Block 1303, Fitchue Place Subdivision Property Location: 1630 16th St - Corpus Christi Date of Sale: February 4, 2020 Amount Due All Entities: 24,988.53 Amount of Offer: 4,500.00 Cost of Sale: 2,223.50 Current Value: 7,813.00 • of Total Due: 18.01% • of Current Value: 57.60% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $3,015.15 $274.69 City of Corpus Christi $4,085.07 $372.16 Corpus Christi Independent School District $8,408.09 $765.99 Del Mar College $1,734.06 $157.98 City Paving & Demo Liens $7,746.16 $705.69 A VACANT LOT, 50 FTX 125 FT, LOCATED ON 16TH ST. BETWEEN AYERS AND MCKENZIE, NEAR WYNN SEALE JUNIOR HIGH SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2345 1630 16TH ST 2345 -t tNY Om >r rtw . Y u rS�.uO^ l�YS��ai ,�''°:'"� e iSQ9 -.. mss. � S db1S m N Seip Ell. o• d�yd S3j�1S 37 N ��Si e,st y.J /dr9s12, 0 .. loth`�� nsi 141h 5 1t N N Li �JbJ LS F t 1 n�.Sti O f1 N M N Q m N N Q N H N O M m N aD n •'- N N n O rj� f � n N m m N A�� N N (�1, t• m m \ pO T � �\ � m N N • _ p Q ^ N N N �� N N N ^���• N Oj Yf N ry t'J G m m N O N N m GO `rcl Q N N N O ai N m yy N N ^ rn v m � N Y. g,A pO. � a• m � C :� N 0 •� ONm1 mN � Ti _O of ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-5493-H; Nueces County vs LD Miracle Revival Inc Tax ID# & Legal: 4007-0002-0130; Lot 13, Block 2, Kosar Addition Property Location: 3007 Ruth St - Corpus Christi Date of Sale: February 4, 2020 Amount Due All Entities: 53,108.13 Amount of Offer: 1,000.00 Cost of Sale: 1,951.50 Current Value: 5,625.00 % of Total Due: 1.88% % of Current Value: 17.78% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,014.50 $0.00 $0.00 City of Corpus Christi $2,247.76 $0.00 Corpus Christi Independent School District $5,197.91 $0.00 Del Mar College $867.68 $0.00 City Paving & Demo Liens $42,780.28 $0.00 A VACANT LOT, APPROXIMATELY 50 FTX 90 FT, LOCATED AT THE SE CORNER OF RUTH ST @ DOLORES ST., NEAR JOE GARZA PARK AND ZAVALA ELEMENTARY. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2346 300 RUTH - Sr vi r as 1 gg M. - R I. I I i I L_ I I ► I I i it-- i i y I T N N N N N p f Y D N N N N N N N N N N N ••N O O O O O O O O O O O O O O O O O O O_ O O O O S O O O N 01 tNa O V � � N ONi W O A i m [ON ^' V a0 V313 N N N N N N 0 0 0 0 00 0 0 000 00 0 j �!0Y1• � �..� p W OOi fp0 N m m A V O W m U m � NNp O O O 0 0 0 0 0 0 O pN O N 0 0 p O O O 0 0 0 O O O O O O O O O J V V J V V J J J J V V V V V J ' _ Wy m V V T OOi OWi tWl� t01� N A A A 40i N N m N fD O J A m tT N m W O V m m N -H r W o ti � O O 000000 O O `� 0 0 m m m m m J m m m mJJ J m w A A A N N V V V fNil fN0 N fwll m A J W m -i A V C N N N N N N N N N N N N N N N N N N p p 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 0 0 0 O O 0 0 0 0 0 O O O O MA N N N N N N O_ ut m A n A C N N N N N N N W N m N m Ut m u C N N_�U.1t W� N_W (�.� (�� .WNi .Oi i -W+ 001 OOi Omi O� OOi OWi OWi Of OOi OWi T OOi -O! N Owl CWi W W W �W�pp W yyp'p W D oa Moloa S3aol0a S (n (O fO f0 m f0 f0 fD [O l0 t0 (O t0 0) t0 m 10 f0 t0 �tO t0 W W w w W W w `"W W W w m m m m m m m m m m m m m m mmmm 01 m a W W W W N N N N N N N N N - ', DG cmC O ,� r r r r r r r i r w 0 w w 0) tp c0 t0 0 0 0 0 0 {D f0 t0 0 W W W op N N N N N N N N N N N N N N N N N N I. (n W y {wjl OOi N m -V m Ol O W A N m _ V J V V V m m m m m m m m m m l0 tp w 6 m m J m 0 O N W A Ot m V m t0 O � N 4 D NVONn na NVONna nn o N m w N m w 0 J N M1 r m J C N � m 0 N N J -N tOif v .VN3Sa3n m .� N" `�, ._...�-ON Rd 2 O CO rte Z St '!p Balboa Sl �O/•5 0 m Ao N W / w a' m W o W SI7i\41Y.e St Virginia Ave erne St y m ro T tm0 X00 tmO tmO N N O 00. 0 N m w O troll m C [' T1 O�n O m A O -O S tG,• ONi m t- 1p N S NV .l'� G C n - 00 C N T `J 0 � w N N J 1 � O r; � v ��S �5.;1V4 ..�' -.lilti•ost; "ZIA ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2011DCV-2181-C; Nueces County vs Abelino Guerrero Tax ID# & Legal: 7891-0005-0380; Lot 25, Block 6, Seikel Addition Property Location: 814 Eleanor - Corpus Christi Date of Sale: June 2, 2020 Amount Due All Entities: 15,586.40 Amount of Offer: 500.00 Cost of Sale: 3,027.50 Current Value: 3,125.00 % of Total Due: 3.21% % of Current Value: 16.00% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $832.24 $0.00 $0.00 City of Corpus Christi $953.02 $0.00 Cor us Christi Independent School District $2,169.90 $0.00 Del Mar College $377.15 $0.00 [City Paving & Demo Liens $11,254.09F $0.00 A VACANT LOT, APPROXIMATELY 25 FTX 100 FT, ON ELEANOR ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2348 ISIM Q �� n cps/�,� ,Q 'S�'4'. f i � *'r�. >�• �- l �iy`��?���c , ;� M .irk a; -�T ►k� , � `''� `'', , w. lT _I • y� T t,. I' • •�t � �: � `fir, 1 R. }, At a m N T N r O V m A O J m O K n Q 41 r OSAG_ST OSAi;L S13SYSO pp1 A OA1 Oi A tN1� d1 O O) m ONj _m m O N N N V m tm0 O " N A ti SNN N j NO C Q O pO O O o O C O tV0 O m N N m iNj O r � � N ONi fNi� O V A � m ELEANOR S1 aaNV313 tLEANOf:ST aONV3l3 ELEANOR ST O O O O O C O 8N 8N O O O O O O O O �tJ�pOp A V O Y 001 t00 N V7 O A V O N Ut I O 0 0 G p OOOTO O O O O O O O O O J V V J J ^ N tJ0 j0 tJp tJO n W N n V �. pAA1 0 OG (Nl1 N OA1 _fAif O J... y Ot �N N fD O V• VS313 S313 N N N N N N N IN p O O U O O O O O $ p O C m Cortez St O O GG p O O - J C m• yy i rope 't ` 0 0 0p o 0 0 o p c ?haelncc SI J. m m oJo J .y � � � •'� � � U' r w m Hiawatha Sl � n ✓ v Zi m a RANCESOA ST c� - VJS30NVad J, v Mohl.4 Sl C _ t`".,aae St ._ .N.._, m l�N1 Eiea nor St > N N VNi N tN0 lN0 tN0 fND ..N. N N N N N N N 9 `$A d„ E lesa St I Fra n-•usca St I;� St�'' uolores St • 0uncan SI s it St ±rs klin SI A �3 c tirl)cc Ui St Ilarmon Ae•c L O N '4 N A tJl1 6f J O O N _ nr wv St s ...-. 25th St ^ m r l S3 00 _m y ;:CY_OnES ST S3aO100 DOLORES ST o id S N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2817-E; Nueces County vs Hector Castillo Tax ID# & Legal: 9313-0000-0240; A 54 ft x 167 ft parcel of land (less ROW) out of the Webb Tract, more particularly described by metes and bounds Property Location: 829 Omaha Dr - Corpus Christi Date of Sale: December 1, 2020 Amount Due All Entities: 15,292.90 Amount of Offer: 4,500.00 Cost of Sale: 2,552.50 Current Value: 7,436.00 • of Total Due: 29.43% • of Current Value: 60.52% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,620.81 $206.40 City of Corpus Christi $1,952.84 $248.69 Corpus Christi Independent School District $1,982.29 $252.44 Del Mar College $847.19 $107.89 City Paving & Demo Liens $8,889.77 $1,132.08 A VACANT LOT, 54 FTX 167 FT ON OMAHA DR BETWEEN LEOPARD ST AND IH- 37, NEAR THE UP RIVER RD @ IH-37 INTERSECTION. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2367 _• A, �. ry. 1 d� �a ; T yIV ] — 3 � �i r -iia 4� -. -, '� •. � �`�� "� ] ��' ^''Y� Y�1�.[C�4th� � t �y] a��" � 1 `frT• t�'.,�1 +�i�b°a � e ` . R f r 03 829 OMAW�DR 2367 w N I r N mO OI N N N H N N m N N p N CANTyyELL N N N m N N N S m m N o N N S G m p C N m m m S N y� V m p N V � NNN mNm N \ O O S N r1 p N J A p N ppp o pS N N N A � N p V LOUIS W N N J N pmp O N w cN i � S OJi V }Q{ N m V W m N m m � oo pSo N !1 CI m p N y & N W p S R VqN j w �N CVR9 N ' � ryHq CR � •\. N O p 8 m o -- . m � J ,bell Fd �NIP rq V r m q r S J m N � H t�r7nh{p� p p O� N S N Sp m N m CNC rj m C o N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 10-1224-D; Nueces County vs Albert Capetillo Tax ID# & Legal: 0072-0010-0130; Lot 13, Block 10, Airport Park Property Location: 3601 Stinson - Corpus Christi Date of Sale: March 9, 2021 Amount Due All Entities: 27,429.99 Amount of Offer: 15,500.00 Cost of Sale: 2,971.00 Current Value: 50,334.00 % of Total Due: 56.51% % of Current Value: 30.79% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $5,382.80 $2,458.66 City of Corpus Christi $5,965.79 $2,724.95 Corpus Christi Independent School District $13,608.65 $6,215.93 Del Mar College $2,472.75 $1,129.46 A ONE STORY HOUSE IN VERY POOR CONDITION, ON A 50 FTX 125 FT LOT, LOCATED NEAR ROSE SHAW ELEMENTARY SCHOOL. THE HOUSE HAS WOOD THROUGHOUT THE FRAMING AND SIDING. IT ALSO NEEDS A NEW ROOF, HVAC, ELECTRICAL, PLUMBING, AND INTERIOR REHAB TO MEET STANDARDS. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2373 Ar .r• ��! .}t--%8�.'� L it �. }_yam �.� 'i �.a. 1 �y{y,�'i �� t +� Ac r�5PA 1 3 rir� r �, _��.e1�,`y �^ i -•i 1.R'- .- ��'�(r'4 r��' 1 , j� V�'� 7� r y ter. �'� E�r,.rly\ `,e„ ,.� ia•e: i d R cti�_.�� - �_ \ ..y� '{ S !`� _ -�� eL .���1• .. w' •.� eit.� G'Fn117.`�'iS� -�` ¢�a�f,� ,<.�'. i '� ;� -r. r `�r eye 9c,3: f-,{►3C'G^, �'1 r.a'�yi i='w.� 'k{ y�'3^ � �" �. 3 [~S.`�`•k [ `� t � ..Y' �s"tti`j mac' �,`�\ >`y�� .A y 4 }�t 6[i Oma` ��.:7� R � �' .. - .. ,�{- �f�� _ r'�, s:� �!, �'•t .��r�.. 'S"1� ♦ ayY�«'t*/_ S- , '�i F,moi'', ii� _ •q� y'1 ^1 l�-f t a �: '3 _ ♦ pkv, t ^�,.r • '�• � "k <i<". i� 'fie : ti� - A y q KI' _ _ r 11 t e f _ . J r. L41 l x . e al W^9 •� ' r f ♦i.. y�l -�. � e 1 ` ,s. ,: i1.r ,s +"�O � .� t� ;��►dy�t r -__ __ . ..,�� '� � .;1." f�ck} �,y ,�:..7��' r m u. r � r tt _ Jew �r _. r. ':;a !3R!A`¢- --ate, •� � kdi is :.� •.�_ l } -•,.- - `fid` -a 7�F—'- �""=="a � `�' p J , . 9 . , . F j r , tea. • N A A Is 1 _ 1SOd 1SOd ALSOd ` . . �. N A O N T m N O N ( N N (Nlle� O A N V C FT• N ! lWp ylQ N r S W _ T rmu ^t m N v� � � r ti pN N m � N N N N NN N N N N IA VINIDIIIA VINI9HIN c.i?aAAVc VINIONIA tlINID2IlA tlINIJ2lIA TE " A A � a0 N m m m N m ��_ ONu m ONo 0 OND 'm 00 j A W m N N W T O l0 N N 3NN3A3HO - 1 ., RL 3NN3A3HO Nd m m m OD r m m m r A O Ol O A G 00 O O O -ip•- � b N N N W O t0fl N m �' l0 f` lWp C m m N N CD m l V m 00 ' m J 00 m i 0 O Ol m j m m i tNdT NW m! OD m S � 00 N N W V p Ol A tJr W NIC HAIMItl OW N A 0 �lpp pOH OJ Opi OY $ m N N O O O N 0 � � m •�r O Of W C p N N !V W O O �p UWmi O N l0 o mA O SS lDDl�p�pD O m O V V N .a VO N b N 0 N W 0 N r S r - N N J N b A B C 5F Cj N m u N N Arporr Rd W N N ACO G o J C� N INO e� l E3alb:,a St St VIfQ 11 Ch yennc St Y N 4h1 G - '�' A r V ti V N N. !l-A ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-5600-B; Nueces County vs Charles R Pennebaker Tax ID# & Legal: 2996-0001-0310; Lot 31, Block 1, Greenwood Park Unit 1 Property Location: 4738 Blackjack PI - Corpus Christi Date of Sale: March 2, 2021 Amount Due All Entities: 44,943.53 Amount of Offer: 25,000.00 Cost of Sale: 3,867.00 Current Value: 90,947.00 • of Total Due: 55.63% • of Current Value: 27.49% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $5,953.12 $2,799.23 City of Corpus Christi $7,858.87 $3,695.34 Corpus Christi Independent School District $16,236.05 $7,634.39 Del Mar College $3,406.30 $1,601.68 City Paving & Demo Liens $11,489.19F $5,402.36 A SINGLE STORY WOOD FRAME HOUSE IN POOR CONDITION, ON A 58 FTX 108 FT LOT NEAR MOODY HIGH SCHOOL. THE HOUSE IS STRUCTURALLY SOUND BUT IT REQUIRES EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2375 �/��/ Pik� by►6%a�0/orr i PWAR- ►Ii' I .iL_"r-. -:;J�k..p. �,�I t� � ,t`-Qjjj�'I � } .Ash.. 'j� •� •��i`�v/ :.,'rr. !. _ ���4.. yid. �� `�\ ������4��`YY.\e� ,/{.r,a�.'��jl� lg:E/ 'C{;' � t�.r0. •f1�s�{•�•/a��"� �.�� "� '�°-... ./ 1 � {� . �{' rii '�� �9� �jr� �Gw1� f`tC� �E`►..�.a,`� �'. L.E'P�;'Or j.: g"��. la•a'�v�blklsy.t���y�P� ��`sr'""�-1c'g' PNr��ril� ,� - - � ,��.�`. -• \1� � 1 ,t'. .� lam'- � 41 1 �p t Liz -lu i mei sImz •y ._ •1 ��,\\ `p ` �f 0 O p V N S a AO �f W l S O N W Omi m O A V S C O O p N Q p O A m N 4Ni � O V tOp iW0 m S A m N m fa m N pAj N � A pNq� W i0 W fOO � O m W N V S N O A S S N O ISO 4Ni V / V tNj m V O N A O S .•l� V A b `(� p �p b m m S N Oo ipp0 � W N W 0 A W V t0 m > N V v IN �K Opi gSTEtio1 N � cASTFNoy N N � 8 0 A o Q S Alohro O N k Barrell Dt JC"\ n'79Eja DI 0 1�♦ y O O m 1 � m N q� R' m m a m W V N O ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-2007-A; Nueces County vs Merna Sue Warren Tax ID# & Legal: 3416-0007-0110; Lot 11 and the South 30 Feet of Lot 12, Block 7, Highway Village Section 2 Property Location: 2617 McCain Dr - Corpus Christi Date of Sale: March 2, 2021 Amount Due All Entities: 28,730.42 Amount of Offer: 16,000.00 Cost of Sale: 3,095.50 Current Value: 35,825.00 % of Total Due: 55.69% % of Current Value: 44.66% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,413.56 $1,084.07 City of Corpus Christi $2,726.55 $1,224.65 Tuloso Midway Independent School District $6,604.24 $2,966.35 Del Mar College $1,171.05 $525.99 City Paving & Demo Liens $15,815.02 $7,103.44 A VACANT LOT, 145 FTX 182 FT, LOCATED OFF LEOPARD ST, BETWEEN RAND MORGAN RD AND MC KENZIE IN TULOSO-MIDWAY ISD. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2376 t 4 K- 2617 McCAIN DR 2376 y. .t aA., ,Y 77 F .Yy`j4� �Kp � Y`;\ L.\ ��- `.4._'a ) j 7.' (T•"+'R4c�r `�+� •4 2 .t; n'�'+' {zh'" x ��� tt�:+�ri•c `yam t�r„�"r�y �w,�R.a..."'?�:j� h a !A ,a r}s t 1,7°i n .`{Sti♦ 'h' i L ,n ,b���i x^ ♦.a `' roT'i h"+1..,'i'' .�y Y�• `y.,.ci ;, ..• .f, '.•'Ott�. i�.c•4���-Y�bq� �� "t+ _ 5 `t � N _ I � O raj a N O m N N VV Qar' N N m m L m LU a N py zrwNapd N N "�✓ y i� � QP 'm V N v I C�C m m W N Ems' n M Pip m a p 45 p V m m �T'i N N p O V n O �V m eon m Vh pC M N n vmi m m m N N p p O RR A ^m S N N N N N N NIA AIN G N N $flo GAIN ON XLL O m GI.. N m N vl m m m m 0 N N m p 0 O O O O O O O O O O O N O N m Q� O V1 N S N d m 0 N m VI N N O N N O V N O C V V V < < N G O M N N N N N N N N N N N N N N N N N N ^ r p O OUNT TI NTI / o ^ ^m yN & / N m N N N N N N YY V O pp < N N N N N N N N ? N N N N Y N N N O N gY $ B R o BY w , mNN N m m M e 2 m N o! a!� m m m yr u"i M a c Do NI" Fl pr O m W Imo tO �(NI P N N JN 7' pN ? O N W O m O N N m m O _� m _Q iD IO N N N N N N IO � Om V N a N N N N N m J N O ry 1p l0 tp m N n m m � S c1 . O m a•'' O O � N m N m m N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-6296-H; Nueces County vs Sylvia Cuellar Tax ID# & Legal: 4188-0003-0080; Lot 8, Block 3, Lantana Subdivision Property Location: 829 Lantana St - Corpus Christi Date of Sale: March 9, 2021 Amount Due All Entities: 37,573.53 Amount of Offer: 20,000.00 Cost of Sale: 3,378.50 Current Value: 81,579.00 % of Total Due: 53.23% % of Current Value: 24.52% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $6,239.76 $2,714.48 City of Corpus Christi $8,238.84 $3,584.13 Corpus Christi Independent School District $17,041.50 $7,413.54 Del Mar College $3,562.38 $1,549.74 City Paving & Demo Liens $2,491.05 $1,359.61 A WOOD FRAME HOUSE AND DETACHED GARAGE IN POOR CONDITION ON A 51 FTX 125 FT LOT, LOCATED 1 BLOCK OFF IH-37 @ N PADRE ISLAND DR. THE HOUSE NEEDS EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE AND THE GARAGE NEEDS TO BE DEMOLISHED. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2378 '�� � � 1 1 1 � i s r. f ,t r' �7 pt��"-i'��+. �`` � - �� . �� .., �� �� N �, �. r r � 1. — _�._.__ -awe. e.......:.�....,.- __ �. �. __ f _. .. ..,.. ' i i, � � �r t�`�� .ag, �i �_ _� r aa„r .� � � w i' ' r.w w.wl� � � ' . � � � G_ ._. — _, _... r b _;i -, •„��� _ _ f as _ ��: _ , i . �� '_,�, __, � � , ,. .. ,, � . - . _: . _ ,�, ,. i. . ' ,: - _ , - , ' a e �� � _ ' t�j �'a � _ 1'- v.i >A'� � _ e .r, { 11 ._ _ j f�_'��i �'1 �� �yAr.,i � Gig �, R .r�I�. - :� ..r E �'�"�. � ,;�: �. i \4 '{`• ... r� � _ Y ,{ ; a j r / ' 1 { ` Y �.� 1 ' -' ..� r ;. /_ / 1 �f �. c � ,.. � - � �, , � / .. .. -, ,. i d f a'” ." �1I�� / J% I �: � 1 � �t f� � (., d ., � .� t ^� .X �' J o y T w w I O Q� O 3S o m k' m 0 m N N N IV w � S N W � O V N +y m m (J m A Q1 O N N y N m N 5 O N en o c S w M m m m 0 V. � rn c ♦u m w p N N W N aR w In � o 7� o W < N {{pp N N m N fml A � tp t0 J V mm J N � W VNVINV l L wr b/a r.' VNVINVI 7 VNV1NVI VNV1N VNtl�N r� N m 8 m N N N N N N N m T y - O v Corn p;,y m N alas 017Dtl 9s L£HI L£HI 019N 99C AMH L,-waw,Rd PADREI g LEO ARD TO m mL N �Y NNavqatnnRlvrf- .. N ' 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Kevin Norton, Director of Water Utilities Kevin N(a)cctexas.com (361) 826-1874 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Oso Wastewater Treatment Plant Network Upgrade CAPTION: Motion authorizing a three-year service agreement with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, in an amount of$126,866.69 for the Oso Wastewater Treatment Plant Network Upgrade, effective upon issuance of a notice to proceed, with FY 2021 funding available in the Wastewater Capital Fund. SUMMARY: This motion authorizes a purchase and installation of networking equipment required for a new supervisory control and data acquisition (SCADA) system that is being implemented at the Oso Wastewater Treatment Plant that consists of a rack-mounted firewall, a 10 Gigabyte network switch, secondary power supply, five environmentally hardened switches throughout the treatment plant, and the required fiber, components, and licensing to make the system functional. BACKGROUND AND FINDINGS: The City of Corpus Christi Information Technology (IT) Department is implementing a new Rockwell SCADA System at the Oso Wastewater Treatment Plant, which is the City's largest treatment plant. This is part of the Utilities Department's multi-year project to upgrade and improve SCADA monitoring and control capabilities throughout the entire Wastewater System. The Oso Wastewater Treatment Plant SCADA system is a critical system that is used by plant operations to control field devices, view, and analyze historical trends and data, monitor real-time data, and receive status alarms. The current network equipment for the Oso Wastewater Treatment Plant SCADA system does not meet the City's new standards and requires that the network equipment be upgraded. The new network equipment from Computer Solutions will enable the new Rockwell SCADA system to be connected securely into the city's corporate network. This connection will allow the implementation of redundant servers at the City's primary data center and will also allow for disaster recovery and business continuity. PROCUREMENT DETAIL: The Information Technology Department requested for Contracts and Procurement to issue a contract through the Texas Department of Information Resources (DIR) Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to upgrade the networking equipment which would limit secure network connectivity required for critical functionality of the new SCADA System for the Oso Wastewater Treatment Plant. FISCAL IMPACT: The fiscal impact for the Wastewater Department in FY 2021 is incurring an expense not to exceed $126,866.69 in the Wastewater Capital Fund for the purchase of networking equipment required for the new SCADA System being implemented for the Oso Wastewater Treatment Plant. FUNDING DETAIL: Fund: 4510 Wastewater Capital Fund Organization/Activity: 18082A4510EXP Mission Element: 042 Wastewater Collection System Project # (CIP Only): 18082A Wastewater Treatment Plants & Lift Station SCADA Improvement Account: 550040 Other Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of networking equipment required for the new Oso Wastewater Treatment Plant SCADA System. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Oso WasteWater Treatment Plant Network Upgrade DI R-TSO-4167 Great South Texas Corp dba Computer Solutions San Antonio, TX Item Description Qty Cost Total 1 Cisco SFP+ Copper Cable 2 $61 .24 $122.48 2 Cisco Fire Power 1150 Firewall 1 $6,169.47 $6,169.47 Cisco SmartNet Total Care extended 3 service agreement 3 $960.00 $2,880.00 4 Cisco Catalyst 9300 1 $3,621 .00 $3,621 .00 Cisco SmartNet extended service 5 agreement 3 $370.86 $1,112.58 6 Cisco Config Secondary Power Supply 1 $1 ,067.72 $1,067.72 7 Cisco Catalyst 9300 Series Network Modul 1 $1 ,330.64 $1,330.64 8 Cisco SFP+ transceiver module 5 $1 ,168.16 $5,840.80 9 Cisco Industrial Ethernet 5000 Series Switch 5 $10,368.49 $51,842.45 Cisco SmartNet extended service 10 agreement replacement 8x5 15 $1,895.95 $28,439.25 11 Cisco Power Supply 10 $590.06 $5,900.60 12 Cisco Power Cable 10 $28.10 $281 .00 13 Cisco SFP+ transceiver module 5 $2,439.74 $12,198.70 C2G 2m LC-LC 9/125 Single Mode OS2 14 Fiber Cable 10 $30.00 $300.00 ComSol Professional Services: Installation 15 & Configuration 1 $5,760.00 $5,760.00 Total $126,866.69 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E ,mus cr, SERVICE AGREEMENT NO. 101201 U Oso Wastewater Treatment Plant Network Upgrade ya er p R n14O xs5a THIS Oso WasteWater Treatment Plant Network Upgrade Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Great South Texas Corp dba Computer Solutions ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Oso WasteWater Treatment Plant Network Upgrade in response to Request for Bid/Proposal No. DIR-TSO-1467/R101201 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Oso WasteWater Treatment Plant Network Upgrade ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. 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 prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $126,866.69, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E 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: Alan Carlos IT Department 361-826-3782 AlanCarlosCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 Contractor 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: Alan Carlos Assistant Director of Information Technology 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3782 Fax: n/a IF TO CONTRACTOR: Great South Texas Corp dba Computer Solutions Attn: David Jones Inside Sales Representative 814 Arion Parkway, Suite 101 , San Antonio, TX 78216 Phone: 210-369-0300 Fax: 210-369-0389 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E CONTRACTOR DocuSigned by: Signature: Ly FE E Printed Name: David Tones Title: inside sales Associate Date: 4/8/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. DIR-TS0-1467/R101201 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E �pUS Cl�z;; ATTACHMENT A: SCOPE OF WORK oxPEO c1852 Project Name: OSO Wastewater Treatment Plant Network System Upgrade Project Address: City of Corpus Christi, City Hall, 1201 Leopard Street, 1 St Floor, Corpus Christi Texas, 78401 Background: The City of Corpus Christi Information Technology (IT) Department is implementing a new Rockwell SCADA System at the OSO Wastewater Treatment Plant. The current network does not meet new SCADA Standards. Scope of Work Services Part#COMSOL-PS: A. Implementation & Configuration of Network BOM consisting of (1) FPR1150 Firewall, (1 ) C9300 Switch, (5) IESK Switches and associated licensing and components. B. Contractor shall assist the City of Corpus Christi with the deployment and implementation of a new Operational Technology "OT" Network at the Oso Wastewater Treatment Plant. C. The City's primary Information Technology "IT" Network will provide a demarcation point at an existing Cisco 9300 located within the Administration Building at Oso Wastewater. D. From that point, the new OT Network will transition through a Cisco 1 150 Firewall, which will then provide connectivity to an OT Network MDF switch (Cisco 9300-24U-A) for OT routing within the plant. This MDF switch will provide 10Gb connectivity to five (5) environmentally hardened Cisco IE5000 switches over existing single-mode fiber. E. These IE5000 switches will be located in the various control buildings and NEMA boxes throughout the plant and facilitate connections to OT equipment. Computer Solutions will provide engineering resources to physically install and configure the new Cisco equipment. Page 1 of 1 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E ATTacnmenT a: Diu/racing Schedule Great South Texas Corp dba Computer Quote _ r Solutions 814 Anion Parkway,Suite 101 Date Expiration San Antonio,Texas 78216 Dec 14,2020 05:50 PM Date United States 00I`1 cluber Y http://www.comsoltx.com I05/31/2021 rLa, � k4 CST(P)(210)369-0300 Modified Date ons (F)210-369-0389 Mar 29,2021 12:10 PM CDT SLIMNESS. TECHROLGGY. INNOVATION Doc# 1027764 -rev 2 of 2 Description Oso Wastewater OT SalesRep Jones, David (P)210-369-0318 (F)210-369-0389 Customer Contact Carlos, Alan (P)361-826-3782 alancarlos@cctexas.com Customer Bill To Ship To Certifications:WBE/SBE/HUB# City of Corpus Christi(16975) City of Corpus Christi City of Corpus Christi 1942650013800 Exp:04/26/2022 Carlos,Alan Accounts,Payables 1201 Leopard Street Sales Order Type:Drop Ship- 1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78401 Ship to customers location Corpus Christi,TX 78401 Corpus Christi,TX 78401 United States United States United States (P)361-826-3740 (P)361-826-3740 (P)361-826-4091 (F)361-826-4551 Customer PO: Terms: Ship Via: Net 30 Days FedEx Ground Special Instructions: Carrier Account#: # Image Description Part# List Price Qty Unit Price Total 1 Cisco SFP+Copper Twinax Cable SFP-H10GB- $109.35 1 $61.24 $61.24 Wi Direct attach cable-SFP+to SFP+-3.3 ft-twinaxial-for 250 Series;Catalyst CU1 M= 2960,2960G,2960S;Nexus 93180,9336,9372;UCS 6140,C4200 Note: DIR-TSO-4167 Cisco-44% 2 Cisco FirePOWER 1150 Next-Generation Firewall FPR1150- $15,047.48 1 $6,169.47 $6,169.47 Firewall-front to back airflow-1 U-rack-mountable NGFW-K9 Note: DIR-TSO-4167 Cisco-59% Included Components: CAB-AC 1 AC Power Cord(North America),C13,NEMA 5-15P,2.1m SF-F1 K-TD6.6-K9 1 Cisco Firepower Threat Defense software v6.6 for FPR1000 FPR1K-RM-SSD200-1 Cisco Firepower 1K Series 20OGB for FPR-1120/1140 FPR1 K-RM-ACY-KIT 1 Cisco Firepower 1 K Series Accessory Kit for FPR-1120/1140 FPR1000-ASA 1 Cisco Firepower 1000 Standard ASA License 3 Cisco Smart Net Total Care CON-SNT- $1,200.00 3 $960.00 $2,880.00 Extended service agreement-replacement-8x5-response time:NBD-for P/N: FPR1150N FPR1150-NGFW-K9 Note: DIR-TSO-4167 Cisco-20% 3 Year SNT 8x5xNBD Smartnet 4 Cisco Threat Defense Threat Protection L-FPR1150T- $7,200.00 1 $0.00 $0.00 11 —. Subscription license(3 years)-1 appliance-ESD-for P/N:L-FPR1150T-T= T-3Y Note: $0 at initial purchase,will drive True-Up on next annual of SEC-EA 5 Cisco SFP+Copper Twinax Cable SFP-H10GB- $109.35 1 $61.24 $61.24 Direct attach cable-SFP+to SFP+-3.3 ft-twinaxial-for 250 Series;Catalyst CU1 M= 2960,2960G,2960S;Nexus 93180,9336,9372;UCS 6140,C4200 Note: DIR-TSO-4167 Cisco-44% 6 Cisco Catalyst 9300 C9300-24U-A $6,466.07 1 $3,621.00 $3,621.00 EFOW Network Advantage-switch-L3-managed-24 x 10/100/1000(UPOE)-rack- mountable-UPOE(830 W) Page 1 of 3 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E Part# List Price City Unit Price Total Note: DIR-TSO-4167 Cisco-44% Included Components: SC9300UK9-173 1 UNIVERSAL PWR-C1-1100WAC-P 1 1100W AC 80+platinum Config 1 Power Supply CAB-TA-NA 2 North America AC Type A Power Cable C9300-SSD-NONE 1 No SSD Card Selected C9300-STACK-NONE 1 No Stack Cable Selected C9300-SPWR-NONE 1 No Stack Power Cable Selected 7 Cisco SMARTnet CON-SNT- $463.57 3 $370.86 $1,112.58 Extended service agreement-replacement-8x5-response time:NBD-for P/N: C93002UA C9300-24U-A,C9300-24U-A=,C9300-24U-A-RF Note: DIR-TSO-4167 Cisco-20% 3 Year SNT 8x5xNBD Smartnet 8 ® Cisco Config 1 Secondary Power Supply PWR-C1- $1,906.65 1 $1,067.72 $1,067.72 Power supply-hot-plug/redundant(plug-in module)-80 PLUS Platinum-AC 1100WAC- 115-240 V-1100 Watt-for Catalyst 3850-48F-E,3850-48F-L,3850-48F-S P/2 Note: DIR-TSO-4167 Cisco-44% 9 Cisco Digital Network Architecture Advantage C9300-DNA- $2,017.04 1 $0.00 $0.00 Term License(3 years)-24 ports-for P/N:C9300-24H-A,C9300-24U-A,C9300- A-24-3Y 24UB-A,C9300-24UX-A,C9300-24UXB-A,C9300-DNA-A-24= Note: $0 at initial purchase,will drive True-Up on next annual of EN-EA Included Components: C9300-DNA-A-24 1 C9300 DNAAdvantage,24-port Term Licenses C9300-NW-A-24 1 C9300 Network Advantage,24-port license PI-LFAS-T 1 Prime Infrastructure Lifecycle&Assurance Term-Smart Lic PI-LFAS-AP-T-3Y 1 PI Dev Lic for Lifecycle&Assurance Term 3Y 10 _ Cisco Catalyst 9300 Series Network Module C9300-NM- $2,558.93 1 $1,330.64 $1,330.64 �' Expansion module-10 Gigabit SFP+x8-for Catalyst 9300 8X Note: DIR-TSO-4167 Cisco-48% 11 leCisco SFP-10G-LR- $2,086.00 5 $1,168.16 $5,840.80 SFP+transceiver module-10 GigE-10GBase-LR-LC/PC single-mode-up to 6.2 S= miles-1310 nm Note: DIR-TSO-4167 Cisco-44% 12 Cisco Industrial Ethernet 5000 Series IE-5000- $25,289.00 5 $10,368.49 $51,842.45 quENNIN Switch-managed-4 x 1 Gigabit/10 Gigabit SFP++12 x Fast Ethernet/Gigabit 12S12P-10G SFP+12 x 10/100/1000(PoE+)-rack-mountable-PoE+-TAA Compliant Note: DIR-TSO-4167 Cisco-59% Included Components: SIE5UK9T-15207E 5 Cisco IE5000 UNIVERSAL WITH WEB BASED DEV MGR RPS-IE5000-COVER 5 Power Supply Blank for IE5000 13 Cisco SMARTnet CON-SNT- $2,369.93 15 $1,895.95 $28,439.25 Extended service agreement-replacement-8x5-response time:NBD-for P/N: IES12P50 IE-5000-12S12P-10G, IE500012S12P10G-RF, IE500012S12P10G-WS Note: DIR-TSO-4167 Cisco-20% 3 Year SNT 8x5xNBD Smartnet 14 ® Cisco PWR-RGD- $1,404.90 10 $590.06 $5,900.60 Power supply-hot-plug(plug-in module)-AC 100-240/DC 100-250 V-250 Watt- AC-DC-250 for Industrial Ethernet 4000 Series,5000 Series Note: DIR-TSO-4167 Cisco-58% 15 Cisco Digital Network Architecture Advantage IE5000-DNA- $1,906.65 5 $0.00 $0.00 11 ?" Term License(3 years) A-H-3Y Note: $0 at initial purchase,will drive True-Up on next annual of EN-EA 16 Cisco CAB-TA-NA= $50.18 10 $28.10 $281.00 Power cable-IEC 60320 C15 to NEMA 5-15(M)-AC 110 V-8 ft-North America- for Catalyst 3850-24,3850-48,9200 Note: DIR-TSO-4167 Cisco-44% 17 e Cisco SFP-10G-LR- $4,356.68 5 $2,439.74 $12,198.70 SFP+transceiver module-10 GigE-10GBase-LR-LC/PC single-mode-up to 6.2 X= miles-1310 nm Note: DIR-TSO-4167 Cisco-44% 18 C2G 2m LC-LC 9/125 Single Mode OS2 Fiber Cable 26264 $43.99 10 $30.00 $300.00 +00 Yellow-6ft-Patch cable-LC single-mode(M)to LC single-mode(M)-2 m-fiber optic-OS2 Page 2 of 3 DocuSignSEnvelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E I- "11-1U.11 do& I Part# List Price Oty Unit Price Total 19 ComSol Professional Services: Installation&Configuration COMSOL-PS $5,760.00 1 $5,760.00 $5,760.00 Fixed Bid Service Ticket Note: ComSol DIR-TSO-4167(Cisco)Sr.Engineer 24 Hours @$240/Hour Implementation&Configuration of Network BOM consisting of(1)FPR1150 Firewall,(1)C9300 Switch,(5)IESK Switches and associated licensing and components. Notes Subtotal: $126,866.69 Cisco DIR-TSO-4167-Expires 07/03/2021 Tax(.0000%): $0.00 Co.Certifications:HUB/SBE/WBE Shipping: $0.00 Total: $126,866.69 (List Price: $264,896.88) Thank you for the opportunity to provide this quote. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. Page 3 of 3 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Page 1 of 3 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and Page 2of3 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts - Hardware Installation 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:A54BBC59-4187-41 EO-9E4A-059E8D6D2B3E Attachment D: Warranty Requirement Warranty is not required for this service agreement; therefore, Section 8-Warranty, subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Audio and Video Upgrades to City Council Chambers CAPTION: Motion authorizing a three-year service agreement with The Personal Computer Store, Inc., dba Avinext of College Station, Texas, in an amount of $330,755.99 for audio and video upgrades to the City Council Chambers to include electronics, programming, installation and support to be part of a longer City Council Chamber renovation project, effective upon issuance of a notice to proceed, with FY 2021 funding available in the PEG (Public, Education, and Government) Cable Fund. SUMMARY: This motion authorizes a purchase of audio and video electronics, programming, installation, and support from The Personal Computer Store, Inc., dba Avinext, to upgrade the City Council Chambers' audio and video equipment. This project is part of the complete renovation of the City Council Chambers to include new carpeting, lighting, painting, new chairs, that will begin in late summer 2021 . BACKGROUND AND FINDINGS: The current audio and video system in the City Council Chambers is at its end-of-life which causes degradation of audio and video during meetings in the City Council Chambers, social media streams, and live broadcasts. This project will replace audio and video equipment which includes monitors, speakers, microphones, requests to speak, and controlling media equipment. Also, this project includes services to install, program, tune and test the new equipment for the City Council Chambers which will also integrate to the audio and video system in the conference room on the sixth floor of City Hall. This project is part of the complete renovation of the City Council Chambers to include new carpeting, lighting, painting, new chairs, that will begin in late summer 2021 . PROCUREMENT DETAIL: The IT Department contacted Contracts and Procurement to issue a contract through the Texas Department of Information Resources (DIR) Purchasing Cooperative. Contracts awarded through the DIR Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: If this item is not passed, then the current audio and video system in the City Council Chambers stays the same, and the audio and video system will have to be repaired as needed as equipment continues to fail. FISCAL IMPACT: The fiscal impact for Communications in FY 2021 is an amount not to exceed $330,755.99 for the purchase of audio and video hardware and services from The Personal Computer Store, Inc., dba Avinext. The funding for this project will come from the PEG (Public, Education, and Government) Cable Fund. FUNDING DETAIL: Fund: 1031 PEG Cable Organization/Activity: 14676 Cable PEG Access Mission Element: 172 Communicate Information to Public & Workforce Project # (CIP Only): n/a Account: 550050 Computer Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of audio and video hardware and services from The Personal Computer Store, Inc., dba Avinext, to upgrade the City Council Chambers' audio and video equipment. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C SC ©� � H SERVICE AGREEMENT NO. 99916 U Audio/Video Upgrade for Council Chambers ya er p R n14O xs5a THIS Audio/Video Upgrade for Council Chambers Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The Personal Computer Store, Inc., dba Avinext ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Audio/Video Upgrade for Council Chambers in response to Request for Bid/Proposal No. 99916 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Audio/Video Upgrade for Council Chambers ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. 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 prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $330,755.99, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C 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: Peter Collins IT Department 361 .826.3735 PeterCCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 Contractor 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: Peter Collins Director of Information Technology 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361 .826.3735 Fax: n/a IF TO CONTRACTOR: The Personal Computer Store, Inc., dba Avinext Attn: Jonathan Reed Sales Representative 1400 University Drive East, College Station, TX 77840 Phone: 979.846.9727 Fax: 979.268.1017 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C CONTRACTOR ocuSigned by: Em Signature: Imo"t, B5607B5A3923430... Printed Name: Tim Rhome Title: General Manager Date: 3/31/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 99916 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C �pUS C O ow '� a ATTACHMENT A: SCOPE OF WORK oxPEO c1852 Project Name: Council Chambers Audio Video Upgrade Project Address: City of Corpus Christi, City Hall, 1201 Leopard Street, 1 It Floor, Corpus Christi Texas, 78401 Background: The goal of this project is to upgrade the existing council chambers audio and video (AV) experience. This will give the users a more enjoyable and reliable experience and reduce the maintenance load on staff. Scope of Work VIDEO 1 . The Contractor shall install a new AV over IP video distribution system which will handle video distribution to the four current displays in the Council Chambers. 2. The Contractor shall replace the council dais displays with 24" touch monitors on stands that will allow them to be laid at an angle in which does not obstruct the view 3. The Contractor shall install a 98" display equipped with a small webcam and ceiling microphone system separate from the main system at the back section of the Council chambers to receive from the main system which can also function as a standalone system for smaller meetings and web conferences. This interactive display will be equipped with an OPS PC to allow for a seamless experience 4. The Contractor shall install two 98" displays above the council dais. 5. The Contractor shall include they video production system input needed for the current streaming and television setup. AUDIO 1 . The Contractor shall install a new DSP for audio routing to handle all audio routing and tuning. 2. The Contractor shall remove existing analog mixer boards from the system to allow for a more consistent reliable experience. 3. The Contractor shall install new ceiling speakers for the council chambers, lobby outside the chambers and the conference rooms. 4. The Contractor shall configure the system into multiple zones to allow for separate audio in the back of the council chambers when being used for smaller meetings, lobby, offices using OFE speakers, and conference rooms. 5. The Contractor shall install new amplifiers to power the new speakers at the correct voltage. Page 1 of 2 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C 6. The Contractor shall tune the system to achieve the best audio possible in the space with an emphasis on voice lift due to the use of the system. 7. The Contractor shall replace all wired microphones on the dais with wireless Shure conference system tied in with the RTS. 8. The Contractor shall replace staff table and podium microphones with wired microphones. 9. The Contractor shall add four new wireless microphones to the system and the existing eight OFE wireless boundary mics will be reused with the intent to use them for smaller meetings. l O.The contractor shall install four outputs for media hookups on the left side of the council chambers and four outputs will be installed on the right side near the back of the council chambers. 1 1 .The contractorwill install ceiling mics to allow forvoice pickup in the majority of the room. Control 1 . The contractor will install and configure 1-10" touch panel in the control room, 1-7" panel in the city secretary's desk, and 1-7" touch panel in the wall near the interactive display to run the rear area when the system is being used in the smaller configuration. 2. The contractor will install an RTS system on the dais for each council member which will be tied into the council mics. This will allow for standard RTS functionality as well as remote management of the council mic from the control room in the event it is needed. Page 2 of 2 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C )rlCing Schedule " Quotation vine . . _ AV SAVVY. NETWORK SMART. 194027-B 03/19/21 Formerly MicroAge College Station ill Rep The Personal Computer Store, Inc. 1400 University Drive East-College Station,TX 77840 Jonathan Reed Phone(979)846-9727 Fax(979)268-1017 979-595-2798 Ext. www.Avinext.com reed@avinext.com For Phones Peter Collins (218)242-9642 City of Corpus Christi 1201 Leopard Street Via Corpus Christi, TX 78401 ' ' United States Will Call STD NET 30 3/11/2021 Part Description Qty List Price Price Ext. Price 1 Quote is Valid for 90 Days(Expires 90 days after 3/19/2021) 2 COMDIRIT2 Avinext DIR Educational IT and Service Contract 1 $0.00 $0.00 $0.00 DI R-CPO-4448 3 HDWMOUNT Avinext Mounting Hardware 1 $2,750.00 $2,475.00 $2,475.00 4 SER100014 Avinext Project Manager 120 $125.00 $112.50 $13,500.00 5 SER10007 Avinext A/V Technician 150 $95.00 $85.50 $12,825.00 6 SER10008 Avinext Lead A/V Technician 150 $125.00 $112.50 $16,875.00 7 SER100080 Avinext Lead A/V Programmer 136 $160.00 $144.00 $19,584.00 8 SER10009 Avinext Lead A/V Designer 40 $160.00 $144.00 $5,760.00 9 SER10016 Avinext Travel Expenses 1 $10,059.00 $10,059.00 $10,059.00 10 WAR03XD Avinext 3 Year On-Site Warranty 1 $30,418.05 $27,376.24 $27,376.24 11 SER100014 Avinext Project Manager 88 $125.00 $112.50 $9,900.00 12 SER10007 Avinext A/V Technician 130 $95.00 $85.50 $11,115.00 13 SER10008 Avinext Lead A/V Technician 130 $125.00 $112.50 $14,625.00 14 SER100080 Avinext Lead A/V Programmer gg $160.00 $144.00 $14,256.00 15 CMSHDW Chief CMSHDW 25 CABLE&CABLE LOCK KIT 3 $37.00 $25.90 $77.70 (QTY 4) 16 CPA072P Chief CPA072P 72" PERFORATED COLUMN 2 $148.00 $103.60 $207.20 17 CPA120 Chief CPA120 CPA120 COLUMN 2 $187.00 $130.90 $261.80 18 CPA330 Chief CPA330 OFFSET CEILING PLATE CPA 4 $70.00 $49.00 $196.00 STYLE 19 FCAC1LB Chief FCAC1LB FUSION BACK COVER SINGLE 2 $407.00 $293.04 $586.08 LCMBLK 20 LCM1U Chief LCM1U SINGLE CEILING MOUNT LARGE 2 $380.00 $273.60 $547.20 BLACK 21 LTM1 U Chief LTM1 U Micro-Adjust Tilt Wall Mount Large 1 $321.00 $231.12 $231.12 22 PAC 116 Chief PAC116 STEEL STUD/DRYWALL ANCHOR 1 $36.00 $25.92 $25.92 KIT-8PC 03/30/21 10:45:11 Page 1 / 5 1 of 5 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Avinext Quote# 194027-B Part Description Qty List Price Price Ext. Price 23 PACPC1 Chief PACPC1 POWER CONDITIONER 5 $205.00 $143.50 $717.50 ACCESSORY 24 XCM1U Chief XCM1U XL SINGLE COLUMN CEILING 2 $577.00 $415.44 $830.88 MOUNT 25 AM-200 Crestron AM-200 AirMedia® Presentation System 1 $1,800.00 $1,116.00 $1,116.00 200 26 CBL-HD-12 Crestron CBL-HD-12 Crestron®Certified HDMI® 22 $70.00 $43.32 $953.04 Interface Cable, 18 Gbps, 12 ft(3.6 m) 27 CBL-HD-20 Crestron CBL-HD-20 Crestron®Certified HDMI® 1 $100.00 $62.00 $62.00 Interface Cable, 18 Gbps, 20 ft(6.1 m) 28 CBL-HD-6 Crestron CBL-HD-6 Crestron®Certified HDMI® 16 $50.00 $31.00 $496.00 Interface Cable, 18 Gbps, 6 ft(1.8 m) 29 CP4N Crestron CP4N 4-Series Control System 1 $2,800.00 $1,736.00 $1,736.00 30 DMF-CI-8 Crestron DMF-CI-8 DigitalMediaTM Card Chassis 1 $2,000.00 $1,400.00 $1,400.00 for DM-NVX-C&DMCF, 8 Slots 31 DM-NVX-360 Crestron DM-NVX-360 DM NVX®4K60 4:4:4 HDR 10 $1,800.00 $1,260.00 $12,600.00 Network AV Encoder/Decoder 32 DM-NVX-360C Crestron DM-NVX-360C DM NVX®4K60 4:4:4 2 $1,800.00 $1,260.00 $2,520.00 HDR Network AV Encoder/Decoder Card 33 DM-NVX-E30 Crestron DM-NVX-E30 DM NVX®4K60 4:4:4 HDR 3 $1,300.00 $910.00 $2,730.00 Network AV Encoder 34 DM-NVX-E30C Crestron DM-NVX-E30C DM NVX®4K60 4:4:4 4 $1,300.00 $910.00 $3,640.00 HDR Network AV Encoder Card 35 HD-DA4-4KZ-E Crestron HD-DA4-4KZ-E 1:4 HDMI®Distribution 5 $550.00 $341.00 $1,705.00 Amplifier w/4K60 4:4:4 &HDR Support 36 TS-1070-B-S Crestron TS-1070-B-S 10.1 in. Tabletop Touch 1 $3,000.00 $1,860.00 $1,860.00 Screen, Black Smooth 37 TS-770-B-S Crestron TS-770-B-S 7 in. Tabletop Touch Screen, 2 $2,000.00 $1,240.00 $2,480.00 Black Smooth 38 TSW-770-B-S Crestron TSW-770-B-S 7 in. Wall Mount Touch 1 $1,800.00 $1,116.00 $1,116.00 Screen, Black Smooth 39 USB-NX2-LOCAL-1 G- Crestron USB-NX2-LOCAL-1 G-B USB over 1 $850.00 $527.00 $527.00 B Ethernet Network Endpoint Wall Plate with Routing, Local, Black 40 U SB-NX2-R EMOTE-1 Crestron U SB-NX2-R EMOTE-1 G-B USB over 4 $850.00 $527.00 $2,108.00 G-B Ethernet Network Endpoint Wall Plate with Routing, Remote, Black 41 60-1731-01 4K/60 Annotation Processor with USB Extension 1 $6,590.00 $3,954.00 $3,954.00 42 100036 LWC 100036 EZ-RJ45 BOOT CAT6 CLEAR 56 $0.24 $0.17 $9.52 43 11108080034 LWC 11108080034 RJ45 PLUG 8P8C CAT6 56 $0.64 $0.45 $25.20 CLEAR 44 18-2C-P-BLK LWC 18-2C-P-BLK COMMERCIAL 18/2 CMP 810 $0.28 $0.19 $153.90 BLACK 45 20SD-BNCM-M-25 LWC 20SD-BNCM-M-25 VIDEO BNC M-M 25' BLK 3 $43.58 $30.51 $91.53 46 22-1 P-CMP-EZ-BLK LWC 22-1 P-CMP-EZ-BLK QWI KSTRI P 22/1 P 50 $0.37 $0.26 $13.00 AUDIO CMP BLK 47 24-4P-P-L6-EN-BLK LWC 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP 2800 $0.61 $0.42 $1,176.00 CMP BLACK 48 E-USBAB-15 LWC E-USBAB-15 USB 2.0 MOLDED AM-BM 15' 17 $14.04 $9.83 $167.11 BLACK 49 LV1 LWC LV1 LOW VOLT MT/BRKT SG RETRO 2 $1.62 $1.13 $2.26 50 BGR-4538 Middle Atlantic BGR-4538 45SP/38D MULTIBAY 1 $1,983.00 $1,288.95 $1,288.95 BGR RK 51 BSPN-45-38 Middle Atlantic BSPN-45-38 45SP 38DP BGR 1 $1,117.00 $726.05 $726.05 SIDE PANELS 03/30/21 10:45:11 Page 2 / 5 2 of 5 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Avinext Quote# 194027-B Part Description Qty List Price Price Ext. Price 52 CBS-BGR Middle Atlantic CBS-BGR BGR CASTER KIT 1 $243.00 $157.95 $157.95 W/HDWARE 53 E131 Middle Atlantic E131 1 S FLANGED ECONO 6 $12.00 $7.80 $46.80 BLANK 54 PD-2415SC-NS Middle Atlantic PD-2415SC-NS 24 OUTLET 1X1 5A 2 $216.00 $140.40 $280.80 CIRC. W/ 55 U1V Middle Atlantic U1V 1SP VENTED UTILITY SHELF 1 $62.00 $40.30 $40.30 56 AD-C6T-LP QSC AD-C6T-LP 6.5"Two-way low-profile ceiling 12 $225.00 $157.50 $1,890.00 speaker, 70/100V transformer with 16? bypass, 135° conical DMT coverage, includes C-ring and rails for blind mount installation, 0305 mm cut-out. Available in white only. Priced individually but must be purchased in pairs. 57 CIML4 QSC CIML4 Four channels of microphone/ 2 $350.00 $245.00 $490.00 line-level analog audio input with 48V phantom power. 58 COL4 QSC COL4 Four channels of balanced, line-level 2 $320.00 $224.00 $448.00 analog output. 59 SL-QUD-510-P QSC SL-QUD-510-P Q-SYS Core 510 UCI 1 $420.00 $294.00 $294.00 Deployment Software License, Perpetual. 60 CORE 510i Kit QSC CORE 510i Kit Integrated Core with eight 1/0 1 $6,680.00 $4,676.00 $4,676.00 card slots, 256 x 256 networked audio channels, dual redundant media LAN ports, one Auxiliary LAN port, 16 configurable GPIO, 64 next-generation AEC processors, 2RU. Can also be configured via software as an 1/0-Frame offering 128 x 128 networked audio channels. Rear plates(RP1 Kit) are included. 61 CX-Q 4K8 QSC CX-Q 4K8 8-Channel 500W/CH Q-SYS 1 $4,760.00 $3,332.00 $3,332.00 Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmpTM, with Mic/line Inputs, 100-240V. 62 1/0-USB BRIDGE QSC : 1/0-USB Bridge 1 $1,920.00 $1,344.00 $1,344.00 63 PTZ-12x72 QSC PTZ-12x72 Q-SYS PoE camera for 1 $4,175.00 $2,922.50 $2,922.50 AV-to-USB Bridging. 12x Optical Zoom 72° horizontal field of view. For small to medium conference rooms. Includes Lan, 3G-SDI and HDMI; includes a PTZ-WMB1 (Wall Mount Bracket). 64 SL-DAN-64-P QSC SL-DAN-64-P Q-SYS Software-based Dante 1 $1,335.00 $934.50 $934.50 64x64 Channel License, Perpetual 65 MZ-V7S250B/AM Samsung 970 EVO Plus Series-250GB PCIe 1 $95.00 $68.03 $68.03 NVMe-M.2 Internal SSD 66 QB75R Samsung QB75R Edge Lit 4K 2 $2,769.00 $2,231.81 $4,463.62 67 QB98R Samsung QB98R Edge Lit 4K 3 $10,000.00 $8,000.00 $24,000.00 68 A710-TB Shure A710-TB TILE BRIDGE FOR 2 FT MXA710 6 $95.00 $76.00 $456.00 69 AN14OUT-XLR Shure AN14OUT-XLR 4-Output, XLR connectors, 3 $550.00 $440.00 $1,320.00 Mic/Line DanteTm Audio Network Interface with PEQ and Audio Summing 70 MXA710W-4FT Shure MXA710W-4FT LINEAR ARRAY MIC, 3 $2,699.00 $2,159.20 $6,477.60 WHITE, 4 FT 71 MXC420DF/C Gooseneck Microphone, Length 50 cm, dual bend 20 $290.00 $232.00 $4,640.00 72 MXCW640 Wireless Conference Unit 20 $1,998.00 $1,598.40 $31,968.00 73 MXCWAPT-A Access Point Receiver 1 $5,000.00 $4,000.00 $4,000.00 74 MXCWNCS Networked charging station 2 $1,500.00 $1,200.00 $2,400.00 75 SB900A 4 $118.00 $94.40 $377.60 03/30/21 10:45:11 Page 3 / 5 3 of 5 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Avinext Quote# 194027-B Part Description Qty List Price Price Ext. Price Shure SB900A Shure Lithium-Ion Rechargeable Battery 76 SB930 Rechargeable Battery 20 $230.00 $184.00 $3,680.00 77 SBC220 Shure SBC220 2 Bay Networked Docking Station 1 $356.00 $284.80 $284.80 78 SBC220-US Shure SBC220-US 2 Bay Networked Docking 1 $438.00 $350.40 $350.40 Station 79 UA8100 Shure UA8100 100' UHF Remote Antenna 2 $255.00 $204.00 $408.00 Extension Cable, BNC-BNC, RG213/U Type 80 UA834WB Shure UA834WB In-line antenna amplifier for 2 $179.00 $143.20 $286.40 remote mounting. (470-902 MHz) 81 ULXD1=-H50 Shure ULXD1=-H50 Digital Wireless Bodypack 2 $556.00 $444.80 $889.60 Transmitter with Miniature 4-Pin Connector 82 ULXD2/B58=-H50 Shure ULXD2/B58=-H50 Handheld Transmitter 2 $693.00 $554.40 $1,108.80 with BETA 58A® Microphone 83 ULXD4Q=-H50 Shure ULXD4Q=-H50 Quad Digital Wireless 1 $6,269.00 $5,015.20 $5,015.20 Receiver with internal power supply, 1/2 Wave Antenna and Rack Mounting Hardware 84 WL185 Shure WL185 Microflex®Cardioid Lavalier 2 $124.00 $99.20 $198.40 Microphone 85 SUPER713 Tripp Lite SUPER713 SURGE PROTECTOR 6 $27.60 $18.07 $108.42 POWER STRIP 120V 7 OUTLET 7FEET CORD 2160 JOULES BLACK 86 N235-001-6A Tripp Lite N235-001-6A CAT6A STRAIGHT 29 $24.83 $16.26 $471.54 THROUGH MODULAR IN LINE SNAP IN COUPLER RJ45 F/F 87 88 COMNOT Non-Contract Items 1 89 Teranex Mini HDMI to Blackmagic BMD-CONVNTRM/AB/HSDI Teranex 1 $495.00 $495.00 $495.00 SDI 12G Mini - HDMI to SDI 12G 90 CTMAASDIH Blackmagic CONVNTRM/AA/SDIH Teranex Mini 2 $495.00 $495.00 $990.00 12G-SDI to HDMI 91 BMD-CTMYASMTPN Blackmagic BMD-CONVNTRM/YA/SMTPN 3 $85.00 $85.00 $255.00 Teranex Mini -Smart Panel 92 CONVNTRM/YA/RSH Blackmagic BMD-CONVNTRM/YA/RSH Teranex 1 $85.00 $85.00 $85.00 Mini - Rack Shelf 93 CD-MX915H LWC CD-MX915H MaxBlox D-SUB Termination 5 $4.45 $3.14 $15.70 System Hood 94 CD-MX9F LWC CD-MX9F MaxBlox D-SUB Termination 5 $21.74 $15.33 $76.65 System Female D139 95 CD-MX9M LWC CD-MX9M MaxBlox D-SUB Termination 5 $22.15 $15.63 $78.15 System Male D139 96 03410 C2G 03410 1-PORT KEYSTONE WALLPLATE 2 $4.99 $1.58 $3.16 WHT 97 28102 C2G 28102 2m USB 2.0 A/B CBL BLK 2 $6.99 $6.29 $12.58 98 29926 C2G 29926 4ft UNIVERSAL POWER CORD(C13 3 $7.99 $6.40 $19.20 to 5-15P) 99 38989 C2G 38989 25ft USB A to B M/M Active Cable 1 $28.99 $26.09 $26.09 100 AR-DVM-HDF LWC AR-DVM-HDF CABLE ADAPTER DVI-HD 5" 1 $23.88 $16.85 $16.85 BLACK 101 E351806 2402L 241 WIDE LCD DT FULL HD PROJ CAP 17 $624.00 $537.30 $9,134.10 10TCH USB CTLR ZERO-BEZEL 102 SL102-100 Ergomart Limbo w/ 100 VESA 16 $129.00 $109.00 $1,744.00 103 BKNUC8V5PNK1 Intel NUC 8 Pro Kit NUC8v5PNK, US cord, 1 $599.00 $542.44 $542.44 03/30/21 10:45:11 Page 4 / 5 4 of 5 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Avinext Quote# 194027-B Part Description Qty List Price Price Ext. Price 104 KVR24S17S8/8 8GB 2400MHz DDR4 Non-ECC CL17 SODIMM 1 $50.00 $46.73 $46.73 1 Rx8 105 FQC-08930 OEM Windows 10 Professional 64-bit English 1 1 $149.00 $0.00 $0.00 pack DSP OEI DVD 106 NK2BXWH-A NETKEY 2PORT WHT SURFACE MNT DIRECT 29 $2.28 $1.99 $57.71 SHIP INCREMENTAL OF 1 107 UTP28SP25BL 25FT CAT6 BLK CU PATCHCORD SD DIRECT 6 $23.80 $19.17 $115.02 SHIP INCREMENTAL OF 1 108 UTP28SP7BL 7FT CAT6 BLK CU PATCHCORD SD DIRECT 42 $14.34 $11.66 $489.72 SHIP INCREMENTAL OF 1 109 PC-G1790-E-P-C LWC PC-G1790-E-P-C SG FP W/HDMI -CLEAR 1 $53.80 $35.43 $35.43 ANODIZE SubTotal $330,755.99 Sales Tax $0.00 Shipping $0.00 Total $330,755.99 QUOTES ARE VALID FOR 30 DAYS FROM THE DATE SHOWN ABOVE. PRICES SUBJECT TO CHANGE- PRICES BASED UPON TOTAL PURCHASE-ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED-GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE TO THREE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS-WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE HELD LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, OR DAMAGES RELATED TO THIS AGREEMENT. 03/30/21 10:45:11 Page 5 / 5 5 of 5 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C INSURANCE REQUIREMENTS A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Page 1 of 3 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and Page 2 of 3 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts - Hardware Installation 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:50CF6F5F-34CB-4047-B3AC-625FE994431 C Attachment D: Warranty Requirements 1 . Three years for parts, labor and hardware. Page 1 of 1 City of Corpus Christi Price Sheet Audio/Video Upgrade for Council Sr. Buyer: Minerva Alvarado Chambers D I R-CPO-4448 The Personal Computer Store, Inc., dba Avinext College Station, TX Item Description Qty Cost Total Audio/Video Upgrades to Council 1 Chambers to include parts, labor, 1 $330,755.99 $330,755.99 warranty Total $330,755.99 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase and Lease-Purchase of Three Brush Container Trucks CAPTION: Motion authorizing the purchase of one brush container truck and the lease-purchase via JP Morgan of two brush container trucks from Houston Freightliner, Inc. of Houston, Texas for a total amount of $464,320.42, as replacement units for Solid Waste Services, effective upon issuance of a letter of acceptance, with FY 2021 funding of $149,620 through the Equipment Replacement Fund and $20,980.04 in the General Fund with lease purchase payments to commence in FY 2022. SUMMARY: This motion is to authorize purchase of one brush container truck and the lease-purchase of two brush container trucks, as replacement units for Solid Waste Services, through the Houston- Galveston Area Council (H-GAC Cooperative). This equipment will be used in support of the department's brush and bulky items collection requirements. BACKGROUND AND FINDINGS: Solid Waste Services has a need to replace three brush container trucks to meet the department's brush and bulky items collection requirements that also support post storm clean-up efforts. Two of the trucks will be funded through the lease purchase program, and one through the Equipment Replacement Fund. The replacements are for 3 units that have exceeded their 7-year (8,400 hour) expected service life. Depending on manufacturing and production schedules, equipment typically takes six to nine months to receive from the date of order. Funding was budgeted in the FY 2021 Equipment Replacement Fund and General Fund Budget and will be requested for future fiscal periods until the 60-month lease purchase obligation is paid in full. PROCUREMENT DETAIL: This procurement is through the Houston-Galveston Area Council (H-GAC Cooperative) Buy Cooperative. Contracts awarded through the HGAC-Buy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the HGAC Cooperative is 31% less than MSRP. In view of these savings through the HGAC Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: The alternative is continuing to use the older brush container trucks, incur increasing maintenance costs, and reduce readiness level to meet operational requirements. FISCAL IMPACT: The fiscal impact for FY 2021 is a total amount of $149,620.00 for the purchase of one brush container truck to be funded through the Equipment Replacement Fund. The fiscal impact for the General Fund in FY 2021 for Solid Waste Services is estimated at $20,980.04. The remaining amount will be budgeted in future years through the annual budget process. Financing for the lease-purchase of two brush container trucks is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of$62,940.12. The total estimated cost over the five-year period, including principal of $299,240.00 and interest of $15,460.42 is $314,700.42. Total Lease-Purchase Price: $299,240.00 Total estimated allowable interest for Lease: $ 15,460.42 Grand Total: $314,700.42 FUNDING DETAIL: Fund: 5111 Equipment Replacement Fund Organization/Activity: 12500 Solid Waste Administration Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): Account: 550020 Vehicles & Machinery FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12511 Brush Collection Mission Element: 031 Waste & Brush Collection Project # (CIP Only): Account: 530190 Lease Purchase Payments RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one brush container truck and the lease-purchase of two brush container trucks from Houston Freightliner, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Picture City of Corpus Christi Price Sheet Contracts&Procurement Purchase of One &Lease Purchase of Two Brush Trucks Buyer: Tracy Garza Solid Waste Department HGACBuy Contract HTO6-20 HOUSTON FREIGHTLINER, INC. HOUSTON,TX ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2021 Diesel Powered Brush Truck, Lease-Purchase 2 $149,620.00 $299,240.00 2 2021 Diesel Powered Brush Truck, Purchase 1 $149,620.00 $149,620.00 TOTAL PURCHASE PRICEI $448,860.00 Brush Container Truck I � f r �� Z 1 i 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Lease-Purchase of One Tractor Truck CAPTION: Motion authorizing the lease-purchase of one tractor truck, via JP Morgan, from Lonestar Freightliner Group, LLC, of Grapevine, Texas, for a total amount of$141 ,956.98 to replace a truck used by Solid Waste, effective upon issuance of letter of acceptance with FY 2021 funding in the amount of $9,463.80 available through the General Fund and the remaining lease payments to commence in the FY 2022 through FY 2027. SUMMARY: This motion authorizes the replacement lease-purchase of one tractor truck for a total of $141 ,956.98 to be utilized by Solid Waste Operations. BACKGROUND AND FINDINGS: Solid Waste currently has a requirement for the lease purchase of one Tractor Truck. This unit will be used to pull a transfer trailer that hauls refuse from the J.C. Elliot transfer station to the Cefe Valenzuela landfill. This will be a replacement unit. The tractor truck being replaced has had significant downtime since it's purchase in 2015, harming production of operations at the transfer station. The unit currently has over 7,500 hours and a long-term maintenance cost exceeding $90,000. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 41% less than MSRP. In view of the savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to do without the replacement of the truck tractor and continue using the older trailers, struggling to meet mission requirements due to the increasing age and increased maintenance requirements. FISCAL IMPACT: The fiscal impact for Solid Waste Operations in FY 2021 is estimated at $9,463.80 available through the General Fund. The remaining cost will be budgeted through the annual budget process. Financing for the lease-purchase of one tractor truck is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of $28,391 .40. The total estimated cost over the five-year period, including principal of $134,983.00 and interest of $6,973.98 is $141 ,956.98. Total Lease-Purchase Price: $134,983.00 Total estimated allowable interest for Lease: $ 6,973.98 Grand Total: $141 ,956.98 FUNDING DETAIL: Fund: 1020 Organization/Activity: 12504 Mission Element: 033 Project # (CIP Only): Account: 530190 RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of one tractor truck from Lonestar Freightliner Group, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Picture of vehicle City of Corpus Christi Price Sheet Contracts&Procurement Lease-Purchase of One Tractor Truck Buyer: Tracy Garza Solid Waste Department BuyBoard Quote Contract#601-19 LONESTAR FREIGHTLINER GROUP GRAPEVINE,TX ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 12022 Western Star 4700SF Tractor Truck 1 $134,983.00 $134,983.00 TOTAL PURCHASE PRICE $134,983.00 Freightliner Tractor Truck low �t r J I � I 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Manhole Covers CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC, of Corpus Christi, Texas, in an amount not to exceed $77,217.05, to purchase manhole covers for the City Warehouse as a central distribution point for the Utilities Department, with funding in FY 2021 in an amount of$8,579.67 available through the Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement with Ferguson Enterprises, LLC to purchase manhole covers to be stocked by the City Warehouse to distribute these supplies on an as-needed basis to the Utilities Department for their operational material needs. BACKGROUND AND FINDINGS: The Utilities Department uses manhole covers to maintain and service outdated, and damaged manhole covers throughout the City. Due to the department's frequent need to purchase these items, a long-term supply agreement will allow the City Warehouse to keep a well-stocked inventory readily available when the department needs it. The incumbent, Core & Main LP, of Corpus Christi, had a three-year supply agreement for $166,185.00. The price differential for the present result is a direct effect of the quantities being drastically reduced due to not using the entire amount in the previous contract. PROCUREMENT DETAIL: The Contracts and Procurement Department conducted a Request for Bid process to obtain bids to establish a new three-year supply agreement. The City received two bids and is recommending the award to the lowest responsive responsible bidder, Ferguson Enterprises, LLC. ALTERNATIVES: An alternative to accepting this bid would be for the City Warehouse to continue purchasing these items on an as needed basis, with the possibility of an increased cost per item due to variable market conditions and changes to specific manhole covers bought frequently. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2021 is approximately $8,579.67. The remaining cost of$68,637.38 will be budgeted in future years through the annual budget process. 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 this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for the City Warehouse as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement gpvs cP City of Corpus Christi Bid Tabulation ren Contracts and Procurement Department RFB No.3534 Buyer: Liza Nino-Elizalde Manhole Covers for City Warehouse 1852 Ferguson Enterprises,LLC Core&Main,LP Corpus Christi,Texas Corpus Christi,Texas Estimated Item Description Unit QTY for Unit Price Total Price Unit Price Total Price 3-Years COVER SANITARY 32",EJIW,V1430C City 1 Stock No.3416 EA 10 $ 150.98 $ 1,509.80 $ 150.00 $ 1,500.00 RING+COVER MANHOLE 32", 2 EJIW,VI420/1480Z1,City Stock No.3417 EA 50 $ 275.49 $ 13,774.50 $ 300.00 $ 15,000.00 COVER&RING SANITARY 24", 3 EJIW,R&CV1 168,City Stock No.3418 EA 175 $ 253.04 $ 44,282.00 $ 255.00 $ 44,625.00 STORM WATER MANHOLE RING&COV,EJIW, 4 E41168004,City Stock No.3634 EA 25 $ 375.49 $ 9,387.25 $ 368.00 $ 9,200.00 COVER SANITARY 24", 5 EJIW,V1 168,City Stock No.3420 EA 75 $ 110.18 $ 8,263.50 $ 110.00 $ 8,250.00 GRAND TOTAL $ 77,217.05 $ 78,575.00 Page 1 of 1 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F SC > SUPPLY AGREEMENT NO. 3534 U Manhole Covers for City Warehouse fhaaaoRp 1852 THIS Manhole Covers for City Warehouse 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 ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Manhole Covers for City Warehouse in response to Request for Bid No. 3534 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor'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 Contractor agree as follows: 1. Scope. Contractor will provide Manhole Covers for City Warehouse 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 by written amendment 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 $77,217.05, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F 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: Finance - Warehouse Phone: 361-826-1750 Email: RobertPr@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City 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 Contractor 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 Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F 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 Street, Bldg. 6, Corpus Christi, Texas 78415 Phone: 361-826-1750 Fax: N/A IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Enrique Torres Jr. Title: Sales Address: 221 Junior Beck Drive, Corpus Christi, Texas 78405 Phone: 361-289-1977 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. 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 December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F CONTRACTOR DocuSigned by: Signature: � `0I�"� TOMS E Printed Name-. Enrique Torres Title: SALES Date: 4/16/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 3534 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Supplier shall provide manhole covers for the ity's Warehouse outlined in this Scope of Work. The manhole covers are used for existing and new service by the Utilities Department. Scope of Work A. The Supplier shall provide manhole covers, as outlined on the bid/pricing schedule. This specification covers manhole covers used by the City. The products specified will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock number listed on the bid/pricing sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. AIII manhole covers must have 1 inch hole, pick slot and be made of domestic steel. Contractor Quality Control and Superintendence All manhole covers will be defect free, properly packed and shipped to ensure a safe delivery. Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City Warehouse located at 5352 Ayers Street, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform to the specifications wil not be accepted by the City. 4. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 5. Supplier shal pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 6. Cancellations shall be in writing and sent to Supplier by email, fax, or mail. Page 1 of 2 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F 7. No restocking fee or payment of an kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Page 2 of 2 DocuSign Envelope ID:04F3B1FD-C74D-4A1B-B5DE-OF8FAFFF186F AND PRICING SCHEDULE �US C CITY OF CORPUS CHRISTI I 0 CONTRACTS AND PROCUREMENT BID FORM x RFB No. 3534 Manhole Covers for City Warehouse PAGE 1 OF 1 Date: 04/07/2021 Authorized Bidder: FERGUSON ENTERPRISES, LLC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's 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. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. :� �a^:. .r +,r«I f to v� -' t,�{■ ,y+.{, F,y� �g f kY A' " *m�'.f d {[C,'.a'"to C ' xl ds � 6 k c +py }y h• M- �� 3�`4l`3 X�� fM����4.�. i�11wi11Y ' a�s, o� �.`- 1 Cover Sanitary 32", 3416 EA 10 $ 150.98 $ 1,509.80 EJIW, V 1430C, No Substitutions 2 Ring+Cover Manhole 32", EJ IW,V1420/1480Z1, 3417 EA 50 $ 275,49 $ 13,774.50 No Substitutions 3 Cover& Ring Sanitary 2N', EJIW, R&CV1168, 3418 EA 175 $ 253.04 $ 44,282.00 No Substitutions 4 Storm Water Manhole Ring & Cov, EJIW, E41168004, 3634 EA 25 $ 375.49 $ 9,387.25 No Substitutions 5 Cover Sanitary 24', 3420 EA 75 $ 110.18 $ 8,263.50 EJIW, V1168, No Substitutions $77.217.05 DS mitimmum eRBERSfeffemeEB, W.800 LOS Page 1 of 1 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS Page 1 of 3 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, 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; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-BSDE-OFBFAFFF186F F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Supply Agreement, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 02/22/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:04F3B1 FD-C74D-4A1 B-B5DE-OF8FAFFF186F ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Supply Agreement, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources eyvo n M c(a-)-cctexas.com (361) 826-3979 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Wellness Clinic Services CAPTION: Resolution authorizing a three-year service agreement with two one-year extension options with Concentra Health Services, Inc., to provide employee health care management and operation for the City's employer- sponsored Wellness Clinic in an amount not to exceed $2,623,835.00 for a three-year period, or $4,598,999 if both one-year extension options are exercised, with funding budgeted in the Fire, Police and Citicare Health Benefits funds. SUMMARY: The purpose of the Wellness Clinic is to deliver low-cost and convenient access to high-quality health care services, improve productivity through lower absenteeism, identify early health-risk concerns, and improve employee maintenance of a chronic illness. The employee clinic also provides the City with alternative cost saving benefits to assist in the management of health care spending for our employees' overall cost of care. BACKGROUND AND FINDINGS: The City offers its employees, retirees, and dependents access to an onsite City sponsored Wellness Clinic as part of an overall employee health care management strategy. Concentra has provided Wellness Clinic Services for the City of Corpus Christi for the past five years. Some of the services include primary care and urgent care health management, lab work, vaccinations, COVID-19 testing, and pharmacy prescriptions. The City integrates a collaborative health and wellness strategy to improve employees' health and productivity by providing direct access to health care services which includes our medical insurance plan designs, pharmacy management, biometric screenings, and wellness programs and incentives. The Wellness Clinic offers employees a continuum of care at low to no cost with the convenience of scheduling appointments within 24 hours. The clinic has become the primary care facility for many City employees. The City experienced approximately 4% growth in clinic participation through 6,214 visits in 2018, as compared to 5,994 visits in 2017. Participation continued to increase in 2019 by approximately 6%, with 6,603 annual visits. In 2020, the number of annual visits decreased to 4,530 resulting in a 31% decrease due to the pandemic and related COVID concerns and protocols. However, even during the pandemic, City employees still received over 1,400 prescriptions through the Wellness Clinic. There were 1,370 labs, injections, and vaccines, with 2,622 visits designated as primary care visits and 2,120 designated as Urgent Care replacement visits. These combined services produced a 2020 Return on Investment (ROI) of 1.20%, with a total cost avoidance savings of$884,369.62. During the first fiscal year operations, which were held in FY 2017, the Wellness Clinic performed at a ROI rate of 1.15%. This offered a cost avoidance savings on first-year operation costs of$648,725. This ROI trend rate has continued each year. Cost avoidance factors include the cost of care if sought elsewhere, cost savings from absenteeism (assuming a two-hour difference in treatment times for each visit), and cost savings from redirections of medical plan claims. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Proposal (RFQ 3525) to obtain qualified firms for employer-sponsored wellness clinic services of health care needs for employees choosing health benefit coverage. Six firms submitted proposals for Wellness Clinic Services. Concentra was selected as the provider for the Wellness Clinic Services and was the highest ranked firm. The selection committee was comprised of representatives from the Fire and Police Associations, Legal and Human Resources departments. The final evaluation ranked Concentra as the highest ranked firm based on five factors: 1)firm's experience and qualifications, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Concentra has provided Wellness Clinic Services for the City of Corpus Christi for the past five years. Some of the services include primary care and urgent care health management, lab work, vaccinations, COVID-19 testing, and pharmacy prescriptions. ALTERNATIVES: The City can choose not to continue offering an Employee Wellness Clinic. Without the City's onsite Wellness Clinic, we would have expectations of higher medical claims cost within our self-funded medical insurance plans. We also would expect a lower utilization of employee primary care physician visits and an increase costs related to in urgent care and emergency room visits. FISCAL IMPACT: The first-year renewal rate of$832,303 represents a 7% increase from our previous year's cost. This is a three-year contract, with two one-year extension options not to exceed a total contract cost of $2,623,835.00 for the three-year period, or $4,598,999 if both one-year extension options are exercised. This contract is an onsite offer with a near-site option. If the City requires a temporary relocation of the Wellness Clinic off City premises, this contract's near-site option would include a $1,200.00 per month first year rental rate. If extended into a multiple year near-site temporary relocation there would be a 5% annual rental rate increase resulting in a$14,400 annual rental fee for year one, $15,120 in year two, and $15,876 in year three (in additional to the overall contract cost). The near-site contract, with two one-year extensions, is not to exceed a total contract cost of $2,669,231.00 for the three-year period, or $4,678,568.09 if both one-year extension options are exercised. The funding required for the five months remaining in FY 2021 is in the amount of $285,656.66 and is budgeted in the Fire, Police and Citicare Health Benefits funds. FUNDING DETAIL: Fire Employees Fund: 5608 EmpHth Fire Organization/Activity: 40602 Citicare Fire Mission Element: 213 Employee Benefits Project # (CIP Only): N/A Account: 537360 Wellness Clinic Amount: $24,824.66 Fire Employees Fund: 5608 EmpHth Fire Organization/Activity: 40606 Fire CDHP Mission Element: 213 Employee Benefits Project # (CIP Only): N/A Account: 537360 Wellness Clinic Amount: $27,406.12 Police Employees Fund: 5609 EmpHth Police Organization/Activity: 40605 Police CDHP Mission Element: 213 Employee Benefits Project # (CIP Only): N/A Account: 537360 Wellness Clinic Amount: $48,514.88 Civilian Employees Fund: 5610 EmpHth Citicare Organization/Activity: 40600 Citicare Mission Element: 213 Employee Benefits Project # (CIP Only): N/A Account: 537360 Wellness Clinic Amount: $139,050.19 Civilian Employees Fund: 5610 EmpHth Citicare Organization/Activity: 40601 Citicare CDHP Mission Element: 213 Employee Benefits Project # (CIP Only): N/A Account: 537360 Wellness Clinic Amount: $45,860.81 RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with two one-year extension options with Concentra for Wellness Clinic services, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement Resolution authorizing a three-year service agreement with two one-year extension options with Concentra Health Services, Inc., to provide employee health care management and operation for the City's employer-sponsored Wellness Clinic in an amount not to exceed $2,623,835.00 for a three-year period, or$4,598,999 if both one-year extension options are exercised, with funding budgeted in the Fire, Police and Citicare Health Benefits funds. WHEREAS, use of a wellness clinic, administered by the Human Resources Department, provides primary care and wellness services to eligible active employees, retirees, and their eligible dependents and surviving spouses; WHEREAS, with assistance of the City's benefit consultant, HUB International Insurance Services, a Request for Proposal to manage and operate the employer- sponsored Wellness Clinic was advertised and issued on February 21 , 2021; WHEREAS, an evaluation team composed of City staff and the consultant reviewed the responses and was unanimous in its recommendation that a contract be offered to Concentra Health Services, Inc. ("Concentra"), providing the best value to the city, for a three-year term, with an option to extend for up to two additional one-year terms; WHEREAS, the estimated costs for the three-year contract term with Concentra is $2,623,835.00 and; WHEREAS, the City Council finds that a contract award to Concentra provides the best value to the City for the management and operation of the Wellness Clinic. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to negotiate and execute a contract with Concentra Health Services, Inc., having its principal Texas office located in Addison, to provide management and operation of the City's employer-sponsored Wellness Clinic for a three-year term, with up to two one-year term extensions, in accordance with Request for Proposal 3525. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 RFP NO. 3525 Wellness Clinic Services MARIA PEDRAZA Proposal Evaluation Concentra Marathon Everside Health CareATC Vera Whole proactive MD Health Health MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass pass Required five years in business performing some services V Recent audited financial statement V No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (55 Points) 55 51 47 45 44 42 Understanding of the Program(15 Points) 15 14 14 13 12 13 Methodology Used for the Program(15 Points) 15 14 13 13 12 11 Management Plan for the Program(15 Points) 15 14 11 11 12 11 References,Experience and Qualifications(10 Points) 10 9 9 8 8 7 CONTRACT PRICE(35 Points) On-Site 24 24 0 14 35 21 *Near Site 34 35 21 0 0 0 PAST PERFORMANCE(10 Points) 10 7 0 8 5 5 Experience,years in business;Number of clients;Specific Public Sector experience;Clients of similar size and sclop to Corpus 10 7 0 8 5 5 Christi Overall 10 Points Total 89 82 47 67 84 68 *Near Site Total 99 93 68 53 49 47 *Near Site Totals provided for informational purposes. SC �o a� �h NCORPOR 1'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting May 11, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works rich ardm5(a)-cctexas.com (361) 826-3419 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)-cctexas.com (361) 826-3227 Professional Services Contract Calallen Drive - Red Bird Lane to Burning Tree Lane (Bond 2018, Proposition A) CAPTION: Motion authorizing the approval of Amendment No. 1 to a professional services contract with Govind Development, LLC, Corpus Christi, Texas for design bid, and construction phase services for the reconstruction of Calallen Drive from Red Bird Lane to Burning Tree Lane, located in Council District 1, in an amount of $205,102.85 for a total contract value not to exceed $254,602.85, with FY 2021 funding available from the Bond 2018 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. SUMMARY: This motion authorizes approval for Amendment No. 1 to a professional services contract that provides for design, bid, and construction phase services for the reconstruction of Calallen Drive from Red Bird Lane to Burning Tree Lane. The project improvements include pavement reconstruction with drainage ditch improvements, sidewalks, pedestrian ADA improvements, signs, pavement markings, and utility upgrades. BACKGROUND AND FINDINGS: Calallen Drive from Red Bird Lane to Burning Tree Lane is classified as a Minor Residential Collector roadway and is 0.59 miles in length. This section of the street was originally constructed in 1959. The street was reconstructed in 1987 and the latest sealcoat was completed in 1997. The roadway is currently experiencing continuous pavement distresses and is in poor condition. The existing water line was originally constructed in 1959 and the wastewater line was constructed in 1976. This project is for the reconstruction of the existing two-lane roadway which is a 21-foot-wide asphalt roadway with parallel side drainage ditches, underground water lines, gas lines, wastewater lines, and sidewalks. This portion of Calallen Drive provides access to adjacent residential neighborhoods and is on the "Strategic Plan for Active Mobility" as a Bike Boulevard. The roadway has no other bike plan connectivity and serves as the single local collector for the adjacent residencies and a majority of the adjoining neighborhoods with a current speed limit of 30 MPH, which exceeds the recommended speed limit of 20-25 MPH for a Bike Boulevard. Therefore, the inclusion of the Bike Boulevard is currently not in the project. The proposed project will widen the roadway width from 21-feet to a 26-foot width with two 12- foot lanes, two 2-foot shoulders, providing a new pavement structure, sidewalk, drainage improvements, ADA compliant pedestrian improvements, with new signs, pavement markings, and utility upgrades. A small contract was executed previously to prepare the Engineering Letter Report. The Engineering letter report provides a detailed preliminary report about the project. It identifies potential issues and conflicts of the project that needs to be addressed when the project rolls into design. PROJECT TIMELINE: 2021 2022 J I J I A I S 10 1 N I D J I F I M I A I M IJ JIAISIOINIDIJIFI M JAI M IJ Design Bid/Award Construction Project schedule reflects City Council award in May 2021 with design commencing June 2021. The anticipated project completion is in June 2023. COMPETITIVE SOLICITATION PROCESS Govind Development, LLC, was selected for the Bond 2018 Wooldridge Road project in February 2019 under RFQ 2018-10. Calallen Drive was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. Govind Development, LLC, was among one of the thirteen qualified firms selected in the Transportation Category. The selection committee with representatives from the Streets Department and Engineering Services ranked Govind Development, LLC, qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Govind Development, LLC has completed other projects for the City, such as Corona Dr. from Flynn Pkwy. to Everhart Rd. and Beach Access Rd No. 2 from SH 361 to North Padre Island. ALTERNATIVES: Any alternative to awarding this contract to Govind Development, LLC, will delay construction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of$205,102.85 with funding available from the Bond 2018 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. The Capital Improvement Program (CIP) shows that the project will begin in FY 2022 but the project is ready to be implemented in FY 2021. FUNDING DETAIL: The CIP shows that the project is planned for FY 2022 and FY 2023. The project is ready to be implemented.. Fund: ST2020 Bond 18 Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (051) Project: CaIallen Drive - Red Bird Lane to Burning Tree Lane (Project No. 18009A) Account: Outside Consults (550950) Activity: 18009-A-3556-EXP Amount: $150,683.30 Fund: Storm Wtr 2021 (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: CaIallen Drive - Red Bird Lane to Burning Tree Lane (Project No. 18009A) Account: Outside Consults (550950) Activity: 18009-A-4533-EXP Amount: $25,553.64 Fund: WW 2021 CIP (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: CaIallen Drive - Red Bird Lane to Burning Tree Lane (Project No. 18009A) Account: Outside Consults (550950) Activity: 18009-A-4258-EXP Amount: $11,535.88 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (041) Project: CaIallen Drive - Red Bird Lane to Burning Tree Lane (Project No. 18009A) Account: Outside Consults (550950) Activity: 18009-A-4099-EXP Amount: $15,727.87 Fund: Gas 2015 CIP (Fund 4559) Mission Elem: Gas Distribution System (022) Project: CaIallen Drive - Red Bird Lane to Burning Tree Lane (Project No. 18009A) Account: Outside Consults (550950) Activity: 18009-A-4559-EXP Amount: $1,602.16 RECOMMENDATION: Staff recommends award of the contract to Govind Development, LLC, in the amount of $254,602.85. The design phase will start in June 2021 with completion planned in March 2022. Construction is planned to start in July 2022 with completion in June 2023. LIST OF SUPPORTING DOCUMENTS: Location Map Evaluation Matrix Current and Amended CIP Page Contract RFQ No.2018-10- FY 2018-2019 CIP&BOND 2018 REMAINING PROJECTS GROUP A -TRANSPORTATION PROJECTS Proposal Evaluation Bath Crane FNI Govind Hanson HDR JSA Jacobs LAN LJA LNV Maverick WITS Munoz Urban MINIMUM QUALIFICATIONS Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass (PASS/FAIL) Letter of Interest Respondent V J c" Letter of Interest Sub f Consultant Exhibit"A-1"Project Priority V X V n X X X X X V V V Exhibit"B"Transmittal Form X J r I/ d V V V Exhibit"B-1"Disclosure of J V J J J Interest Respondent Exhibit"B-1"Disclosure of J J Interest each Sub Exhibit"C"Mandatory Requirements(insurance X X V V X V V X X V C V V X X letter) Exhibit"D"Anti-Lobbying Provisions no contact Acknowledges Addenda(3) V V V V/ V V N ./ V V Identifies Contact/Authorized V V I/ V X V V V V V Signature RFQ max 25 pages X X X X X X X X X X X X X X X Resume max one page J J I/ V J V V X V, I/ J V J X J 1 Paper Copy/2 Flash Drives V V V V V V J J V, V V V TECHNICAL PROPOSAL 60.67 60.00 94.00 74.67 82.00 85.67 64.00 75.00 61.00 83.00 81.67 37.33 65.33 68.33 78.67 100 PTS Experience and 12.33 14.33 19.67 18.00 18.33 18.33 15.00 17.33 14.33 18.67 17.33 11.33 13.67 15.00 16.67 Qualifications of Firm(20 pts) Experience and Qualifications of Project 9.67 12.33 18.67 14.00 17.67 17.00 11.67 12.33 11.67 17.33 16.00 7.00 15.00 13.33 17.00 Manager(20 pts) Project Approach/ 11.67 12.00 18.67 14.00 15.00 16.67 12.67 16.67 12.67 15.67 15.67 7.33 14.00 14.00 14.67 Mona ement Plan 20 is Capacity(20 pts) 15.00 12.33 18.33 14.00 14.67 17.67 12.00 14.67 12.00 16.00 15.67 4.33 10.67 12.67 15.00 Past Performance(20 pts) 12.00 9.00 18.67 14.67 16.33 16.00 12.67 14.00 10.33 15.33 17.00 7.33 12.00 13.33 15.33 Total 60.67 60.00 94.00 1 74.67 82.00 85.67 1 64.00 75.00 1 61.00 83.00 81.67 37.33 65.33 68.33 78.67 h ' Project Location 4 e` x �= r.,, Location Map 'UECE�S,RlER " • y < het x-� t � + ,� �� � �� , �p,A� 1l..r ��, ` t• 9 e �+, .a ' TREE BURNING m. , V 0�G Y •� r ' 4 Jw r ` z . r r � a. � • � ..„��tr i E0�\ � w ri ti 4r F”AfG cAlk -4 ` 1 r PROJECT WO r_ CALALLEN DRIVE - CITY COUNCIL EXHIBIT REDBIRD LANE TO CITY OF CORPUS CHRISTI,TEXAS _ DEPARTMENT OF ENGINEERING SERVICES BURNING TREE LANE Capital Improvement Plan 2019 thrl, 2023 City of Corpus Christi, Texas Project# 18009A Project Name Calallen Dr(Red Bird Ln to Burning Tree Ln) +. Type Reconditioning-Asset Longevit Department Street Department I Useful Life 25 yews Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe X n Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 725,000 275,000 1,000,000 Storm Water-St. 475,000 475,000 WasteWater-St 262,500 262,500 Water-St. 262,500 262,500 Gas-St. 52,500 52,500 Total 1,200,000 852,500 2,052,500 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 725,000 275,000 1,000,000 Revenue Bonds 475,000 577,500 1,052,500 Total 1,200,000 852,500 2,052,500 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 178 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18009A Project Name Calallen Dr (Red Bird Ln to Burning Tree Ln) Type Recondition/Longevity Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 178;000 534,600 712,600 Testing 12,972 12,972 Design 49,500 205,103 254,603 Engineering Svc 19,096 16,408 54,000 94,000 183,504 Admin Reimbursement 574 6,153 20,000 35,000 61,727 Storm Water-St. 475,000 475,000 Waste Water-St 262,500 262,500 Water-St. 262,500 262,500 Gas-St. 52,500 52,500 Total 82,142 227,664 727,000 1,241,100 2,277,906 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 82,142 167,258 200,000 600,600 1,050,000 Revenue Bonds 60,406 527,000 640,500 1,227,906 Total 82,142 227,664 727,000 1,241,100 2,277,906 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B Service Agreement No. 2358 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to the CONTRACT FOR PROFESSIONAL SERVICES xsaa The City of Corpus Christi, Texas, hereinafter called "CITY," and Govind Development, LLC hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for 18009A Calallen Drive from Red Bird Lane to Burning Tree Lane (Bond 2018 Proposition A), as authorized and administratively amended by: Original Contract 1 6/21/2019 Administrative Approval $49,500.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $205,102.85 for a total revised fee not to exceed $254,602.85. All other terms and conditions of the 6/21/2019 contract between the "CITY' and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI GOVIND DEVELOPMENT, LLC DocuSigned by: 0 UA4 P,. HIIAIUT^ T 3/29/2021 er-ee*Ft- 9rNl Michael Rodriguez Date Oscar R. Martinez Date Chief of Staff Chief Operating Officer 9510 Leopard Street Corpus Christi, Texas 78410 Phone: 361-241-2777 OMartinez(a�govinddevelopment.com APPROVED AS TO FORM Legal Department Date DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "CALALLEN DR." PROJECT NO. 18009A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting. C) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on (11"X17") sheets. 2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. AMEND. NO. 1 EXHIBIT "A" Page 1 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B 3. Provide pollution control measures and BMP layout for the Contractor's Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 4. Include computer model results and calculations used to analyze drainage. f) Submit one set of the interim plans (60% submittal) in electronic half-size (11" x 17") sheets using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60% submittal,"which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit one set of the pre-final plans and bid documents (90% submittal) in electronic half-size (11" x 17") sheets using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. D Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic half-size (11"x 17") sheets using City Standards as applicable for City's Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA(100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (1) below. k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans AMEND. NO. 1 EXHIBIT "A" Page 2 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B and be signed and sealed by a professional engineer prior to re-use of modified plans. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. m) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions. b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications, and bid form that are necessary. C) Analyze and evaluate bids, prepare bid tabulations within the established time frame, and make recommendations concerning the award of the contract.. d) Assist with the review of the Contractor's Statement of Experience and confirm it meets Contract requirements. e) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f) Provide two (2) hard copy sets and one (1) electronic set half-size (11" x 17") sheets of conformed drawings and conformed Contract Documents (PDF and original format [CAD/Word/etc.]) to the City. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation, and conduct the bid opening. b) Coordinate the review of the bids with the A/E. C) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: AMEND. NO. 1 EXHIBIT "A" Page 3 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. C) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative (OAR). d) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. e) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the OAR f) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. g) Review Contractor-provided construction "red-line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor's red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. h) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will AMEND. NO. 1 EXHIBIT "A" Page 4 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Texas Department of Licensing and Regulation (TDLR) 1. Register the project with the Texas Department of Licensing and Regulation (TDLR) and pay associated fee. 2. Provide copy of Contract Documents along with appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements by a Registered Accessibility Specialist (RAS). 3. Coordinate RAS inspection services at the end of construction and pay associated fee. 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. D Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. 1) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. AMEND. NO. 1 EXHIBIT "A" Page 5 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. P) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 4. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. Due to COVID-19 restrictions the above requirement for public meeting involvement may change to digital public outreach. This digital public outreach includes the responding to and communicating with resident questions and concerns provided to you by the Engineering PIO, development of additional exhibits to highlight project details, reviewing of public outreach materials including brochures, mailouts, website, and social media graphics to ensure accuracy of documents, and additional zoom style meetings with stakeholders as needed during both the construction and design phase of the project. 6. Subsurface Utility Investigation (Level A). SUE investigation for all utilities (City and third party) shall be conducted to Level B as part of Topographic Survey referenced above and in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". A sealed Level A SUE report shall be provided to the City and included in the bid documents as an appendix. a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The SUE scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. Quality Level A includes the use of minimally intrusive excavation equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics. Utilities located at this quality level will be physically located and tied to the AMEND. NO. 1 EXHIBIT "A" Page 6 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B topographic survey control. The utility will be identified, and an elevation will be obtained to the top of the utility. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". AMEND. NO. 1 EXHIBIT "A" Page 7 of 8 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B II. SCHEDULE Date Activit NTP Complete Draft ELR submittal Complete City Review Complete Final ELR submittal 8 Weeks 60% Design Submittal 3 Weeks City Review 5 Weeks from City Review 90% Design Submittal 3 Weeks City Review 2 Weeks from City Review 100% Pre-ATA Submittal 2 Weeks from City Review Final Sealed Bid Package 2 Weeks from City Review Advertise for Bids 2 Weeks from Advertise for Bids Pre-Bid Conference 2 Weeks from Pre-Bid Conference Receive Bids 8 Weeks from Receive Bids Contract Award 2 Weeks from Contract Award Begin Construction 20 Weeks from Begin Construction I Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services", the City will pay the A/E a not-to-exceed fee as per the table below: AMEND. NO. 1 EXHIBIT "A" Page 8 of 8 DocuSign Envelope ID:F88542B0-FF4D-40A0-9F80-9BB70286838B Calallen Drive from Red Bird Lane to Burning Tree Lane(Bond 2018 Proposition A) CITY PROJECT NO. 18009A SUMMARY OF FEES Basic Services: Original Contract Amendment No. 1 Total Contract Preliminary Phase $ 49,500.00 $ 49,500.00 Design Phase $ - $ 129,856.28 $ 129,856.28 Bid Phase $ - $ 10,060.21 $ 10,060.21 Construction Admin $ - $ 39,100.22 $ 39,100.22 Subtotal Basic Services $ 49,500.00 $ 179,016.71 $ 228,516.71 Additional Services: Permit Prepartion $ - $ 1,548.36 $ 1,548.36 Topographic Survey $ - $ 11,151.09 $ 11,151.09 ROW Acquisition Survey $ - $ - $ - Environmentallssues $ - $ - $ - Public Involvement $ - $ 11,807.28 $ 11,807.28 Subsurface Utility Investigation (Level A) $ - $ - $ - Construction Observation $ - $ - $ - Warranty Phase $ - $ 1,579.41 $ 1,579.41 CCTV Coordination $ - $ - $ - Subtotal Additional Services $ - $ 26,086.14 $ 26,086.14 Summary of Fees: Basic Services Fees $ 49,500.00 $ 179,016.71 $ 228,516.71 Additional Services Fees $ - $ 26,086.14 $ 26,086.14 Total Authorized Fees $ 49,500.00 $ 205,102.85 $ 254,602.85 AMEND. NO. 1 EXHIBIT -A-11- Page 1 of 1 DocuSign Envelope ID:F88542B0-FF4D-40A0-9F80-9BB70286838B Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 0110112017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBDI TBDI TBD TBDI TBD1 TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.001 $3,000,001 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. v X If applicable, refer to the contract for information on what to include with time and materials(T&M). (Q 3 (D LT O W DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 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, with the exception of professional liability, which may be on a per claims made 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 Rev 12/20 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .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 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Corpus Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is notapplicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Govind Development, LLC P. O. BOX: STREET ADDRESS: 9510 Leopard CITY: Corpus Christi STATE: TX ZIP: 78410 FIRM IS: 1. Corporation 8 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. L State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subiect of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A DocuSign Envelope ID: F88542B0-FF4D-40A0-9F80-9BB70286838B 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. Oscar R. Martinez Chief Operating Officer Certifying Person (Type or Print) Title: February 19, 2021 Signature of Certifying Person Date: 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. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works rich ardm5(a)cctexas.com (361) 826-3419 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Professional Services Amendment 1 Long Meadow Drive —St. Andrews Drive to Hunt Drive (Phase II) (Bond 2018, Proposition B) CAPTION: Motion authorizing Amendment No. 1 to a professional services contract with Freese & Nichols Inc., Corpus Christi, Texas, to provide design, bid, and construction phase services for the reconstruction of Long Meadow Drive from St. Andrews Drive to Hunt Drive Phase II, located in Council District 5, in an amount of$231,665.00 for a total amount not to exceed 281,264.00 with FY 2021 funding available from the Bond 2018 Proposition 2, Storm Water, Water, and Gas Capital Funds. SUMMARY: This motion authorizes approval of Amendment No. 1 to a professional services contract for design, bid, and construction phase services for the reconstruction of Phase II of Long Meadow Drive from Saratoga Boulevard to St. Andrew Drive. The project improvements include new pavement reconstruction, curb and gutter, sidewalks, ADA improvements, signage, pavement markings, bicycle mobility considerations, minor utility upgrades, and street lighting improvements, if necessary. BACKGROUND AND FINDINGS: Long Meadow Drive from St. Andrews Drive to Hunt Drive is classified as a residential collector street and is 0.57 miles in length. This project is divided into Phase I — Saratoga Boulevard to Hunt Drive and Phase II — Saratoga Boulevard to St. Andrews Drive. Long Meadow provides access primarily to adjacent residential neighborhoods and small businesses along Saratoga Boulevard. Phase I is 0.33 miles in length. The roadway was originally constructed in 1965 with a surface pavement overlay completed in 2002. In 2020, Public Works in-house crew completed a new pavement rehabilitation project due to several requests from the residents. The rehabilitation project included construction of new pavement, curb and gutter, sidewalks, ADA improvements and upgrades to utilities. Phase II is 0.24 miles in length. The existing street has two-lane roadway with 36-foot-wide asphalt pavement, curb and gutter, sidewalks, underground water lines, storm water lines, gas lines, and wastewater lines. The roadway was originally constructed in 1965 with a surface pavement overlay completed in 2002. The existing underground utilities were built in 1965 with no other major utility improvements. This project is for the reconstruction of Phase II. The proposed project will maintain the same roadway width while providing a new asphalt pavement with pavement markings, curb and gutter, sidewalks, driveways, ADA improvements, new traffic signs, underground utility improvements and lighting improvements for Phase I and Phase II. A small contract was executed previously to prepare the Engineering Letter Report. The Engineering letter report provides a detailed preliminary report about the project. It identifies potential issues and conflicts of the project that need to be addressed when the project rolls into design. PROJECT TIMELINE: 2019 - 2021 2022 May - December Januar - April Aril — December Design Bid/Award Construction Project schedule reflects City Council award of design contract in May 2021. The anticipated project completion is in December 2022. COMPETITIVE SOLICITATION PROCESS: Freese & Nichols was selected for the Bond 2018 Long Meadow Street project in February 2019 under RFQ 2018-10. Long Meadow Drive was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. Freese & Nichols was among one of the thirteen qualified firms selected in the Transportation Category. The selection committee with representatives from the Street Department and Engineering Services ranked Freese & Nichols qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Freese & Nichols has completed other projects for the City, such as Staples Street from Kostoryz Road to Brawner Parkway, Ocean Drive from Louisiana Avenue to Buford Street, Yorktown Boulevard from Everhart Road to Staples Street, Ayers Street from Ocean Drive to Alameda Street, and Downtown Street Traffic Signals and Area Improvements. ALTERNATIVES: Any alternative to awarding this contract will delay construction of the project and impede the completion of Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of$231,665.00 with funding available from the Bond 2018 Proposition 2, Storm Water, Water, and Gas Capital Funds. FUNDING DETAIL: The adopted Capital Improvement Program (CIP) shows that the project will begin construction in FY 2022 as outlined in the project timeline. The project must be designed in FY 2021 for the construction to begin in FY 2022. Fund: ST2019 Bond 18 Proposition 2 (Fund 3557) Mission Elem: Street Pavement Maintenance (051) Project: Long Meadow Drive —St. Andrew Drive to Hunt Drive (Project No. 18030A) Account: Outside Consults (550950) Activity: 18030-A-3557-EXP Amount: $145,948.67 Fund: StrmWtr 2020 (Fund 4532) Mission Elem: Storm Water Drainage (043) Project: Long Meadow Drive —St. Andrew Drive to Hunt Drive (Project No. 18030A) Account: Outside Consults (550950) Activity: 18030-A-4532-EXP Amount: $34,749.72 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (041) Project: Long Meadow Drive —St. Andrew Drive to Hunt Drive (Project No. 18030A) Account: Outside Consults (550950) Activity: 18030-A-4099-EXP Amount: $48,649.60 Fund: Gas Cap Reserve (Fund 4560) Mission Elem: Gas Distribution System (022) Project: Long Meadow Drive —St. Andrew Drive to Hunt Drive (Project No. 18030A) Account: Outside Consults (550950) Activity: 18030-A-4560-EXP Amount: $2,317.01 RECOMMENDATION: Staff recommends award of the contract to Freese & Nichols in the amount of$231,665.00. The design phase will start in May 2021 with design completion planned in January 2022. Construction is planned to start in April 2022 with the anticipated project completion in December 2022. LIST OF SUPPORTING DOCUMENTS: Location Map Evaluation Matrix Current and amended CIP Page Contract Amendment #1 RFQ No.2018-10- FY 2018-2019 CIP&BOND 2018 REMAINING PROJECTS GROUP A -TRANSPORTATION PROJECTS Proposal Evaluation Bath Crane FNI Govind Hanson HDR JSA Jacobs LAN LJA LNV Maverick WITS Munoz Urban MINIMUM QUALIFICATIONS Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass (PASS/FAIL) Letter of Interest Respondent V J c" Letter of Interest Sub f Consultant Exhibit"A-1"Project Priority V X V n X X X X X V V V Exhibit"B"Transmittal Form X J r I/ d V V V Exhibit"B-1"Disclosure of J V J J J Interest Respondent Exhibit"B-1"Disclosure of J J Interest each Sub Exhibit"C"Mandatory Requirements(insurance X X V V X V V X X V C V V X X letter) Exhibit"D"Anti-Lobbying Provisions no contact Acknowledges Addenda(3) V V V V/ V V N ./ V V Identifies Contact/Authorized V V I/ V X V V V V V Signature RFQ max 25 pages X X X X X X X X X X X X X X X Resume max one page J J I/ V J V V X V, I/ J V J X J 1 Paper Copy/2 Flash Drives V V V V V V J J V, V V V TECHNICAL PROPOSAL 60.67 60.00 94.00 74.67 82.00 85.67 64.00 75.00 61.00 83.00 81.67 37.33 65.33 68.33 78.67 100 PTS Experience and 12.33 14.33 19.67 18.00 18.33 18.33 15.00 17.33 14.33 18.67 17.33 11.33 13.67 15.00 16.67 Qualifications of Firm(20 pts) Experience and Qualifications of Project 9.67 12.33 18.67 14.00 17.67 17.00 11.67 12.33 11.67 17.33 16.00 7.00 15.00 13.33 17.00 Manager(20 pts) Project Approach/ 11.67 12.00 18.67 14.00 15.00 16.67 12.67 16.67 12.67 15.67 15.67 7.33 14.00 14.00 14.67 Mona ement Plan 20 is Capacity(20 pts) 15.00 12.33 18.33 14.00 14.67 17.67 12.00 14.67 12.00 16.00 15.67 4.33 10.67 12.67 15.00 Past Performance(20 pts) 12.00 9.00 18.67 14.67 16.33 16.00 12.67 14.00 10.33 15.33 17.00 7.33 12.00 13.33 15.33 Total 60.67 60.00 94.00 1 74.67 82.00 85.67 1 64.00 75.00 1 61.00 83.00 81.67 37.33 65.33 68.33 78.67 Project R OAKS Location Map No R - M G •�`. - . Al ♦ Cl ♦_ ♦ ni i� � a.� +� �1 all t� r . � ♦*• .{, SARATOGABOULEVARD' _ r r, Ir 4r" r^r� w? w- _ it °�` �`� 4H U L•E N Y p I tit t c 1 •— �y J r fir— ... �� iC ,�'r• FS ,'.. .- r r r � .. k a ,'..f xr ft 4 � '� r�� ' f., '.. ' �'-� � '' �,,.� +rte �l+�x �r"�' �Y'••d sp �� :. i 4 e MIDDLECOFF,,A — `Y Mb M EIDER- 4.� F � X"R ' Y �' .l•�l s �. �,. 1 r�! t � `; f 'i/Jn,« � �M1-'� A�!-• � ' � ( ��`T it r � MER,�V�.`Ac 6_.S.E+RM f.,�•.,� k * Phase I 4 (Completed by G011 ENEY , r ,• X ,�,r A�.., j �,,+r.• ��•,;�` Public Works) Phase II Z` '_ ''�' , � � -?ROJECT:'NO. 18030A �' �. J : LONG MEADOW DRIVE - ` CITY COUNCIL EXHIBIT ST ANDREWS DRIVE TO CITY OF CORPUS CHRISTI,TEXAS _ DEPARTMENT OF ENGINEERING SERVICES HUNT DRIVE Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18030A 'i Project Name Long Meadow Dr (St Andrews Dr to Hunt Dr) .,,, Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan. This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 600,000 1,000,000 1,600,000 Storm Water-St. 808,750 808,750 WasteWater-St 438,000 438,000 Water-St. 408,800 408,800 Gas-St. 87,750 87,750 Total 1,496,500 1,846,800 3,343,300 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 600,000 1,000,000 1,600,000 Revenue Bonds 896,500 846,800 1,743,300 Tom 1,496,500 1,846,800 3,343,300 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 549 Capital Improvement Plan 2020 2024 City of Corpus Christi, Texas iY Project# 18030A Project Name Long Meadow Dr(St Andrews Dr to Hunt Dr) x �' Type Recondition/Longevity Department Street Department Useful Life 25 years Contact Director of Public Works 1. Category Street-Rehabilation Priority 2 Critical-Asset Condition h1 j Status Active Description Total Project Cost: This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 515;000 665,000 1,180,000 Testing 19,905 5,550 25,455 Design 49,599 231,665 281,264 Other 8,468 8,468 Engineering Svc 9,133 18,533 90,000 84,588 202,254 Admin Reimbursement 754 6,950 35,000 35,000 77,704 Storm Water-St. 773,750 773,750 Waste Water-St 418,000 418,000 Water-St. 388,800 388,800 Gas-St. 82;750 82,750 Total 87,859 262,698 1,496,500 1,591,388 3,438,445 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 87,859 167,553 600,000 744,588 1,600,000 Revenue Bonds 95,145 896,500 846,800 1,838,445 Total 87,859 262,698 1,496,500 1,591,388 3,438,445 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB Service Agreement No. 2370 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to the CONTRACT FOR PROFESSIONAL SERVICES xsaa The City of Corpus Christi, Texas, hereinafter called "CITY," and Freese and Nichols, Inc. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for 18030A Long Meadow Drive from Hunt Drive to St. Andrews Drive (Bonds 2018, Proposition B), as authorized and administratively amended by: Original Contract 1 6/21/2019 Administrative Approval $49,599.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $231,665.00 for a total revised fee not to exceed $281,264.00. All other terms and conditions of the 6/21/2019 contract between the "CITY' and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. DocuSigned by: Li 3/29/2021 Michael Rodriguez Date Ron Guzman, P.E. Date Chief of Staff Vice President/Principal 800 N. Shoreline Boulevard, Suite 160ON Corpus Christi, Texas 78401 Phone: 361-561-6500 rg(o-)-freese.com APPROVED AS TO FORM Legal Department Date DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LONG MEADOW DRIVE — HUNT DR. TO ST. ANDREWS DR. PROJECT NO. 18030A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Provide recommended geotechnical investigations scope and coordinate testing with City's geotechnical Consultant. Proposed sites shall be approved by the City Project Manager prior to performing geotechnical investigation. C) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Develop preliminary requirements for utility relocations, replacements or upgrades. Coordinate with the City's Project Manager and identify Operating Departments potential Project needs. e) Develop preliminary typical street sections and pavement sections, incorporating the City's Geotechnical Consultant's recommendations. All streets shall be designed with flexible and rigid pavements. f) Identify preliminary right-of-way acquisition requirements and illustrate on a schematic strip map. g) Prepare preliminary opinions of probable construction costs for the recommended improvements. h) Develop a Drainage Area Map showing the existing and proposed drainage basins served by the Project storm system. i) Conduct preliminary hydraulic analysis to quantify the storm water design of existing and proposed systems. j) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. k) Conduct preliminary analysis of lighting and traffic signalization, including existing equipment, above/below ground electrical service, lane designations, etc. Coordinate signal requirements with City Street Department. Provide recommendations for improvements/upgrades. 1) The AE will participate in discussions with the Operating Department; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT)and Texas Commission of Environmental Quality(TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed EXHIBIT"A" Page 1 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB with the City Engineering Department PM prior to including/excluding from the scope of work. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Request and review traffic counts from the City PM. P) Prepare an Engineering Letter Report(20-25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right-of-Way (ROW) Survey services), right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings and criteria for pavement design, including the projected growth rate, 30-year ESAL estimate and SN value, 30-year pavement recommendation, etc. a. Analyze proposed pavement options and provide recommendation for most cost-effective pavement section that accommodates traffic requirements, budget constraints, utility needs, etc. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels the Draft FR_= linoF '"o' iinJ'rr��let- �toR -�F -�ePE)rt �1'„„ I o hm� ,,I d0 r Gity DIVA to hrief D54 erg aRY GGRGeFRG er m+�� €�I� �r.'rrtr�tttf�:rr�u�v��Tr=vvTlti�srcv�rrc� cn���r i66 ie6 Pri G tri rli is tr ib--ti er. ef. CI IRci-h�m itt;; �I 6) Papti6,pate OR PFE)jeGtFeOTC` .W^ -nMT 449etl l'l�th Gity Svt " PJt nela � rsTrt . �"ea� DF4ft €RgiReeFiRg-LetteF Rep��as ssnedHied ham; es aRager.. EXHIBIT"A" Page 2 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB t) Address review comments and questions and provide written responses to the City PM. U) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. City staff will provide electronic copies of the following information (as applicable and requested through the City PM): a) Electronic index and database of City's Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). e) Copy of Geotechnical Investigation Report. f) Traffic counts. g) Benchmarks and coordinates. City staff will provide the following services: a) Field location of existing utilities a. Through 811 b. Through A/E coordination with City Operating Departments c. Through MH location and opening d. Through sharing of pipe video or service records as requested Note: Applicable Master Plans and GIS mapping are available on the City's website. The records provided for A/E's use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. C) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. EXHIBIT"A" Page 3 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, gas, and lighting systems within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22" x 34"). 2. Provide Traffic Control parameters, sequencing and performance requirements for the contractor to develop construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor's Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 4. Include computer model results and calculations used to analyze drainage. f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half- size (11" x 17") hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60%submittal,"which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. EXHIBIT"A" Page 4 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB D Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City's Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA(100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (1) below. k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. m) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. C) Attend bid opening and assist with the evaluation of bids. d) Assist with the review of the Contractor's Statement of Experience and confirm it meets Contract requirements. e) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f) Provide 2 hard copy sets and 1 electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. EXHIBIT"A" Page 5 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. b) Coordinate the review of the bids with the A/E. C) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. C) If requested by the City, review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative (OAR). e) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the OAR g) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. h) Review Contractor-provided construction "red-line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor's red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. i) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. EXHIBIT"A" Page 6 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements C) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI, NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) D U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) 1) Texas Department of Licensing and Regulation (TDLR) 1. Register the project with the Texas Department of Licensing and Regulation (TDLR) and pay associated fee. 2. Provide copy of Contract Documents along with appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements by a Registered Accessibility Specialist (RAS). 3. Coordinate RAS inspection services at the end of construction and pay associated fee. m) Texas General Land Office (TGLO) n) Other agency project-specific permits 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. EXHIBIT"A" Page 7 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. D Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. I) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. P) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. ROW/Easement Acquisition Survey and Parcel Descriptions. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, latest edition. a) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at a representative scale and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. EXHIBIT"A" Page 8 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB b) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. C) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. If boundary conflicts between Owners are identified, additional fees may be authorized if needed. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. d) A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. 6. Subsurface Utility Investigation (Level A). SUE investigation for all utilities (City and third party) shall be conducted to Level B as part of Topographic Survey referenced above and in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". A sealed Level A SUE report shall be provided to the City and included in the bid documents as an appendix. a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The SUE scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. Quality Level A includes the use of minimally intrusive excavation equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics. Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified, and an elevation will be obtained to the top of the utility. 7. Construction Observation Services. To Be Determined. EXHIBIT"A" Page 9 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. 9. Televising Utility Lines. Provide cleaning and televising of existing utility lines to verify existing conditions. Analyze photos and videos to recommend repairs and/or improvements and provide a written report with findings and recommendations. A copy of all photos and videos (in standard video and image format) shall be provided to the City. EXHIBIT"A" Page 10 of 12 Revised 23 April 2019 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB II. SCHEDULE Date Activit 4 weeks from receipt of Amd. #1 — Large A/E Final ELR submittal 10 weeks 60% Design Submittal 3 weeks City Review 8 weeks 90% Design Submittal 3 weeks City Review 6 weeks 100% Pre-ATA Submittal 2 weeks City Review 1 week Final Sealed Bid Package 10 days Advertise for Bids 15 days Pre-Bid Conference 15 days Receive Bids 2 months Contract Award 5 weeks Begin Construction 6 months Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services", the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT"A" Page 11 of 12 Revised 23 April 2019 DocuSign Envelope ID:F718F631-E173-4631-98E9-EFCOE463EAOB Summary of Fees Amd No 1 Amd No 1 Amd No 1 Amd No 1 Amd No 1 Amd No 1 Basic Services: Contract Streets Storm Water Wastewater Gas Total Contract 1. Preliminary Phase $39,249.00 $8,934.50 $2127.26 $2,978.24 $0.00 $142.00 $14,182.00 $53,431.00 2. Design Phase $0.00 $81,790.38 $19,473.90 $27,263.46 $0.00 $1,298.26 $129,826.00 $129,826.00 3. Bid Phase $0.00 $6,742.93 $1,605.46 $2,247.58 $0.00 $107.03 $10,703.00 $10,703.00 4. Construction Administration Phase $0.00 $24,762.00 $5,895.75 $8,254.00 $0.00 $393.25 $39,305.00 $39,305.00 Subtotal Basic Services Fees $39,249.00 $122,229.81 $29,102.37 $40,743.28 $0.00 $1,940.54 $194,016.00 $233,265.00 Additional Services Fees (Allowance): 1. Permit Preparation* $0.00 $4,250.60 $1,012.05 $1,416.90 $0.00 $67.45 $6,747.00 $6,747.00 2. Topographic and ROW Survey* $10,350.00 $9,617.58 $2,289.90 $3,205.86 $0.00 $152.66 $15,266.00 $25,616.00 3. ROW/Easement Acquisition Survey and Parcel Descriptions* $0.00 TBD TBD TBD TBD TBD TBD TBD 4. Environmental Issues TBD TBD TBD TBD TBD TBD TBD TBD 5. Public Involvement* $0.00 $8,404.83 $2,001.15 $2,801.61 $0.00 $133.41 $13,341.00 $13,341.00 6. Subsurface Utility Investigation (Level A) TBD TBD TBD TBD TBD TBD TBD TBD 7. Construction Observation Services TBD TBD TBD TBD TBD TBD TBD TBD 8. Warranty Phase* $0.00 $1,445.85 $344.25 $481.95 $0.00 $22.95 $2,295.00 $2,295.00 9. Televising Utility Lines 0.00 TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services Fees $10,350.00 $23,718.86 $5,647.35 $7,906.32 $0.00 $376.47 $37,649.00 $47,999.00 Total Fee $49,599.00 $145,948.67 $34,749.72 $48,649.60 $0.00 $2,317.01 $231,665.00 $281,264.00 --------------- *Additional Services authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 12 of 12 Revised 23 April 2019 DocuSign Envelope ID:F718F631-E173-4631-98E9-EFCOE463EAOB Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 0110112017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBDI TBDI TBD TBDI TBD1 TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.001 $3,000,001 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. v X If applicable, refer to the contract for information on what to include with time and materials(T&M). (Q 3 (D LT O W DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 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, with the exception of professional liability, which may be on a per claims made 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 Rev 12/20 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .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 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB clot CITY OF CORPUS CHRISTI `ty Co DISCLOSURE OF INTEREST Corpus Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O.BOX: STREET ADDRESS: 800 N. Shoreline Boulevard, Suite 160ON CITY: Corpus Christi STATE: TX ZIP: 78401 FIRM IS: L Corporation 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) 1111A N7A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant DocuSign Envelope ID: F718F631-E173-4631-98E9-EFCOE463EAOB 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. Ron Guzman, P.E. Vice President/Principal Certifying Per n (Type or Print) Title: r January 6, 2019 S' nature (�fCe_�rtifvi7niTfeiirson Date: 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. SC �o a� �h NCORPOR 1'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting May 11, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works rich ardm5(a)cctexas.com (361) 826-3419 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Professional Services Contract Wooldridge Road - Everhart Road to Cascade Drive (Bond 2018, Proposition A) CAPTION: Motion awarding a professional services contract to HDR Engineering, Inc., Corpus Christi, Texas, for design, bid, and construction phase services for the reconstruction of Wooldridge Road from Everhart Road to Cascade Drive, located in Council District 5, in an amount of $357,767.95, with FY 2021 funding available from the Bond 2018 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. SUMMARY: This motion awards a professional services contract that provides for design, bid, and construction phase services for the reconstruction of Wooldridge Road from Everhart Road to Cascade Drive. The project improvements include pavement reconstruction with curb and gutter, sidewalks, pedestrian ADA improvements, signs, pavement markings, and utility upgrades. BACKGROUND AND FINDINGS: Wooldridge Road from Everhart Road to Cascade Drive is classified as a Minor Residential Collector roadway and is 0.59 miles in length This section of street was originally constructed in 1964 and the latest sealcoat was completed in 2011. The roadway is currently experiencing continuous pavement failures and is in poor condition. This project is for the reconstruction of the existing two-lane roadway which is a 37-foot-wide curb and gutter asphalt roadway with sidewalk, underground water lines, storm water lines, and gas lines. This portion of Wooldridge Road provides access to adjacent residential neighborhoods. The proposed project will maintain the same roadway width of two 12-foot travel lanes with new asphalt pavement, pavement markings, two 4.5-foot shoulders, new traffic signs, ADA compliant pedestrian improvements, drainage improvements and utility upgrades. PROJECT TIMELINE: 2021-2022 2022 2022-2023 June-March A M J July-June Design Bid/Award Construction Project schedule reflects City Council award in May 2021 with design commencing June 2021. The anticipated project completion is in June 2023. COMPETITIVE SOLICITATION PROCESS HDR Engineering, Inc., was selected for the Bond 2018 Wooldridge Road project in February 2019 under RFQ 2018-10. Wooldridge Road was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. HDR Engineering, Inc., was among one of the thirteen qualified firms selected in the Transportation Category. The selection committee with representatives from the Streets Department and Engineering Services ranked HDR Engineering, Inc., qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. HDR Engineering, Inc. has completed other projects for the City, such as Staples St. from Alameda St. to Morgan Ave. and Alameda St. from Ayers St. to Louisiana Ave. ALTERNATIVES: Any alternative to awarding this contract to HDR Engineering, Inc., will delay construction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of$357,767.95 with funding available from the Bond 2018 Proposition A, Storm Water, Wastewater, Water, and Gas Capital Funds. The Capital Improvement Program (CIP) shows that the project is planned for FY 2021. FUNDING DETAIL: The CIP shows that the project is planned for FY 2021. The project is ready to be implemented and the expenditures shown in the CIP need to be revised to reflect the design of this project. There are no construction expenditures planned for FY2021. The expenditures will be amended in CIP to show the design expenditures. Fund: ST2020 Bond 18 Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (051) Project: Wooldridge Rd. - (Everhart Rd. to Cascade Dr.) (Project No. 18049A) Account: Outside Consults (550950) Activity: 18049-A-3556-EXP Amount: $178,883.97 Fund: Storm Wtr 2021 (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Wooldridge Rd. - (Everhart Rd. to Cascade Dr.) (Project No. 18049A) Account: Outside Consults (550950) Activity: 18049-A-4533-EXP Amount: $80,497.80 Fund: WW 2021 CIP (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Wooldridge Rd. - (Everhart Rd. to Cascade Dr.) (Project No. 18049A) Account: Outside Consults (550950) Activity: 18049-A-4258-EXP Amount: $44,720.98 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (041) Project: Wooldridge Rd. - (Everhart Rd. to Cascade Dr.) (Project No. 18049A) Account: Outside Consults (550950) Activity: 18049-A-4099-EXP Amount: $44,720.98 Fund: Gas Cap Resv (Fund 4560) Mission Elem: Gas Distribution System (022) Project: Wooldridge Rd. - (Everhart Rd. to Cascade Dr.) (Project No. 18049A) Account: Outside Consults (550950) Activity: 18049-A-4560-EXP Amount: $8,944.22 RECOMMENDATION: Staff recommends award of the contract to HDR Engineering, Inc., in the amount of$357,767.95. The design phase will start in June 2021 with completion planned in March 2022. Construction is planned to start in July 2022 with completion in June 2023. LIST OF SUPPORTING DOCUMENTS: Location Map Contract Evaluation Matrix Current and Amended CIP Page Project BROMLEY � r� -MAYLAN DS w w RD . CRESTWICK: c Location Map CRESTWICK FULWELL��T SHEA OLYMPIA MAYO 9 ROyqAl Nom. G 9p MOULT x ` RIE . cn +1a DONEG m `r ~. 'fit'a/ 7+� .v ���, �-j�� �„•' e ' PAKS LL V ��'�- x,� �: .,. '� »•.- eft � 0 K P 4 w d. �. ST qN pR 4 PROU E G'Ad N UALTU049A ,w r WOOLDRIDGE ROAD - CITY COUNCIL EXHIBIT CASCADE DRIVE TO CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES EVERHART ROAD RFQ No.2018-10- FY 2018-2019 CIP&BOND 2018 REMAINING PROJECTS GROUP A -TRANSPORTATION PROJECTS Proposal Evaluation Bath Crane FNI Govind Hanson HDR JSA Jacobs LAN LJA LNV Maverick WITS Munoz Urban MINIMUM QUALIFICATIONS Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass (PASS/FAIL) Letter of Interest Respondent V J c" Letter of Interest Sub f Consultant Exhibit"A-1"Project Priority V X V n X X X X X V V V Exhibit"B"Transmittal Form X J r I/ d V V V Exhibit"B-1"Disclosure of J V J J J Interest Respondent Exhibit"B-1"Disclosure of J J Interest each Sub Exhibit"C"Mandatory Requirements(insurance X X V V X V V X X V C V V X X letter) Exhibit"D"Anti-Lobbying Provisions no contact Acknowledges Addenda(3) V V V V/ V V N ./ V V Identifies Contact/Authorized V V I/ V X V V V V V Signature RFQ max 25 pages X X X X X X X X X X X X X X X Resume max one page J J I/ V J V V X V, I/ J V J X J 1 Paper Copy/2 Flash Drives V V V V V V J J V, V V V TECHNICAL PROPOSAL 60.67 60.00 94.00 74.67 82.00 85.67 64.00 75.00 61.00 83.00 81.67 37.33 65.33 68.33 78.67 100 PTS Experience and 12.33 14.33 19.67 18.00 18.33 18.33 15.00 17.33 14.33 18.67 17.33 11.33 13.67 15.00 16.67 Qualifications of Firm(20 pts) Experience and Qualifications of Project 9.67 12.33 18.67 14.00 17.67 17.00 11.67 12.33 11.67 17.33 16.00 7.00 15.00 13.33 17.00 Manager(20 pts) Project Approach/ 11.67 12.00 18.67 14.00 15.00 16.67 12.67 16.67 12.67 15.67 15.67 7.33 14.00 14.00 14.67 Mona ement Plan 20 is Capacity(20 pts) 15.00 12.33 18.33 14.00 14.67 17.67 12.00 14.67 12.00 16.00 15.67 4.33 10.67 12.67 15.00 Past Performance(20 pts) 12.00 9.00 18.67 14.67 16.33 16.00 12.67 14.00 10.33 15.33 17.00 7.33 12.00 13.33 15.33 Total 60.67 60.00 94.00 1 74.67 82.00 85.67 1 64.00 75.00 1 61.00 83.00 81.67 37.33 65.33 68.33 78.67 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 18049A Project Name Wooldridge Rd (Everhart Rd to Cascade Dr) Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan. This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,700,000 1,700,000 Storm Water-St. 924,000 924,000 WasteWater-St 465,000 465,000 Water-St. 434,000 434,000 Total 3,523,000 3,523,000 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 1,700,000 1,700,000 Revenue Bonds 1,823,000 1,823,000 Tom 3,523,000 3,523,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 576 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18049A Project Name Wooldridge Rd (Everhart Rd to Cascade Dr) Type Recondition/Longevity Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Prior Expenditures years 2021 2022 2023 2024 Total Construction/Rehab 413,139 826,278 1,239,417 Design 357,768 357,768 Contingency 100,000 100,000 Other 26,709 26,709 Admin Reimbursement 3,313 39,354 107,334 214,666 364,667 Storm Water-St. 276,333 552,667 829,000 Waste Water-St 138,333 276,667 415,000 Water-St. 129,667 259,333 389,000 Gas-St. 16,667 33,333 50,000 Total 30,022 397,122 1,181,473 2,162,944 3,771,561 Prior Funding Sources years 2021 2022 2023 2024 Total G.O. Bond 2018 30,022 198,561 557,140 914,277 1,700,000 Revenue Bonds 198,561 624,333 1,248,667 2,071,561 Total 30,022 397,122 1,181,473 2,162,944 3,771,561 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ,gyUS C �O O� H SERVICE AGREEMENT NO. 3606 U CONTRACT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea 1852 FOR PROJECT (No./Name) 18049A Wooldridge Rd. (Everhart Rd. to Cascade Dr.) Bond 2018 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., 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ARTICLE I —SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is 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. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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. 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. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. 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 $357,767.95 . 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. 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 Contract for Professional Services Page 3 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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 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. Contract for Professional Services Page 4 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 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. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 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, Contract for Professional Services Page 5 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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. 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 Contract for Professional Services Page 6 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four 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; Contract for Professional Services Page 7 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (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, epidemics, 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 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. Contract for Professional Services Page 8 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 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 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 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 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. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 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 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 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 Contract for Professional Services Page 9 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 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. 13.5 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. 13.6 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. 13.7 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. Contract for Professional Services Page 10 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 13.8 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. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 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. 13.11 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 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to the Request for Qualifications related to this project, or 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. [Signature Page Follows] Contract for Professional Services Page 11 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. EDocuSigned by: a 6. (h6& 4/13/2021 •�a-as•r-Saar-� ... Michael Rodriguez Date Arthur B. Colwell, P.E. Date Chief of Staff Vice President/Managing Principle 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office Arthur.Colwell@hdrinc.com APPROVED AS TO LEGAL FORM: Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 12 of 12 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "WOOLDRIDGE ROAD" PROJECT NO. 18049A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. C) Develop preliminary requirements for utility relocations, replacements or upgrades. Coordinate with the City's Project Manager and identify Operating Departments potential Project needs. d) Develop preliminary typical street sections and pavement sections, incorporating the City's Geotechnical Consultant's recommendations. All streets shall be designed with flexible and rigid pavements. e) Identify preliminary right-of-way acquisition requirements and illustrate on a schematic strip map. f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by the Project storm system. h) Conduct preliminary hydraulic analysis to quantify the storm water design of existing and proposed systems. i) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. j) Conduct preliminary analysis of lighting and traffic signalization, including existing equipment, above/below ground electrical service, lane designations, etc. Coordinate signal requirements with City Street Department. Provide recommendations for improvements/upgrades. k) The AE will participate in discussions with the Operating Department; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality(TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. 1) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, EXHIBIT "A" Page 1 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. M) Identify and recommend public outreach and community stakeholder requirements. n) Request and review traffic counts from the City PM. o) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right-of-Way (ROW) Survey services), right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings and criteria for pavement design, including the projected growth rate, 30-year ESAL estimate and SN value, 30-year pavement recommendation, etc. a. Analyze proposed pavement options and provide recommendation for most cost-effective pavement section that accommodates traffic requirements, budget constraints, utility needs, etc. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels P) Submit one (1) copy in an approved electronic format, and three (3) hard copies of the Draft Engineering Letter Report. q) Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. r) Participate in Project review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. S) Address review comments and questions and provide written responses to the City PM. t) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. EXHIBIT "A" Page 2 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 City staff will provide electronic copies of the following information (as applicable and requested through the City PM): a) Electronic index and database of City's Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans (as available from City Engineering files). d) Copy of Geotechnical Investigation Report. g) Traffic counts. h) All available internal GIS utility mapping for storm water, water, wastewater and gas utilities. i) Schedule all project review meetings with invitations to appropriate attendees. j) Authorization from the City Engineering Services Department allowing the A/E to act as a "representative" of the City when coordinating with agencies other than the City. Note: Applicable Master Plans and GIS mapping are available on the City's website. The records provided for A/E's use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. C) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the investigation, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems EXHIBIT "A" Page 3 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22" x 34"). 2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. --- OR--- Provide Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor's Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 4. Include computer model results and calculations used to analyze drainage. f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half- size (11" x 17") hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60%submittal,"which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. EXHIBIT "A" Page 4 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City's Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (1) below. k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. M) Prepare and submit nine (9) Status Reports to the City Project Manager (PM) with action items developed from any project milestone review meetings. The submissions for these Project milestone Status Reports will be requested by the City PM and shall be due within two weeks of the request date. The two week time submission may be altered by a written (e-mail) mutual agreement between the City PM and the A/E. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions. b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications, and bid form that are necessary. C) Assist with the evaluation of bids. Analyze and evaluate bids, prepare bid tabulations within the established time frame, and make recommendations concerning the award of the contract. d) Assist with the review of the Contractor's Statement of Experience and confirm it meets Contract requirements. EXHIBIT "A" Page 5 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 e) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original format[CAD/Word/etc.]) to the City. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation, and conduct the bid opening. b) Coordinate the review of the bids with the A/E. C) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. C) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative (OAR). d) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. e) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the OAR f) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. g) Review Contractor-provided construction "red-line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor's red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. EXHIBIT "A" Page 6 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 h) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Texas Department of Licensing and Regulation (TDLR) 1. Register the project with the Texas Department of Licensing and Regulation (TDLR) and pay associated fee. 2. Provide copy of Contract Documents along with appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements by a Registered Accessibility Specialist (RAS). 3. Coordinate RAS inspection services at the end of construction and pay associated fee. 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. EXHIBIT "A" Page 7 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. j) Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. I) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. P) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 4. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. Due to COVID-19 restrictions the above requirement for public meeting involvement may change to digital public outreach. This digital public outreach includes the responding to and communicating with resident questions and concerns provided to you by the Engineering PIO, development of additional exhibits to highlight project details, reviewing of public outreach materials including brochures, mailouts, website, and social media EXHIBIT "A" Page 8 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 graphics to ensure accuracy of documents, and additional zoom style meetings with stakeholders as needed during both the construction and design phase of the project. 5. Subsurface Utility Investigation (Level A). SUE investigation for all utilities (City and third party) shall be conducted to Level B as part of Topographic Survey referenced above and in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". A sealed Level A SUE report shall be provided to the City and included in the bid documents as an appendix. a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The SUE scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. Quality Level A includes the use of minimally intrusive excavation equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics. Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified, and an elevation will be obtained to the top of the utility. 6. Construction Observation Services. To Be Determined. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60) days prior to the end of the maintenance guaranty period. 8. Televising Utility Lines. Provide cleaning and televising of existing utility lines to verify existing conditions. Analyze photos and videos to recommend repairs and/or improvements and provide a written report with findings and recommendations. A copy of all photos and videos (in standard video and image format) shall be provided to the City. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". EXHIBIT "A" Page 9 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 II. SCHEDULE Date Activity TBD NTP 8 weeks Draft ELR submittal 3 weeks City Review 4 weeks from City Review Final ELR submittal 10 weeks from Final ELR 60% Design Submittal 3 weeks City Review 6 weeks from City Review 90% Design Submittal 3 weeks City Review 3 weeks from City Review 100% Pre-ATA Submittal 2 weeks from P-ATA Submittal Final Sealed Bid Package 2 weeks from Final Bid Pckg Advertise for Bids 2 weeks from Advertise for Bid Pre-Bid Conference 2 weeks from Pre-Bid Conference Receive Bids 6 weeks from Receipt of Bids Contract Award 2 weeks from Contract Award Begin Construction 44 weeks from Begin Construction Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services", the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT "A" Page 10 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Summary of Fees Basic Services Fees Street Storm Water Wastewater Water Gas Total 1. Preliminary Phase $27,480.05 $12,366.02 $6,870.01 $ 6,870.01 $1,374.01 $ 54,960.10 2. Design Phase $99,603.12 $44,821.41 $24,900.78 $24,900.78 $4,980.16 $ 199,206.25 3. Bid Phase $6,712.80 $3,020.76 $1,678.20 $1,678.20 $335.64 $ 13,425.60 4. Construction Administration Phase $20,560.50 $9,252.23 $5,140.12 $5,140.12 $1,028.03 $ 41,121.00 Subtotal Basic Services Fees $154,356.47 $69,460.42 $38,589.11 $38,589.11 $7,717.84 $ 308,712.95 Additional Services Fees(Allowance) 1. Permit Preparation $2,861.50 $1,287.68 $715.37 $715.37 $143.08 $ 5,723.00 2. Topographic and ROW Survey $12,166.00 $5,474.70 $3,041.50 $3,041.50 $608.30 $ 24,332.00 3. Environmental Issues $2,783.00 $1,252.35 $695.75 $695.75 $139.15 $ 5,566.00 4. Public Involvement $5,105.00 $2,297.25 $1,276.25 $1,276.25 $255.25 $ 10,210.00 5. Subsurface Utility Investigation (Level A) $ $ $ $ $ $ - 6. Construction Observation Services TBD TBD TBD TBD TBD $ - 7.Warranty Phase $1,612.00 $725.40 $403.00 $403.00 $80.60 $ 3,224.00 8. Televising Utility Lines $ $ $ $ $ $ - Subtotal Additional Services Fees $24,527.50 $11,037.38 $6,131.87 $6,131.87 $1,226.38 $ 49,055.00 Total Fee $178,883.97 $80,497.80 $44,720.98 $44,720.98 $8,944.22 $ 357,767.95 *Additional Services authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 11 Revised 27 February 2020 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Exhibit A-1 Task List HDR, Inc "WOOLDRIDGE ROAD — EVERHART ROAD TO CASCADE DRIVE" PROJECT NO. 18049A BOND ISSUE 2018 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Wooldridge Road Bond 2018(18049A) contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A- 1" are listed as "N/A". The Wooldridge Road Bond 2018 project limits are from Everhart Road to Cascade Drive. The anticipated construction work consists of reconstruction of the roadway, replacement of City water lines, storm water, reconstruction of curb and gutter, reconstruction of ADA accessible ramps and addition of new sidewalk. A. BASIC SERVICES 1) Preliminary Phase a) N/A b) N/A c) N/A d) N/A e) N/A f) N/A g) The drainage areas studied for the project are the current contributing areas along the centerline of Wooldridge Rd. from Everhart Road to Cascade Drive. h) Analysis of the contributing areas to the St. Andrews Drive storm system is not included in the scope of services. A tail water elevation equivalent to the soffit elevation of the St. Andrews Dr. outfall at the "tie-in" point will be utilized for the Wooldridge Road Bond 2018 storm water analysis. i) N/A j) N/A k) N/A 1) N/A m) N/A n) N/A o) N/A p) N/A q) N/A r) One two hour meeting is assumed for the review meeting of the draft ELR. s) N/A t) N/A City staff will provide electronic copies of the following (as applicable and requested): a) N/A b) N/A b) N/A c) N/A d) N/A Exhibit A-1 1 HDR Engineering,Inc. Alameda Street—Louisiana Avenue to Chamberlain Street Project No.18005A DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 g) N/A h) N/A i) N/A j) N/A 2) Design Phase a) 1. Confirm POC's, send out formal Notification Letters communicating project timeline, timeline needs of utility relocations. 2. Create and maintain Utility Communication Log tracking correspondence with utility companies. 3. Preparation of Existing Utility Layout (includes proposed roadway, all proposed features, aerial background and preferred options with all utilities getting assigned a distinct linestyle for ease of visual identity (Includes ASCE QL-B and QL-A to be provided by SUE firm). 4. Coordinate and Conduct utility coordination meetings (including meeting minutes) (Assume 2 joint in-person meetings MAX). 5. Identify Utilities with Compensable Rights-Coordinator will investigate prior right claims by utilities submitting such claims, Coordinator will request appropriate documentation from utilities to validate prior rights. 6. Identify utility conflicts with proposed improvements and constructability of improvements with labeling corresponding numerical ID. 7. Display all potential utility conflicts on Utility Layout. 8. Create and maintain Utility Conflict Matrix identifying each Conflict ID. 9. Calculate conflict confirmation/ clearance with pavement/ drainage/all improvement design information including all prop water and storm sewer. 10. Provide Calculation Binder showing evidence of all information used to confirm/clear EACH conflict. 11. Provide formal QC of Utility Layout, Conflict Matrix utilizing Calculation Binder. 12. Evaluate if any potential property interests exists for each utility conflict. 13. Upon confirmation of all conflicts, work with design team(s) and utility companies to obtain best solution to resolve each conflict- Design Modifications, or Protect in Place or Relocate facility. 14. Review all confirmed utility conflicts with each utility company and determine best mitigation of each. 15. Coordinate with each utility company to determine: design time, long-lead material time, moratorium periods, bidding/ award time, construction time and removal/ proper abandonment. 16. Provide technical support for interpretation of Utility: standards, timelines, material descriptions, labor quantities, symbols, terms/ slang, and prior rights validation. 17. Provide conceptual alignments for all required facilities needing relocation. 18. Prepare Proposed Utility layout. 19. Assist utility companies in the relocation design by providing interim over-the- shoulder reviews on their relocation design plans (Assuming MAX of 2 utilities). 20. Review/ sign-off final relocation plan (Compatibility with road/ drainage improvements, Compliance to Design Criteria Manual, Utility Accommodations Rules and/ or applicable Regulations, Constructability, Exhibit A-1 2 HDR Engineering,Inc. Alameda Street—Louisiana Avenue to Chamberlain Street Project No.18005A DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Schedule/ sequencing for Installations, Cutovers and customer outages, removal/ abandonment of old facilities). 21. Provide a finalized utility layout, conflict matrix and evidence of conflict resolution. b) N/A C) 1. Prepare SUE work plan and coordinate with City PM to obtain additional horizontal and/ or depth information (ASCE QL-A) from City SUE Consultant. d) Provide assistance to identify testing and provide recommendations for handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view only. Intermittent profile information for the gas line will be recommended to avoid conflict with proposed City utilities. Anticipated construction drawings are as follows: 1. General Sheets 2. Demolition Sheets 3. City Base Maps 4. Street and Storm Sewer Sheets 5. Water Sheets 6. IT and Gas Sheets 7. Storm Water Pollution Prevention Plan 8. Signing and Striping Sheets One traffic control plan concept will be included in the project plan set. It is anticipated that construction phasing plan sheets, warning and barricades, detailed construction sequencing, and detailed phasing typical sections will be required for the traffic control plan. f) N/A g) N/A h) N/A i) N/A j) N/A k) N/A I) N/A m) N/A City staff will: a) N/A b) N/A c) N/A 3) Bid Phase a) N/A b) N/A c) N/A d) N/A e) If bids are over budget through no fault of HDR, revision of the bid documents will require an amendment to the contract. f) N/A Exhibit A-1 3 HDR Engineering,Inc. Alameda Street—Louisiana Avenue to Chamberlain Street Project No.18005A DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 City staff will: a) N/A b) N/A c) N/A d) N/A 4) Construction Administration Phase a) N/A b) HDR plans for the following hours to review and respond to contractor submittals and RFIs: project manager (6 hours), project engineer (14 hours), engineer-in- training (24 hours), and technician (4 hours). If contractor submittals and RFIs require HDR to exceed these planned hours, it will require the Wooldridge Road project contract to be amended to accommodate the additional hours. c) N/A d) The construction schedule duration is estimated at 7 months. During this duration, HDR estimates the following hours for site visits: project manager (16 hours), project engineer (30 hours), engineer-in-training (90 hours), and technician (15 hours). If the construction schedule extends past 7 months causing HDR to exceed these estimated hours, it will require an amendment to the contract for additional hours to accommodate the extended construction schedule. Any additional time spent on the project site at the request of City staff will require the Alameda Street project contract to be amended to accommodate the agreed upon additional hours. e) N/A f) N/A g) N/A h) N/A City staff will: a) N/A b) N/A B. Additional Services This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Topographic and Right-of-Way (ROW) Survey - N/A 3) ROW/Easement Acquisition Survey and Parcel Description - N/A 4) Environmental Issues — Conduct a desktop review of the Texas Historical Commission's Atlas database for recorded cultural and historic resources in the project area. Order and review a hazardous materials database report for records within the Exhibit A-1 4 HDR Engineering,Inc. Alameda Street—Louisiana Avenue to Chamberlain Street Project No.18005A DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 project area. A summary of both the cultural and hazmat database reports will be provided in a short letter report. HDR is not performing a Phase I environmental site assessment (ESA) to identify Recognized Environmental Conditions (RECs) that either currently exist or may have existed on or around the Site as defined under the ASTM Method E1527-13. If based on the report findings the City chooses to investigate further, an amendment for additional environmental services is required. 5) Public Involvement. — HDR plans for the following hours to prepare for public involvement meetings: Project Manager (5 hours), Senior Engineer (6 hours), Project Engineer (14 hours), Engineer-In-Training (30 hours), Technician (30 hours), and Administrative Assistant (10 hours). If Public Involvement requires HDR to exceed these planned hours, it will require the Wooldridge Road project contract to be amended to accommodate the additional hours. 6) Subsurface Utility Investigation a) SUE investigation for quality Level A will be provided by a third party firm procured by the City. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The A/E can provide a scope and fee for construction observation services if requested by the City. 8) Warranty Phase —Warranty phase services are not included as part of the scope for this project. The A/E can provide a scope and fee for warranty phase services if requested by the City. 9) Televising Utility Lines. —A/E does not anticipate the need for televising utility lines. II. SCHEDULE — N/A III. FEES - N/A Exhibit A-1 5 HDR Engineering,Inc. Alameda Street—Louisiana Avenue to Chamberlain Street Project No.18005A DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 0110112017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBDI TBDI TBD TBDI TBD1 TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.001 $3,000,001 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials(T&M). Exhibit B Page 1 of 1 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 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, with the exception of professional liability, which may be on a per claims made 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 Rev 12/20 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .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 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 C. Claims by Contractor that are not received within the time period provided by section 13.02(8) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 clot CITY OF CORPUS CHRISTI `ty Co DISCLOSURE OF INTEREST Corpus Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O.BOX: STREET ADDRESS: 555. N. Carancahua Street, Suite 1600 CITY: Corpus Christi STATE: TX ZIP: 78401 FIRM IS: L Corporation 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant DocuSign Envelope ID:2A52CC06-27C8-4E81-8514-E6A7E1 6ADE1 6 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. Arthur B. Colwell Vice President/Office Principal Certifying Person (Type or Print) Title: 02/15/2021 Signature of Certifying Person Date: 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. �pUS C °° -,Fill C NOApOAp'E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of May 11, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Construction Contract La Retama Library - Elevator Modernization (Bond 2018 Proposition D) CAPTION: Resolution awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the freight elevator for the La Retama Library, located in Council District 1, in an amount of $226,420.00 with FY 2021 funding available from the Bond 2018, Proposition D Fund, and updating the scope of work in the FY 2020-2021 Capital Improvement Program. SUMMARY: This item awards a construction contract for the La Retama Library - Elevator Modernization. The project scope consists of replacing obsolete freight elevator equipment and upgrading the fire protection system to comply with current building and safety codes. BACKGROUND AND PURPOSE: La Retama Central Library began construction in 1984 and opened to the public on June 10, 1986. The existing freight elevator was installed in 1984 and is beyond the service life expectancy. The typical service life for elevators is 20 to 25 years and therefore they have exhausted their serviceable life. The freight elevator serves two floors and is a hydraulic type with outdated controller and hydraulic unit. The elevator will be modified to operate to the 3rd level including installation of a new control panel and hydraulic cylinder replacement. The elevator modernization will include new interior finishes, hallway lanterns, call button stations, and floor designator plaques at each floor. The fire protection system will be updated, to include smoke detectors, and a hoist-way heat detector that will be directly interfaced with the fire alarm system. Currently it is unknown whether the current hydraulic cylinder can be re-used although replacement is included as part of the overall scope and base bid. The replacement of the current hydraulic cylinder will only be included if it is required., Minor refurbishing of the car guide rails including tighten fasteners, and re-alignment will be included as required. General cosmetic refurbishing, removal of any debris of pit area, and adaptation to include an access ladder are also included as part of the design. The library has a total of two elevators and the passenger elevator was upgraded within the last three to five years and is in good working condition with no indications of problems. Upon project completion, the freight elevator will conform to all current building and safety codes, providing new additional elevator access to the 3rd floor. PROJECT TIMELINE: 1 May — August Construction Project schedule reflects City Council award in May 2021 with anticipated construction completion by August 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on March 17, 2021. The City received bids from one bidder. The City analyzed the bid in accordance with the contract documents and determined EMR Elevator, Inc. is the lowest responsive, and responsible bidder. City hasn't been receiving competitive bids on the recent elevator upgrade projects due to the industry limitations. As the lowest bids received was within the acceptable range of Engineer's Opinion of Probable Construction Cost City decided to proceed with the project. BID SUMMARY CONTRACTOR BASE BID EMR Elevator Inc. $226,420.00 Engineer's Opinion of Probable Construction Cost $218,654.00 EMR Elevator Inc. has been servicing and renovating many of the elevators in buildings owned by the City for several years and is deemed competent to complete this project. Most recently they renovated the elevator for Frost Bank located at 2406 Leopard Street and for the Health Department and Museum of Science and History. ALTERNATIVES: City Council could instruct staff to reject the bids and provide direction to re-advertise, which is not likely to produce a better value. This would also postpone the required work and there is the potential for the elevator to stop operating. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $226,420.00 with funding available from Bond 2018, Proposition D Fund. The funds for this project are aligned from the La Retama Roof Replacement project savings. The Capital Improvement Program will be updated to include this scope of work. FUNDING DETAIL: The Capital Improvement Program will be updated to include the scope of work for the La Retama Library— Elevator Modernization project. Funding is available from project savings of La Retama Roof Replacement project. The CIP expenditures will be amended to show the additional scope of work. Fund: Bond 2018, Prop D (Fund 3227) Mission Elem: Library (111) Project: La Retama Elevator Modernization (18172C) Account: Construction (550910) Activity: 18172-C-3227-EXP Amount $226,420.00 RECOMMENDATION: Staff recommends awarding a construction contract for La Retama Library- Elevator Modernization to EMR Elevator for upgrading the freight elevator. LIST OF SUPPORTING DOCUMENTS: Resolution Location Maps Contract Bid Tab Approved CIP Page and Amended CIP Page Page 1 of 2 Resolution awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the freight elevator for the La Retama Library, located in Council District 1, in an amount of $226,420.00 with FY 2021 funding available from the Bond 2018, Proposition D Fund, and updating the scope of work in the FY 2020- 2021 Capital Improvement Program. WHEREAS, voters approved Bond 2018 Proposition D in November 2018 that authorized the City to sell bonds for the purpose of making permanent public improvements to the Libraries; WHEREAS, City Council adopted the Fiscal Year 2020-2021 Capital Budget and Capital Improvement Planning Guide in Ordinance No. 032203; WHEREAS, FY 2021 Capital Budget includes expenditures categorized by Project Type the funding sources to show a balanced budget; WHEREAS, the Capital Improvement Planning Guide includes the annual capital budget (year 1), short-range capital improvement plan (years 2 & 3) and long-range capital improvement plan (years 4+); WHEREAS, information sheets were provided to describe the potential projects that could be accomplished under each of the adopted Capital Budget categories; and WHEREAS, the description of Project 18172C La Retama Roof Replacement project has been updated to add the elevator modernization scope of work. This does not impact the adopted Capital Budget or Capital Improvement Planning Guide as the work is being performed under Public Facilities — Libraries in the FY 2021 Capital Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a construction contract to EMR Elevator, Inc., Corpus Christi, TX to upgrade the freight elevator for the La Retama Library — Elevator Modernization project in an amount not to exceed $226,420.00. Page 2 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor PROJECT LOCATION N 181 SCALE: N.T.S. a VICINITY MAP a PROJECT LOCATION NOT TO SCALE SHIP CHANNEL CORPUS CHRISTI o� Q LEOPARD B� z0 /� 286 M0RGpN v OOF` O� O y � � c �O LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18172C LIBRARIES- LA RETAMA CITY COUNCIL EXHIBIT ELEVATOR MODERNIZATION CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES f t N ' COMANCHE ST. SCALE: N.T.S. a PROJECT LOCATION `- LA RETAMA CENTRAL LIBRARY a U F CHER S1 } i s , x i ,. COOPERS ALLEY • `�� �� ,' ��w. "�"' �"°�a�� °p,�"•fir �,'�.i. r y ,t• AERIAL MAP Project Number: 18172C „ M r _ NOT TO SCALEIt LIBRARIES- LA RETAMA CITY COUNCIL EXHIBIT ELEVATOR MODERNIZATION CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES Elevator Modernization -Library-La Retama (Bond 2018) Bid Opening 03/17/2021 Item Description Unit Quantity EMR Elevator 2320 Michigan Court Arlington,TX 76016 Al Mobilization and Demobilization(Not 1 $4,000.00 $4,000.00 to exceed 5%) LS A2 Bonds and Insurance(Not to exceed 1 $4,088.00 $4,088.00 2%) AL Sub Totals $8,088.00 .. ..- B1 Elevator Modernization Package LS 1 $128,732.00 $128,732.00 B2 Hydraulic Cylinder Replacement LS 1 $50,000.00 $50,000.00 Sub Totals $178,732.00 C1 Miscellaneous Mechanical LS 1 $3,800.00 $3,800.00 C2 Miscellaneous Electrical LS 1 $13,800.00 $13,800.00 Sub Totals $17,600.00 D1 Unforeseen Conditions Allowance AL 1 $20,000.00 $20,000.00 D2 Permits Allowance AL 1 $2,000.00 $2,000.00 Sub Totals $22,000.00 Grand Total $226,420.00 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT rs � ,1 Elevator Modernization Multiple Location - Library- La Retama (Bond 2018) PROJECT No: 18172C Contract No. 3477 Y:\00 CONSTRUCTION CONTRACT ADMIN\18172C EMR Elevator SC 0� � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and EMR Elevator Inc JContractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Elevator Modernization Multiple Locations- Libraries- La Retama Project No: 18172C ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Bath Group 5656 S. Staples St., Suite 110 Corpus Christi, Tx 78411 Note to Specifier: City will complete paragraph 2.02 upon award of contract. 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP-Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 226,420.00 Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: Contractor's Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) EMR ELEVATOR INC (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax Email END OF SECTION Agreement 00 52 23 18172C Libraries- La Retama Rev 7/2020 00 30 01 BID FORM Project Name: Libraries-La Retama Project Number: 18172C Owner: City of Corpus Christi OAR: Designer: Bath Engineering By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Hope L.Jans (full legal name of Bidder) t Signature: (signature of person with authority to bind the Bidder) Name: Hope L Evans (printed name of person signing Bid Form) Title: President (title of person signing Bid Form) Attest: (signature) State of Residency: Texas Federal Tx ID No. 75-261403351 Address for Notices: 2320 Michigan CT.Arlington TX,76016 Phone: 817-701-2400 Email: hope.evans@emrelevator.com Bid Form 00 30 01-Page 1 of 2 La Retama Library Elevator Modernization-18172C Rev 8/2019 Elevator Modernization-Library-La Retama (Bond 2018) Report Created On:3/18/21 2:55:31 PM BID TOTALS BASE BID Total Part 1 A(General) $8,088.00 Part 2 B(Elevator Upgrades) $178,732.00 Part 3 C(Mechanial and Electrical) $17,600.00 Part 4 D(Allowances) $22,000.00 Total $226,420.00 Part 1 A(General) No. Description Unit Qty Unit Price Ext Price Al Mobilization and Demobilization(Not to LS 1 $4,000.00 $4,000.00 exceed 5%) A2 Bonds and Insurance(Not to exceed 2%) AL 1 $4,088.00 $4,088.00 Subtotal: $8,088.00 Part 2 B(Elevator Upgrades) No. Description Unit Qty Unit Price Ext Price B1 Elevator Modernization Package LS 1 $128,732.00 $128,732.00 B2 Hydraulic Cylinder Replacement LS 1 $50,000.00 $50,000.00 Subtotal:$178,732.00 Part 3 C(Mechanial and Electrical) No. Description Unit Qty Unit Price Ext Price C1 Miscellaneous Mechanical LS 1 $3,800.00 $3,800.00 C2 Miscellaneous Electrical LS 1 $13,800.00 $13,800.00 Subtotal: $17,600.00 Part 4 D(Allowances) No. Description Unit Qty Unit Price Ext Price D1 Unforeseen Conditions Allowance AL 1 $20,000.00 $20,000.00 D2 Permits Allowance AL 1 $2,000.00 $2,000.00 Subtotal: $22,000.00 Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project# 181721 Project Name La Retama Roof Replacement Type Reconditioning-Asset Longevit Department Public Facilities Useful Life 25 years Contact Library Director Category Building Rehabilitation Priority 2 Critical-Asset Conditionuonge LA RETAMA Status Active CENTRAL, LIBRARY Description " Entire roofreplacement is necessary on this project. The damage is extensive and repairs and reconstruction is necessary. Justification Equipment has reach the end of lifecycle;replacement is needed. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 26,007 2,000,000 2,026,007 Engineering Svc 38,000 38,000 Admin Reimbursement 1,900 1,900 Total 26,007 2,039,900 2,065,907 Funding Sources 2019 2020 2021 2022 2023 Total G.O.Bond 2018 26,007 2,039,900 2,065,907 Total 26,007 2,039,900 2,065,907 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion ofproject to determine on- going or maintenance costs. 454 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18172C Project Name LaRetama Roof Replacement& Elevator Modernization Type Recondition/Longevity Department Public Facilities C Useful Life 25 years Contact Library Director -- Category Building Rehabilitation Priority 2 Critical-Asset Condition LA RETAMA Status Active CENTRAL LIBRARY Description ' The Central Library was constructed in 1980's.The roof and the freight elevator which are both original to the building are beyond their life expectancy and are in need of replacement and modernization.This will be phase II of the roof replacement project.Phase I of the roof replacement project consisted of design only and it was paid by Bond 2012 proposition 5 funds. Justification The roof was experiencing failures in several areas causing water leaks and damage to the building interior.Numerous clay tiles have also begun to fall from the roof presenting a safety hazard.The existing freight elevator was installed in 1984,and is currently beyond the 20-year design, and economical service life expectancy. Prior Expenditures Years 2021 2022 2023 2024 Total Construction/Rehab 1,872,914 226,420 2,099,334 Design 182,500 182,500 Admin Reimbursement 218,371 24,900 243,271 TOMO 2,273,785 251,320 2,525,105 Prior Funding Sources Years 2021 2022 2023 2024 Total G.O. Bond 2012 885,496 885,496 G.O. Bond 2018 1,388,289 251,320 1,639,609 Total 2,273,785 251,320 2,525,105 Budget Impact/Other 71 There is no projected operational impact with this project at this time. On-going maintenance cost will continue to be budgeted on annual basis. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: April 23, 2021 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Interim Director of Parks and Recreation Sarah M3(a)cctexas.com (361) 826-3433 Agreement with the United Corpus Christi Chamber of Commerce for the Donation of a Mural at Cole Park CAPTION: Motion authorizing an agreement with the United Corpus Christi Chamber of Commerce Foundation (UCCCF) for the acceptance of a commissioned mural to be placed at the Cole Park Amphitheater as the final project of Leadership Corpus Christi, Class 49, a program of UCCCF. SUMMARY: Leadership Corpus Christi Class 49 is donating a commissioned mural to the City of Corpus Christi to be located on the wall of the amphitheater at Cole Park. BACKGROUND AND FINDINGS: Leadership Corpus Christi (LCC) is a training program for emerging and existing leaders that builds the needed skills, knowledge, motivation, and vision to develop a stronger community. Established in 1972 by the Chamber of Commerce, the program is the third oldest community leadership program in the state. Over 1 ,200 graduates are having a powerful impact on virtually every community and business organization throughout Corpus Christi. The purpose of Leadership Corpus Christi is to advance positive, progressive, and orderly business and professional development in the Corpus Christi area by educating potential and existing business and community leaders through exposure to diverse realities, personalities, and challenges in the community and developing and enhancing visionary leadership skills through in-depth training. As part of their final project, members of the current class, LCC 49, are organizing a class gift that symbolizes the beauty, unity, and resilience of our community through current and future uncertain times. As members of this community, they envision a mural to be the backdrop for reflection, gatherings and community events at Cole Park. Located at the amphitheater in Cole Park, this 20-foot by 10-foot mural will face Ocean Drive and will be accessible and admired by locals and tourists. A professional muralist has been contracted to create the mural. The mural will be painted on a series of panels that will be bolted to an aluminum track system affixed to the outer walls of the amphitheater. Once approved and completed, the mural will be donated to the City of Corpus Christi for ownership and maintenance. ALTERNATIVES: An alternative would be to deny the agreement for the donation of the mural at Cole Park. FISCAL IMPACT: There are no capital costs associated with this item. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends Council approve the mural design and authorize the agreement with the United Corpus Christi Chamber of Commerce. LIST OF SUPPORTING DOCUMENTS: Agreement Presentation y.a Cole Park Mural City Council May 11, 2021 Leadership Corpus Christi p p OIiRISTI • The CC Chamber of Commerce was established in 1916 • Leadership Corpus Christi (LCC) is a subsidiary program of the CC Chamber of Commerce • Leadership Corpus Christi (LCC), established in 1972, develops emerging and existing leaders in the community. • Advances positive, progressive, and orderly business and professional development in Corpus Christi. • Enhances its trainees' visionary leadership skills. Mural Donation CHRISTI • Cole Park Mural donation is a final project from class LCC 49 • 20-foot by 10-foot mural wiII be installed on the western side of the Art Center facing Ocean �� �'' ,�„ rami Drive • Envisioned to be backdrop for reflection, gatherings, and 1. community events at Cole Park . _ x, - , • Contract for the LCC49 donation will be executed between the City and the Chamber of Commerce 3 Mural Design CHRISTI • Renderings designed by local, professional muralist • Rendering submitted by LCC 49 for Council approval — Design presented is recommended by City Staff for driver visibility O�Pus CHR Design • • • I • 1852 CORPUS CHRISTI �M��P Recommendation CHRISTI Staff recommends: 1. Approve Design Recommendation as presented by LCC49; 2. Council authorize the City Manager to execute the memorandum of agreement as presented. I AGREEMENT BFTWEEN CITY OF CORPUS CHRISTI AND UNITCD CORPUS CHRISTI CHAMBER OF COMMERCE-. FOUNDKi-ION ("UCCCF-') I'OK DONATION AND ACCEPTANCE OF COMMISSIONED MURAL TO BE PLACED AT COLE PARK AMPHITHEATER AS THE CLASS PROJECT OF LEADERSHIP CORPUS CHRISTI CLASS 49, A PROGRAM OF UCCCF THIS AGREEMENT ("Agreement"), is between the City of Corpus Christi ("the City"), and United Corpus Christi Chamber of Commerce Foundation ("UCCCF") for the donation of a commissioned mural ("Mural") to be located on the wall of the Cole Park Amphitheater as the class project of Leadership Corpus Christi Class 49, ("LCC49") a program of UCCCF. NOW, THEREFORF, the City and UCCCF acting through its LCC49 agree as follows: 1. Donation of Mural. UCCCF agrees to procure, install, and donate a mural to the City, and the City agrees to accept the mural, according to the terms of this Agreement. 2. Specifications of Mural, The Mural shall be created by Kylie Justus (the "Muralist")who shall be commissioned by the UCCCF. The approximate size of the Mural shall be 20 feet in width by 10 feet in height. The Mural will be placed on three (3) 4 foot by 8 feet panels of 3f8 inch thickness. The final Mural design shall be approved by City Council. The final Mural design shall be inserted on the attached Exhibit 1. 3. IICCCF's Responsibilities. A. UCCCF shall procure, install and donate the Mural to the City no later than 24 months after final signature on this Agreement. B. UCCCF shall provide City Director of Parks & Recreation with original signed letter from the Muralist which grants to the City an unlimited license to graphically reproduce the Mural for municipal noncommercial purposes in City brochures, catalogs, and use in any City media or other City publications, with muralist credit to be included on City published uses. C. UCCCF shall be solely and exclusively responsible for contacting, communicating with, and coordinating delivery of the Mural from the Muralist to the City. D. UCCCF shall be solely and exclusively responsible for all costs related to procurement, delivery, and installation of the Mural. E. UCCCF shall ensure that all work performed on the City property complies with all applicable City, State, and Federal codes, statutes, ordinances and regulations. F. UCCCF shall obtain any permits required by the City Development Services Department for installation of the Mural on City property, 2 G. UCCCF shall oversee the activities of LCC49 in this matter and be responsible to comply with all terms of this Agreement. 4. City's Responsibilities. The City Director of Parks & Recreation ("City Director') shall accept delivery, receipt and ownership for the Mural on behalf of the City at a mutually acceptable time and place, 5. Project Site, UCCCF shall arrange for the delivery and installation of the Mural on the south-facing side of the location of the Cole Park Amphitheater as depicted in the attached Exhibit 2. 6. Risk of Loss or Damage. UCCCF shall be solely responsible and assume all risk of loss or damage to the Mural until receipt and acceptance thereof by the City Director of Parks & Recreation. Acceptance by the City shall occur after delivery and successful installation at the project site. 7. Installation of Mural. A. UCCCF must coordinate installation of the Mural with the City Director of Parks & Recreation. Before beginning any work on the City property, UCCCF must review the final installation plans with the City Director of Parks & Recreation, and the Engineering Services and Development Services departments. In addition, the structural attachments used to attach the Mural to City Cole Park Amphitheater must be rated and anchored for current wind speed requirements. B. Before beginning any work on the City property, UCCCF must demonstrate to the City Director of Parks & Recreation that the persons donating the installation services have obtained all permits required by Development Services and signed the attached Exhibit 3 volunteer waiver. Before beginning any work on the City property, UCCCF shall be required to obtain an engineer's opinion attesting to the review of the installation plan and engineer's determination that the installation is windstorm-certified and safe for the City property and the general public. 8. Removal of Mural in event of damage; relocation. The City may choose to relocate the Mural to another City location for any reason. The City may remove the Mural from City property in the event the Mural becomes graffitied or otherwise damaged. The decision of the Director of Parks & Recreation regarding removal and/or relocation of the Mural shall be final. I 9. Relationship of Parties. No agent, employee, representative or subcontractor of UCCCF or LCC49 shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are i i I E 3 available from the City to UCCCF, LCC49 or their volunteers, members, employees, agents, representatives or subcontractors. UCCCF will be solely and entirely responsible for its acts and for the acts of UCC, LCC49, and their agents, volunteers, employees, representatives and subcontractors during the performance of this Agreement. UCCCF shall ensure that any volunteer involved with delivery or installation of the Mural must execute the attached Exhibit 3 prior to initiating any work on the City property. 10 Expiration; Termination. This Agreement shall expire automatically upon the City's receipt and acceptance of the Mural. 11. Indomnification/Hold Harmless. UCCF, its agents, contractors, employees, officers, officials, and representatives hereby release the City from any liability or responsibility for claims, either by them or by claimants who are not parties to this Agreement, including injuries, damages, losses, suits, or attorney fees, arising out of or in connection with the performance of this Agreement, The provisions of this section shall survive the expiration or termination of this Agreement, but shall not impose or shift liability for occurrences after the mural is delivered, installation is completed, and the City accepts the mural. 12. Entire Agreemont. The written provisions and terms of this Agreement, together with all documents attached hereto, shall supersede all prior verbal statements of any officer or representative of and such statements shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 13. Modification. No waiver, alteration or modification of any of provisions of this Agreement shall be binding unless in writing and signed by the City Director of Parks and Recreation and UCCCF. 14. Assignment. Any assignment of this Agreement by UCCCF without the written consent of the City Director of Parks and Recreation shall be void. 15. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereinafter specified in writing. For the City: To City of Corpus Christi, Attn: Director of Parks and Recreation, P. O. Box 9277, Corpus Christi, Texas 78469. For LCC49 and UCCCF: United Corpus Christi Chamber of Commerce Fo , p �ndation, 602 '= N. Staples St. Suite 150, Corpus Christi, Texas 78401, 16. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment E l r 3 4 of said covenants, agreements or options and the same shall be and remain in full force and effect. 17. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. In the event of litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 18. City Contract Administrator. The City staff person responsible to administer all aspects of this Agreement is the City Director of Parks & Recreation or their designee. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the dateof last signature. CITY OF CORPUS CHRISTI By: Name: Title: Date: Approved as to legal form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney United Corpus Christi Chamber of Commerce Foundation BY: NAME P. TITLE:4�hk6j) ' - 5 DATE: i 1 _,-„ 5 tt� �i a i� �`� } e� ����1�� � 'o.�rarj�s��i .... „�c . "'� "�� ���er y� w P � ��� � ---- � �r,�� �� � �� �i� t�`` _ �e �� I �� rn ��S� � r s � ,. � TJ �f �' - � . d 1 . , � � � i -- . �c- � �t ����r� .� � N�� � e��,.h 1 • .roc 1,;••,�.i _ r : # u ICI � ll 41 t "�ti] 3 CsI a r.;,,r r,,p1 >, # Irrl I i W. CIA?,3 �s� hi;y= �'� �Yztix ���l�,. � 1rT�a<> '�'.xi "��5���ii'�tT:�"�-'��`rt s � r�li`?-�t�• }- � 5�.}l i z'_'-`SSC jt�t'y`p�`�s h iY.�'s(,� :.� �, v c-�� rte: �i � 1> 1.#-t' �s 5` '-�s ;�ti s ����F�` 2• �tii7= ,.�i;'� f i^ids'"-��-� t� �'. �� tk}}�7�.�-r� �y. •%h)� � s'n tif'-Yy S s:2�4Fis;iii;'� r �"`�;���c i �€ft'�� .�.+;+�r���i�(`°'1�p1� {� �� w� �4�y�� Fr .�� ���I �s�. S`r ���`��,����`��E f r��f�,'�r" e�rv€-to < y t.,•- �"rr i �� ��� � - 4 ;.:":a�,?r t '_a� r.r : -�• rn_,,:Stx_rk1t: '§�:�'-.r�.,��+ T$ r�LS ;.�'r.. axs ,: 8 Exhibit 3 CITY OF CORPUS CHRISTI VOLUNTEER'WAIVER OF LIABILITY AND HOLD HARMLESS AG'REEII ENT 1. In consideration of my volunteer participation ill the delivery and/or installation of a mitral at Cole Parr, ("Activity") and other valuable consideration, I hereby RELEASE, WAIVE, COVENANT NOT TO SUE AND DISCHARGE the City of Cox-pus Christi, its officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such Activity, or while ill, oil or upoxx tllie premises where the activity is being conducted or in transportation to and from said premises. 2. To the best of illy knowledge, I can fiflly participate in this Activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to engage in such activity knowing that the activity may be Hazardous to me and illy property. 3. 1 VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY,INCLUDING DEATH,that may be sustained by me, or any loss or daivage to property owned by roe, as a result of being engaged in such au Activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. 4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney's fees, that may occur due to xny participation in said Activity, WHETHER. CAUSED BY NEGLIGENCE OF RELEASEES or otherwise. S. Itis lily express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse(if any), if I am €dive, and my Heirs, assigns and personal representative, if 1,9111 not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES, I hereby further agree that this Waiver of Liability and bold Harmless Agreement shall be construed in accordance with the laws of the State of Texas. G. I UNDERSTAND THAT THE CITY OF CORPUS CHRISTI WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED IA11TH AN INJURY I MAY SUSTAIN AS A RESULT Or MY PAR'T'ICIPATION IN SAID ACTIVITY. 7. 1 ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY THIRD-PARTY INJURY OR PROPERTY DAMAGE I MAY CAUSE, IN SIGNING THIS WAIVER AND HOLD HARMLESS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of'Liability and Hold Harmless Agreement, understand it. and sign it voluntarily as my own free act and deed; no oral representations, statements or I i 9 inclucemcnis,apart frons 1110 foregoing written agreement,have been made; l am at least.eighteen(J 8)yeat•s of age and fully competent;and I execute this document for full,adequato and complete consideration filly intending to be bound by same. VOLUNTEER �— Date 1 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for May 11, 2021 - Second Reading Ordinance for May 18, 2021 DATE: April 14, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Reimbursement Agreement with Mostaghasi Investment Trust Wastewater Lift Station — River Ridge Unit 4 CAPTION: Ordinance authorizing a Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement for up to $2,041,201.17 with Mostaghasi Investment Trust to construct a new Wastewater Lift Station, Gravity and Force Main for a proposed residential and commercial development located west of the U.S. Highway 77 (1-69) and County Road 52 Intersection with a completion date of within 24 months; transferring $372,704.89 from the Water Arterial Transmission and Grid Main Trust Fund, $83,339.25 from the Water Distribution Main Trust Fund, and $101,793.65 from the Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $1,772.500.78 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $268,700.39 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of $268,700.39 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 1) SUMMARY: Mostaghasi Investment Trust purposes to construct sanitary sewer infrastructure to serve and develop a new planned residential subdivision and proposed apartment complex which requires construction of a new Wastewater Lift Station. The developer has requested a developer reimbursement agreement to service approximately 256 acres of land with various uses and build out rates that include low density residential, high density residential and commercial development and allow the developer to continue with the planned residential subdivision's development. The lift station will replace the Hwy 77 Lift Station. BACKGROUND AND FINDINGS: The Developer, Mostaghasi Investment Trust, has requested reimbursement through a developer reimbursement agreement to construct a duplex lift station with pumps, accessories, wet well, discharge piping and valves along with ventilation, flow meter, order controls and site improvements, 200 linear feet of 15 diameter gravity sanitary sewer, 1,900 linear feet of 12" diameter gravity sanitary sewer, and 600 linear feet of 8" diameter gravity sanitary sewer to be built at master plan depths (City of Corpus Christi Wastewater Collection Master plan, Allison WWTP Service Area), Force Main, Manholes at a maximum of 500 feet apart, 1500 SF of 7" thick concrete driveway, with all required pumps, meters and other site improvements. The lift station will have 6" diameter discharge header piping and will pump into the existing 6" diameter force main. Approximately 100 feet of new 6" force main will be installed in order to tie into the existing force main. The developer is required to construct the Wastewater Lift Station in accordance to the criteria established by TCEQ in TAC 30 Chapter 217, and pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. This project will serve 256 acres located at US HWY 77 and CR 52. The River Ridge Unit 4 Subdivision consists of 38.75 acres is zoned RS-6 and proposes 136 single family homes. North of CR 52 along US HWY 77 is the Nemec Towne Center.The commercial preliminary plat consists of 26.318 acres and a portion was rezoned from FR to CG-2 to construct a Hobby Lobby & Shopping Center. 16.137 acres at the southeast corner of US HWY 77 and CR 52 is proposed for annexation and consists of 1.572 commercial acres and 14.62 acres of multi-family development. Currently there is no gravity sanitary sewer in this area to serve the proposed developments. Wastewater Lift Stations and Force Main Lines that are required and comply with the wastewater master plan are eligible for reimbursement under UDC Sections 8.5.2.E.3 and 8.5.2.E.4 respectively. The Sanitary Sewer Trunk System Trust Fund is used to reimburse developers for the construction of these types of improvements. ALTERNATIVES: Denying or amend the request. The Wastewater Trunk System Trust Fund could fund the project in two years without any transfers, which is in line when the project would be finalized. FINANCIAL IMPACT: The total cost of the project is $2,061,200.00. Less the $19,998.83 lot/acreage fee credit, the reimbursable amount is $2,041,201.17. The available balance of the Sanitary Sewer Trunk System Trust Fund of$1,214,662.99 will be appropriated. $372,704.89 will be transferred to the Water Arterial Transmission and Grid Main Trust Fund, $83,339.25 from the Water Distribution Main Trust Fund, and $101,793.65 from the Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $1,772,500.78 from the Wastewater Trunk System Trust Fund; the remaining $268,700.39 will be appropriated and would be paid out as funds become available. Per UDC 8.5.2.E.4.a "Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of reimbursement will be determined according to the date the wastewater lift station construction and reimbursement agreement is approved by City Council. This action will leave the total trust funds at a zero balance. It is anticipated that the funds will be replenished to cover the refundable amount within three months. This request is a one-time cost associated with the development of the project. Funding Detail: Fund: 4220 Sanitary Sewer Trunk System Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk System Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Collection Line Trust Fund Organization/Activity: 21801 Sanitary Sewer Collection Line Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission & Grid Main Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval of the River Ridge Unit 4, Wastewater Lift Station, Gravity and Force Main lines; this agreement will facilitate the installation of wastewater service to this proposed development and will provide adequate wastewater services to the proposed construction of new residential and commercial subdivisions in this surrounding area. The request in in accordance with UDC Section 8.5.2.E Wastewater Trunk Force Main Extensions and 8.5.2.E.4 Wastewater Lift station Installation. River Ridge Unit 4 Lift Station and related improvements will provide capacity and greater access to Sanitary Sewer for 256 acres near US HWY 77 and CR 52. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Presentation Location Map Ordinance authorizing a Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement for up to $2,041,201.17 with Mostaghasi Investment Trust to construct a new Wastewater Lift Station, Gravity and Force Main for a proposed residential and commercial development located west of the U.S. Highway 77 (1-69) and County Road 52 Intersection with a completion date of within 24 months; transferring $372,704.89 from the Water Arterial Transmission and Grid Main Trust Fund, $83,339.25 from the Water Distribution Main Trust Fund, and $101,793.65 from the Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $1,772,500.78 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $268,700.39 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of $268,700.39 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 1) WHEREAS, the Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and is allowed per Texas Local Government Code §395.001(4)(C); WHEREAS,the City is executing the Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement (Agreement) as trustee of the Wastewater Trust Fund pursuant to UDC §8.5; WHEREAS, the City is acting as trustee to further its governmental functions of providing water and sewer service; WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, UDC 8.5.2.E.4.d. provides: A lift station construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of reimbursement will be determined according to the date the waste water lift station construction and reimbursement agreement is approved by the City Council.; and WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.2.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement (Agreement), attached hereto, for up to $2,041 ,201 .17 with Mostaghasi Investment Trust 1 for the construction and installation of a new Wastewater Lift Station, Gravity and Force Main Line within 24 months for the development of the approved preliminary platted property known as River Ridge Unit 4, Corpus Christi, Texas. SECTION 2. In the event of project delay, the City Manager or designee is authorized to execute an extension of the Agreement for a period not to exceed a period of 12 months. SECTION 3. Funding in the amount of $372,704.89 is transferred from the No. 4030- 21805-777 Water Arterial Transmission and Grid Main Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 4. Funding in the amount of $83,339.25 is transferred from the No. 4030-21806- 777 Water Distribution Main Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 5. Funding in the amount of$101 ,793.65 is transferred from the No. 4030- 21801 Wastewater Collection Line Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 6. Funding in the amount of $1 ,772,500.78 is appropriated from the No.4220- 21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer for the construction of a Wastewater Lift Station, Gravity and Force Main Line, and improvements in accordance with the Agreement. SECTION 7. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Distribution Mains Trust Fund, and Wastewater Collection Line Trust Fund are transferred to the Wastewater Trunk System Trust Fund until $268,700.39 is appropriated from the No.4220-21800-777 Wastewater Trunk System Trust Fund by way of water and wastewater lot and acreage fees and pro-rata fees being deposited into the Wastewater Trunk System Trust Fund until $268,700.39 is appropriated from the No.4220-21800-777 Wastewater Trunk System Trust Fund in accordance with Section 8 of this ordinance. SECTION 8. The City Manager or designee is authorized to appropriate $268,700.39 from the No.4220-21800 Wastewater Trunk System Trust Fund as fund become available to reimburse the Developer for the construction of a Wastewater Lift Station, Gravity and Force Main Line, and improvements in accordance with the Agreement. SECTION 9. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor WASTEWATER LIFT STATION, GRAVITY AND FORCE MAIN LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and The Mostaghasi Investment Trust, a Texas Sole Proprietor, dba Sun George Contracting Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 9, 2020 to develop a tract of land, to wit approximately 38.75 acres known as Preliminary River Ridge Unit 4, Lot 6 Block 1 and approximately 2,700 linear feet west of U.S. 77 and County Road 52 intersection, on the north side of County Road 52 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Wastewater Lift Station, Gravity and Force Main Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: 1. A. Sanitary Sewer Lift Station 2 Bonds,Insurance(2.5;5) 1 LS $42,500,00 $42,5(V,00 Mobilization(51%) 1 LS $85,000,01) $85. 4.00 3 Existing Lift Station Demolition I Ld $35, 1.00 535,00.00 4 10'Diam,L1 Structure(Bottom Slab,Top Slat,wet well) I LS $245,000.00 $245, '00 5 Well Pointing for Lift Station I LS $38,000.00 $38,000,00 6 Ductile Iran Piping,F ttings,valves I LS $98,01.03 598,000.00 7 Pumps,Bases,wide Rails,and Accessories I LS $180,000.00 $180,000,CN3 8 Lift Station Electrical fElectrical Rack and Control Panel) I LS $120.000. 0 $120,000,00 9 Ultrasonic Flow Meter and 4'Fiberglass Chamber I LS $1&000. 0 528,100O,00 10 6"PVC Green C-900 Farce Main DR 25 100 LF $70.00 $7„040:00 11 Tie New 6"Force Main to Existing 6"Force Main ? LS S5540.00 $5.500.00 12 7"Thick Concrete Driveway 15 =SF $25.00 $37,500.00 13 1"HDPE waterline by epees Cut 125 LF $20.00 14 water Meter 1 EA 52,O00.00 $2,0140.00 15 'rte Proposed'1"r,DPE waterline to Existing Waterline I LS $1500.00 $1,540.00 16 7`Fall PVC:Coated Chainlink Fence with earbed wire € LS $B0 QW.00 $30,000.00 17 Extend Box Culvert and Safety End Treatment I LS $45,OW0 00 54S,o00' .W 1, 5`Diana.FRP Manhole(22'-24`Deep) 11 EA $38:300.+30 576.000.00 0 a`Diam.FRP Manhole(20'-22`01eep) 2 EA $32;300 430 $64,000.00 20 15"PVC Gravity Line(22`-24'Cut) 110 Lf $250,00 $27,50000 21 12"P+let Gravity Line( 4`-2 'Cut) 910 Lr $230.00 5209,300 40 22 12"PVC Gravity Line(20'-22'Cut) 9 i 0 LF $220,00 $200,200.00 23 Pollution Prevent` Paan I LS $12, 0.8 $12,03-00 24 OSHA Trench Protection 1930 LF $10.00 519,300.00 25 TemporaryTraffic Control 1 LS $15,000.0 $15,00X3.00 21 Wastewater Flow Control at Existing Lift Station LS $li),€?u'o= $10,000,00 27 INEC Allowance for Electrical Service to Lift Station Site 1 LS $35, o.oL1 $35,30 00 b. The plan must be in compliance with the City's master plans. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 2 of 12 c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. c. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements less $19,998.83 lot/acreage fee credit is $2,041,201.17. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this Agreement, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $2,041,201.17 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 3 of 12 the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: The Mostaghasi Investment Trust dba Sun George Contracting Development Co. Attn: Hossein Mostaghasi 8026 Bar Ie Doc Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 4 of 12 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 5 of 12 c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 5, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 6 of 12 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 7 of 12 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 8 of 12 fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/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.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 9 of 12 information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of 120 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 11 of 12 DEVELOPER/OWNER: The Mostaghasi Investment Trust dba Sun orge Contracting Company Nk By: t kl/ , Hossein ostaghasi, STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on I 20 4, by Hossein Mostaghasi, The Mostaghasi Investment Trust dba Sun George Contracting Company, a Texas Sole Proprietor, on behalf of said comps F'��f YVONNE MUNOZ Not ry Pu lies Sign ID## 12465834-3 Notary Public STATE OF TEXAS y Comm. Exp. 08-22-2023 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to Legal form BB 4.1.21 Page 12 of 12 S y g �•i E .,•.. - BP�nPgg6isY C� a §g sR fr $'gfgYy$$s•i "1 51 3g g gN3-� = ZO It g5 ���t s� ►O �� 0. •>�.�33F�: Sb�Ky s F� � #dq Sgd SEE .�� �. 6y" a Zit S� •$ 's3sa agr�l yy ° FP�.11 § S oi • (E6 3 � � P` £EllIns] 912,1 all. - S E a Ail s E�� Pm3'S /7 S 7� n N s 311, 3a 'E `8S r _oSaS`S i�SYg S.w P= a W� f9"# io "';m� ^ N n • o o n o a ^ ^ ?n e Ty gg 6a Ei t- r-� o QUI Edi Eo .�+Yro.'u•mue a qr �1 • it Ilp I; � � -,I I ^nit�_ _ _ i I Ila 11 - I f I Ia I INF.,; :. II I IIS 1 j Se` I I 9S 11 xl I 1f� a` a;i I ^ •i l ,. ,I �0u� I I --r - I Il n ";',S I O e , S= I I e y;J I r a I$ I H I u l a 1 al 1 ! 1$ •'i ^. 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Q-�- � Hossein ostaghasi, Trustee Date The Mostaghasi Investment Trust THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on FLIvu 2021, by Hossein Mostaghasi, as Trustee of The Mostaghasi Investmme frrrust, on behalf of the Trust. YV©NNE MUN OZ n; IQ# t24$58343 Notary Pubr the Sta f asNotary Public STATE xF TEXAS My Comm. EXP,08-222Q23 Exhibit 2 Page 1 of 2 APPLICATION FOR WASTE WATER REIMBURSEMENT The Mostaghasi Investment Trust,owners and developers of proposed River Ridge Unit 4, whose address is 8026 Bar Le Doc, Corpus Christi, Texas 78414, hereby request reimbursement of$2,041,201.17 (total reimbursement request,less lot acreage fee credit) for the installation of the waste water Lift Station in conjunction with said lot,as provided for by City Ordinance No. 17396. $2,061.200.00 is the construction cost, including 12% Engineering and Surveyin s shown by the cost supporting documents attached herewith. Hossein Mostaghasi, Trustee Date The Mostaghasi Investment Trust THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Hossein Mostaghasi, as Trustee of The Mostaghasi InvestmelS Trust, on behalf of the Trust. YVONNE MUNOZ a`za�Pf Gg� ILS# 124668`34.3 [ « Notary MOO STATE QF TEXAS „' o"" „ti•� Fdy Comm. Exp,08-22.2C2N tary ubl c in d for the Sta of xas CERTIFICATION The information submitted with this application for reimbursement has been reviewed. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services (Date) Exhibit 2 ENGINEER'S ESTIMATE PROJECT: County Road 52 Lift Station DATE: 1/7/2021 Preliminary Engineer's Opinion of Probable Construction Cost JOB NO. 42879.89.00 Item Description Quantity Unit Unit Price Total Amount A. Sanitary Sewer Lift Station 1 Bonds, Insurance(2.5%) 1 LS $42,500.00 $42,500.00 2 Mobilization(5%) 1 LS $85,000.00 $85,000.00 3 Existing Lift Station Demolition 1 LS $35,000.00 $35,000.00 4 10' Diam. L.S.Structure(Bottom Slab,Top Slab,Wet Well) 1 LS $245,000.00 $245,000.00 5 Well Pointing for Lift Station 1 LS $38,000.00 $38,000.00 6 Ductile Iron Piping, Fittings,Valves 1 LS $98,000.00 $98,000.00 7 Pumps, Bases,Guide Rails,and Accessories 1 LS $180,000.00 $180,000.00 8 Lift Station Electrical (Electrical Rack and Control Panel) 1 LS $120,000.00 $120,000.00 9 Ultrasonic Flow Meter and 4' Fiberglass Chamber 1 LS $18,000.00 $18,000.00 10 6" PVC Green C-900 Force Main DR 25 100 LF $70.00 $7,000.00 11 Tie New 6" Force Main to Existing 6" Force Main 1 LS $5,500.00 $5,500.00 12 7"Thick Concrete Driveway 1500 SF $25.00 $37,500.00 13 1"HDPE Waterline by Open Cut 125 LF $20.00 $2,500.00 14 Water Meter 1 EA $2,000.00 $2,000.00 15 Tie Proposed 1" HDPE Waterline to Existing Waterline 1 LS $1,500.00 $1,500.00 16 7'Tall PVC Coated Chainlink Fence with Barbed Wire 1 LS $30,000.00 $30,000.00 17 Extend Box Culvert and Safety End Treatment 1 LS $45,000.00 $45,000.00 18 5' Diam. FRP Manhole(22'-24' Deep) 2 EA $38,000.00 $76,000.00 19 5' Diam. FRP Manhole(20'-22' Deep) 2 EA $32,000.00 $64,000.00 20 15" PVC Gravity Line(22'-24'Cut) 110 LF $250.00 $27,500.00 21 12" PVC Gravity Line(22'-24'Cut) 910 LF $230.00 $209,300.00 22 12" PVC Gravity Line(20'-22'Cut) 910 LF $220.00 $200,200.00 23 Pollution Prevention Plan 1 LS $12,000.00 $12,000.00 24 OSHA Trench Protection 1930 LF $10.00 $19,300.00 25 Temporary Traffic Control 1 LS $15,000.00 $15,000.00 26 Wastewater Flow Control at Existing Lift Station 1 LS $10,000.00 $10,000.00 27 NEC Allowance for Electrical Service to Lift Station Site 1 LS $35,000.00 $35,000.00 Contingency(10%) $166,100.00 CONSTRUCTION TOTAL $1,826,900.00 Engineering,Surveying,Staking,Testing(12%) $219,300.00 (8%Engineering,4%Surveying,Staking,Testing) Geotechnical $15,000.00 GRAND TOTAL $2,061,200.00 URBAN ENGINEERING 2725 SWANTNER CC,TX 78404 Page 1 COUNTY ROAD 52 - SANITARY SEWER LIFT STATION DESIGN MEMORANDUM DECEMBER 2020 �. •• BiiIAN,D.•WtK rit•e9. 126591 •• � ��p�;',f SCE NS�O.•\��� &ONALt;0- PREPARED BY: U R � ENGINEERING 2725 Swantner Drive • Corpus Christi, Texas 78404 Phone: (361) 854-3101 ... - comments 12/08/20 Job No. 42879.B9.00 TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION I INTRODUCTION SECTION II PROPOSEDIMPROVEMENTS A. GRAVITY SANITARY SEWER B. LIFT STATION C. FORCE MAIN SECTION III GRAVITY PIPE ALIGNMENT A. LOCATIONS AND AUGMENT FOR PROPOSED SEWER LINES B. CROSSINGS SECTION IV LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION B. DESIGN FLOW C. LIFT STATION DESIGN D. STORAGE CAPACITY SECTION V BASIS OF DESIGN A. PROPOSED COUNTY ROAD 52 LIFT STATION FLOWS SECTION VI WORK PLAN SECTION VII CONSTRUCTION REQUIREMENTS EXHIBIT i EXECUTIVE SUMMARY The following is the Executive Summary for the plan submission for the County Road 52 Sanitary Sewer Lift Station. This project involves the installation of one sanitary sewer duplex lift station, gravity sanitary sewer, and 6" force main. In Calallen, approximately 1,000 linear feet to the west of the U.S. Highway 77 (1-69) and County Road 52 intersection there are two existing sanitary sewer lift stations, the Highway 77 Lift Station and the Oak Shadow Lift Station. The Highway 77 Lift Station is a small lift station that has been active for many years and is maintained by the City of Corpus Christi. The Highway 77 Lift Station is a duplex lift station with 3 horsepower pumps that pump approximately 50 gallons per minute(gpm). The Oak Shadow Lift Station is a private lift station that was installed to serve a development that was never built. The Oak Shadow Lift Station was built in 2017 and the lift station is not in service. The Oak Shadow Lift Station is a duplex lift station with 7.5 horsepower pumps designed to pump 325 gpm. The City of Corpus Christi does not maintain the Oak Shadow Lift Station since it is private. The pumps for the Oak Shadow Lift Station are not at the lift station site, they are stored in a Contractor's warehouse. There is a proposed subdivision to be located approximately 2,700 linear feet to the west of the U.S. Highway 77 and County Road 52 intersection, on the north side of County Road 52. There is also a proposed apartment complex located at the southwest corner of the U.S. Highway 77 and County Road 52. Currently there is no gravity sanitary sewer in this area to serve the proposed developments. The Highway 77 Lift Station and the Oak Shadow Lift Station do not have the depth or capacity to serve the proposed subdivision and proposed apartment complex. There is a 6" diameter sanitary sewer force main that goes from the existing Oak Shadow Lift Station to a gravity sanitary sewer manhole near the Wildcat Drive and Northwest Boulevard intersection. The manhole is approximately 3,000 linear feet to the north of the proposed County Road 52 lift station site. QRGe-the new-Gourvty Read 52 MasteF Plan Lift Station is built and in serviee�-the existing Highway 77 Lift Station will be taken out of service and will be replaced by the new County Road 52 Master Plan Lift Station. There is an existing private lift station, ES-1 across County Road 52 from the new lift station, that is associated with an apartment development. This private lift station has not been put into service at this time and is currently outside city limits (OCL). We recommend that city staff work with the developer of this tract to encourage annexation and ultimately tying in gravity sanitary sewer service and eliminating the need for the private lift station. In order to serve the proposed subdivision and apartment complex, a new deeper and greater capacity lift station will need to be built. The proposed County Road 52 Lift Station will be a duplex and have a 10' diameter x 32' deep fiberglass wet well. Design of the proposed lift station will follow criteria established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus Christi standards for lift station construction. A basis of design including size, capacity and pumps is included in Section IV of this Design Memorandum. The proposed lift station will have 6" diameter discharge header piping and will pump into the existing 6" diameter force main. Approximately 1 00' of new 6" force main will have to be installed in order to tie in to the existing force main. Design of the force main will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the force main line will be PVC (Green, C-900, DR 25, pressure class 165 psi). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. The proposed project will include approximately 200 linear feet of 15" diameter gravity sanitary sewer, 1,900 linear feet of 12" diameter gravity sanitary sewer, and 600 linear feet of 8" diameter gravity sanitary sewer to be built at master plan depths (City of Corpus Christi Wastewater Collection Master Plan, Allison WWTP Service Area). ES-2 Section I - INTRODUCTION A. PURPOSE The purpose of this project is to construct sanitary sewer infrastructure to serve a planned subdivision and apartment complex. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line, a duplex lift station, and 6" force main. There is a proposed apartment complex and a proposed subdivision along County Road 52. Currently there are no gravity sanitary sewer lines in this area. There are two existing lift stations which include the Highway 77 Lift Station and the private Oak Shadow Lift Station. The Highway 77 Lift Station is not deep enough, does not have the pump capacity to serve the proposed developments, and is not compliant with the Master Plan. The private Oak Shadow Lift Station has not been placed in service and the property remains undeveloped at this writing. However, it is anticipated that this property will develop as apartments in the near future and we recommend staff work with the developer to annex the property and provide gravity sanitary sewer service to the tract eliminating the need for the private lift station. There currently is a wastewater collection Master Plan for this area. As part of the collection plan there is a proposed lift station. In order to serve the proposed developments, the proposed County Road 52 Lift Station will be installed and will replace the existing Highway 77 Lift Station. Also as part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed and will flow into the proposed County Road 52 Lift Station. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed subdivision and apartment complex, but will also serve future developments along County Road 52. I-1 Section II - PROPOSED IMPROVEMENTS A. GRAVITY SANITARY SEWER 1. 15", 12", and 8" diameter PVC All proposed PVC gravity lines will be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500' apart per TCEQ Chapter 217 requirements. The manholes less than 14' deep will be 4' diameter. The manholes 14' and deeper will be 5' in diameter. Manhole wall thickness and construction will conform to City of Corpus Standard Details and Specifications. B. LIFT STATION 1. Pumps and Accessories The proposed County Road 52 lift station is a duplex lift station, two pumps will be installed. One pump will handle the design flow and the other pump will serve as a backup. The lift station will have 60 horsepower pumps. 2. Wet Well The proposed wet well will be 10' in diameter and approximately 32' deep and will be made of fiberglass. 3. Lift Station Discharge Piping and Valves (above ground) For ease of maintenance, the proposed lift station valves will be installed above ground. All above ground discharge piping will be constructed with ductile iron pipe, fittings, and valves. 4. Wet Well Ventilation The proposed lift station will have passive ventilation per TCEQ Chapter 217 Regulations. The passive ventilation will consist of a 6" PVC pipe with a stainless steel bird screen. II-1 6. Flow Meter The proposed lift station will include a flow meter to measure flow through the discharge piping. The flow meter will be installed in a fiberglass manhole adjacent to the lift station wet well downstream of the above ground discharge piping. 6. Odor Control Due the semi-rural location of the proposed lift station, no odor control systems will be installed at the lift station site. 7. Miscellaneous Site Improvements The proposed lift station will have a 6' tall wood picket fence with three strands of barbed wire. There will be a 3' wide personnel gate and a 12' wide main gate to allow for vehicular entry. The lift station will include a 12' wide concrete driveway that will be installed between the County Road 52 edge of pavement and the top slab of the lift station wet well. C. FORCE MAIN 1. Force Main Piping The proposed lift station will have approximately 75' of 6" PVC force main (green, C-900, DR 25, pressure class 165 psi). The proposed force main will tie the new lift station to the existing 6" PVC force main that is currently in service. The proposed 6" force main will be installed with a minimum of 3'-0" of ground cover. 11-2 Section III - GRAVITY PIPE ALIGNMENT A topographic survey will be performed to identify existing conditions, utilities and other possible obstructions. A. LOCATIONS AND ALIGNMENT FOR PROPOSED SEWER LINES The proposed gravity sewer lines will be installed in both County Right of Way as well as Utility Easements. B. CROSSINGS 1. Utilities a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed force main. b. Telephone and Fiberoptics: It does not appear that there will be any crossing of underground telephone or fiberoptic lines. C. Water: A preliminary investigation indicates that there will one crossing of an existing City 8"waterline. d. Sewer (Wastewater): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. e. Gas Utility: A preliminary investigation indicates that there will be no crossings of existing City gas lines. J. Patrolei tm and Other Petrochomir I I rbc. A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. III-1 Section IV- LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION The proposed County Road 52 Lift Station is designed to serve approximately 256 acres of land with various uses and build out rates that include low density residential, high density residential, and commercial development. The proposed County Road 52 Lift Station will be located approximately 1,000 feet to the west of the U.S. Highway 77 and County Road Intersection. The lift station will be located in an easement outside of the street right of way. B. DESIGN FLOW The design flow for the proposed lift station was calculated by determining the land use for the various parcels of land within the lift station service area per the Waste Water Collection System Master Plan, applying the master plan flow rate per land use type and then totaling the flows. A peaking factor of 4 was used and 400 gallons/day/acre was used for infiltration. C. LIFT STATION DESIGN The lift station will be designed using the criteria set forth in Chapter 217 of TAC 30. The primary design consideration for lift stations is given to wet well volumes. The wet well will be constructed of fiberglass and will be 10' diameter by approximately 32' deep. The wet well volume required was calculated using the following formula: V = (T * Q)/(4 * 7.48) where T is the pump cycle time in minutes and Q is the peak flow in gallons per minute. This formula is used to calculate wet well volumes when the pump capacity is equal to the peak flow. Using a pump cycle time of 10 minutes (or 6 pump starts per hour) and a peak flow of 705 gpm, the wet well volume required is 236 cubic feet (or 3.00 vertical feet inside of the 10 foot diameter wet well). The lift station wiii-be designed using Flygt (Xylern) submersible contriftrgal pumps. The pump motors will be 3-phase, 460V, 60 Hz. IV-1 D. STORAGE CAPACITY According to TAC 30 Chapter 217, storage capacity must be provided for 20 minutes of peak flow in the event of a power outage to prevent the release of untreated wastewater. This storage can be provided in the wet well volume and influent gravity line collection system. IV-2 Section V- BASIS OF DESIGN Per the existing Master Plan, the proposed County Road 52 Master Plan is shown to have the following: Phase 1 Firm Capacity— 121 gpm Phase 2 Firm Capacity— 791 gpm Buildout Firm Capacity— 10,497 gpm The Phase 1 capacity is not applicable since it is less than the flow produced by proposed developments. The proposed County Road 52 Lift Station will be designed to utilize the maximum capacity of the existing 6" force main. With a maximum velocity of 8 feet per second, the capacity of the existing 6" force main is 705 gpm. The proposed County Road 52 Lift Station will be designed to pump 705 gpm through the existing 6" force main. For the ultimate buildout capacity of 10,497 gpm, a new wastewater system capable of handling these large flows would be required. PROPOSED COUNTY ROAD 52 LIFT STATION Total Flow = 705 gpm Pumping Condition = 151 feet total dynamic head Pump = 60 horsepower V-1 Section VI - WORK PLAN A. SURVEYS AND PLAN PREPARATION 1. Datum All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All pipeline plan and profile sheets will be so arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. VI-1 Section Vll - CONSTRUCTION REQUIREMENTS A. DISPOSAL OF EXCESS SITE EXCAVATION MATERIAL All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. RESTORATION Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. STORM WATER POLLUTION PREVENTION PLAN A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. EROSION CONTROL There are no specific areas where the force main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended, beyond the City Standard Stormwater Pollution Prevention Plan. E. TRAFFIC CONTROL PLAN A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. VII-1 U g C) W C W m o ` N .d Ilk- I Ycv o O W W �U = N o o w U) LX) N tib. 4e. cmu s l�^ X � +� C N 'N AR r N r L ' u o N t N i N C6 FlN '7 DISCLOSURE OF INTERESTS I City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: The Mostaghasi Investment Trust STREET: 8026 Bar Le Doc CITY: Corpus Christi, Texas Zip: 78414 FIRM is:0 Corporation 0Partnership ( Sole Owner 0Association @Other Trust DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership 'interest" constituting 3%or more of the ownership in the above named"firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Board, Commission,or Committee N/A 4. State the names of each employee or officer of a "consultant'for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Hossein Mo taghasi Title: Trustee (Print Name) —"\\ Signature of Certifying Person: tDate: KADEVELOPMENTSVCSSSHAREDILAND DEVELOPMENTIAPPLICATION FORMS\REZONING\DISCLOSURE OF WTERESTS STATEMENT-5.12.2015.DOC y f , F + Aft RIVE LEOS '; 0, RWi4YLu uj OWMAN - 2 I _ B. KRUIP ;.` IVER+ROCFK i r R r, +� ROPOSE ' IFT STATI N LOCATIO r �i n 1 j CR 52 U �` �,,� 4n � Date Created:M5/2021 0 750 1,500 ). Prepared By:ReyR Feet Depaninent of Development Services ;A U w —J � Preliminary PIat -WOR -BLV �' �o River Ridge Unit 4 - Lj SUBJECT �oP Location Map PROPERTY s City of g Corpus LOCATION MAP " Christi Reimbursement Agreement Reimbursement Agreement with Mostaghasi Investment Trust The purpose of this ordinance is to authorize a wastewater lift station, gravity and force main line construction and reimbursement agreement with Mostaghasi Investment Trust for up to $2,041 ,201.17 to construct a new Wastewater Lift Station, Gravity and Force Main for a proposed residential and commercial development located west of the US Highway 77 (1-69) and County Road 52 intersection. City Council May 11, 2021 River Ridge Unit 4 Riry_Es sivo- .� . , -Ol'ML River Nemec Ridge -- ; Unit 4 Towne r Center t r I Proposed WW / Future Lift Station Annexation LOCATION MAP 711M Location i Project Map t N 112 acre low density residential 30 acre commercial s�'-c CR 52 lift station 69 acre low density I* residential 45 acre high density residential Waste Water Master Plan t New Lift Station • �I � c>F 7116 1b Al LISUS BA IN >.TI:R\fASTERPLA\ �...... - .e.w.p' s r., w 0'" Orr Trust Fund Balance Available Combined Trust Funds Balance as of 3/31/21 as reported by Finance is: $ 1,772,500.78 Individual Trust Fund balance break down: CollectionWater Arterial Sa n ita ry Sewer Tru n k Sanitary Sewer Transmission &Grid System Trust lot&acreage fees pro-rata fees lot&acreage fees pro-rata fees 75%surcharge 25%surcharge 75%surcharge 25%surcharge 4030-209010 4030-209020 4220-250410 4220-250420 $372,704.89 $83,339.25 $1,214,662.99 $101,793.65 Recommendation Approval Staff recommends approval of a wastewater lift station construction and reimbursement agreement Mostaghasi Investment Trust. The reimbursement agreement request is in accordance with UDC Section 8.5.2 Wastewater Trust Fund, and the applicant has paid the required processing fee for the reimbursement agreement. Sections 8.5.1 .C.4 and 8.5.2.1 of the UDC authorizes to appropriate $1 ,772,500.78 from Sanitary Sewer Trunk System Trust Fund and authorizing appropriation of additional $268,700.39 will be appropriated in the future from the Sanitary Sewer Trunk System Trust Fund to reimburse the Developer when funds are available. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 18, 2021 DATE: May 18, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 289-0171 Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Parking Operations Upgrade and Replacement at CCIA CAPTION: Resolution authorizing a two-year service agreement with HUB Parking Technology USA, Inc. of Houston, Texas, in an amount of $170,517.93 for installation and upgrade of the Parking Operations DataPark equipment at the Corpus Christi International Airport, effective upon issuance of a notice to proceed, with FY 2021 funding available in the Airport Fund. SUMMARY: This equipment is necessary for the airport to operate at its maximum capabilities. The equipment will allow customers to pre-pay parking, use kiosks inside the terminal building or curbside, and exit the parking lots without any wait. Equipment will allow customers to pay with cash, credit, and QR codes, and has future capabilities for touchless payment options. New equipment will also allow CCIA to accommodate free parking for veterans (i.e. Purple Heart recipients and Wounded Warriors) and commuters with a simplified process. The equipment purchase includes- new servers, software upgrades, uninterrupted power supply, (5) automatic pay stations, (9) license plate reader lane cameras, vehicle detection equipment, and other miscellaneous parts. BACKGROUND AND FINDINGS: CCIA is insourcing the operations of the public paid parking lots from a third party who has operated the lots under a management agreement, since 2013. In the original agreement Republic Parking (current 3rd party operator) agreed to escrow $400,000 for equipment upgrades, only $200,000 of that money was spent since 2013. The remaining funds were approved to be transferred to the airport's operating and maintenance fund by City Council on March 16, 2021 in the amount $203,931.55. To improve customer experience and technological capabilities of the parking lot systems, CCIA intends to enter a service agreement to update all ticket dispensers, payment kiosks, point of sale computers, user software, license plate readers, and other systems. The paid parking lots already utilize parking equipment by DataPark that will be used as part of this transition. PROCUREMENT DETAIL: This is a sole source procurement. HUB Parking Technology USA, Inc. is the sole source distributor of the DataPark Parking Revenue and Access Control System (PARCS). HUB provides direct service and support for the hardware and software as a complete system. The hardware and software cannot be supplied nor converted by any other company. ALTERNATIVES: Purchasing equipment from any other vendor would require replacement of everything in the parking operation since all equipment is proprietary. Parking equipment upgrades are required regardless of who operates the parking plaza (airport or third party) moving forward. Continued use of current outdated equipment would cause the airport to no longer receive technical support for any equipment failure. FISCAL IMPACT: Funds used to purchase this equipment were approved by City Council on March 16, 2021, which originated from the parking reserves fund, established March 19, 2013. The expenses and revenues will be reflected in the Airport's FY2022 budget. There will be minimum impact to FY2021 budget, other than additional revenue. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35040 — Facilities Mission Element: 271 Project # (CIP Only): N/A Account: 530210 RECOMMENDATION: The CCIA airport advisory board passed a motion on April 21 recommending City Council approval of the action item. Airport staff recommends entering into the service agreement with HUB Parking Technology USA. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Service Agreement Resolution authorizing a two-year service agreement with HUB Parking Technology USA, Inc. of Houston, Texas, in an amount of $170,517.93 for installation and upgrade of the Parking Operations DataPark equipment at the Corpus Christi International Airport, effective upon issuance of a notice to proceed, with FY 2021 funding available in the Airport Fund. WHEREAS, HUB Parking Technology USA, Inc. will provide upgrades and replacements of the Parking Operations DataPark equipment at the Aviation Department; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve of protect the public health and safety of the City's residents; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for provide upgrades and replacements of the Parking Operations DataPark equipment from HUB Parking Technology USA, Inc. of Houston, Texas, for an amount not to exceed $170,517.93. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Parking Operations Upgrade & Replacement at CCIA Sole Source HUB Parking Technology USA, Inc. Houston, TX Item Description Qty Cost Total 1 JMS Upgrade 1 $5,800.00 $5,800.00 2 LPR Software 1 $5,342.40 $5,342.40 3 Service and UPS 1 $10,040.18 $10,040.18 4 LPR Server 1 $4,293.33 $4,293.33 5 Automatic Pay Station Datapark 3 $19,410.55 $58,231 .65 6 Automatic Pay Station Datapark 2 $18,373.05 $36,746.10 7 LPR Lane Cameras 9 $2,991 .67 $26,925.03 8 Vehicle Detection Parts 1 $3,155.67 $3,155.67 9 LPR Pole Mount Assembly 1 $2,553.60 $2,553.60 10 LPR Mounts 9 $333.33 $2,999.97 11 Misc. Parts 1 $1 ,000.00 $1 ,000.00 12 HUB USA Activities 1 $13,430.00 $13,430.00 Total $170,517.93 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E .CUs cr, ©� a SERVICE AGREEMENT NO. 3596 U Parking Operations Upgrade and Replacement at CCIA ya er p R n14O 1852 THIS Parking Operations Upgrade and Replacement at CCIA Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and HUB Parking Technology USA, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Parking Operations Upgrade and Replacement at CCIA in response to Request for Bid/Proposal No. Sole Source 3596 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Parking Operations Upgrade and Replacement at CCIA ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. 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 prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $170,517.93, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form-Airport Page 1 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 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: Albert Bejarano Aviation Department 361 .289.0171 x 1229 AlbertBCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form-Airport Page 2 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form-Airport Page 3 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable,within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Albert Bejarano Operations Manager 1000 International Drive, Corpus Christi, TX 78408 Phone: 361 .289.0171 x 1229 Fax: n/a IF TO CONTRACTOR: HUB Parking Technology USA, Inc. Attn: Lee Johnson Regional Account Manager 15454 Runswick Drive, Houston, TX 77062 Phone: 713.858.2044 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF Service Agreement Standard Form-Airport Page 4 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. Service Agreement Standard Form-Airport Page 5 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. 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. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 25. Governing Law. Contractor 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form-Airport Page 6 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form-Airport Page 7 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E CONTRACTOR ocuSigned by: Signature: FZL bnw,& F1F5C28723C64DC... Printed Name: Mike Brunette Title: Director Date: 4/16/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. Sole Source 3596 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Airport Page 8 of 8 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Attachment A: Scope of Work 1 . Contractor shall upgrade the Point of Sale systems and add LPR software which will require a new service (with a lockable cabinet), and a backup power source (UPS). 2. The Contractor shall install "pay on foot" kiosks, allowing customers to pay for their parking (touchless) while waiting on their bags or walking across the crosswalk into the parking lot. These kiosks will accept credit cards, debit cards, apple pay, QR codes and cash. Additional devices will be installed at the exit plaza so customers can pay at the location as well. 3. Contractor shall install nine license plate readers (LPR)'s at all entrance lanes and exit lanes to track vehicles entrance and exits. This helps in many ways to include: A. Know the lot count and can update in real time on the website. B. Enter the license plates for monthly parkers, purple heart recipients, city officials, and others. C. If tickets are lost, will be able to track when customer entered the lot so they can be charged accurately. D. Able to send the owner of the vehicle a bill to be paid later. E. Able to tow vehicles abandoned in the lot; receive alerts after 30 days so try and contact the owner. 4. Warranty for on-going training for two years. Two-year warranty for all parts. Page 1 of 1 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Parking TeL QTC-4986 Quote Details Sold To Ship To Bill To Corpus Christi International Airport Corpus Christi Airport Corpus Christi Airport 1000 International Drive 1000 International Drive 1000 International Drive Corpus Christi,Texas 78406 Corpus Christi,Texas 78406 Corpus Christi,Texas 78406 USA USA USA Billing Terms Payment Terms Valid Through 50-40-10 Net 30 Days May 3,2021 NOTES:Tax and shipping not included Solution Summary Product Quantity Price(USD) JMS Upgrade 1 5,800.00 LPR Software 1 5,342.40 Server and UPS 1 10,040.18 LPR Server 1 4,293.33 Automatic Pay Station Datapark 3 58,231.65 Automatic Pay Station Datapark 2 36,746.10 LPR Lane Cameras 9 26,925.03 Vehicle Detection parts 1 3,155.67 LPR Pole mount assembly(8,one for 2 lanes) 1 2,553.60 LPR Mounts 9 2,999.97 Misc Parts 1 1,000.00 HUB USA activities 1 13,430.00 THE PRICE 170,517.93 Shipping Terms Taxes FOB HUB Parking-Warrendale PA 15086 Tax not included APPROVED APPROVED Authorized Signature Date Authorized Signature Date Name Title Name Title Quote Number: QTC-4986 Date Issued: 3-Mar-2021 CONFIDENTIAL(IFAPPLICABLE) Valid Through: 3-May-2021 Solution Details—Page 1 Page 1 of 5 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Parking TeL Solution Details JMS Upgrade Product Description Qty Price(USD) PRJ-PROD-JMS Upgrade 1 5,800.00 JMS Upgrade Options Qty Option Description 1 PRJ_SOFTWARE JMS Upgrade LPR Software Product Description Qty Price(USD) 2500.100000-Janus Management System 1 5,342.40 LPR Software Options Qty Option Description 1 2500.000031 LPR-Size S(until 5 cameras) 4 2500.000032 LPR-Size M over 5 cameras Server and UPS Product Description Qty Price(USD) USA-SERVER-WORK-Server and UPS 1 10,040.18 Server and UPS Options Qty Option Description 1 02.800245 Poweredge T340 Tower Server Or equivalent,MS Server 2016,32GB Ram,8 x 1TB SATA 7200 Drives Configured for 2 x Raid 10,Wired Keyboard and Mouse 1 228-11135 Microsoft SQL Standard Server 2017 Open 1 SMART120OLCD SmartPro LCD 120V 1200VA 70OW Line-Interactive UPS,AVR,2U Rack/Tower,LCD,USB,DB9 Serial,8 Outlets 1 SRW12US33 TRIPP LITE 12U WALL MOUNT RACK ENCLOSURE,33" Dee LPR Server Product Description Qty Price(USD) PRJ-PROD- LPR Server 1 4,293.33 LPR Server Options Qty Option Description 1 PRJ_ELECTRONIC LPR Server Automatic Pay Station Datapark Product Description Qty Price(USD) APMDP1 Automatic Pay Station Datapark 3 58,231.65 Automatic Pay Station Datapark Options Qty Option Description 1 135.G90002 UBA Cash Box 500 notes,Type 128680 1 APMDP100001 MAG Magnetic ticket type 1 APMDP111003 Color LCD 6,4" 1 APMDP121012 Receipt Printer Hengstler X-56 1 APMDP161002 Overlay Panel standard 1 APMDP181007 110VPower Supply DP7PSU 1 APMDP185002 TCP/IP 1 APMDP201006 Intercom mounting kit 1 APMDP211004 Prepared for built-in Proximijy Reader Quote Number: QTC-4986 Date Issued: 3-Mar-2021 CONFIDENTIAL(IFAPPLICABLE) Valid Through: 3-May-2021 Solution Details—Page 1 Page 2 of 5 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Parking TeL 1 APMDP231003 Intercom Button 1 APMDP231004 Cancel Button 1 APMDP231006 Language Button 1 APMDP231008 Receipt Button 1 APMDP251000B No coin acceptance 1 APMDP261001 B UBA10-SS 500 notes Bill Validator 1 APMDP271001 B Magtek Credit Card Insertion Reader 1 APMDP291001B Fujitsu 2-bill dispenser 1 APMDP301001 2D scan Honeywell 3310g under f.panel 1 APMDP311001 Voice Announcer 1 APMDP321000 No IP Camera 1 APMDP331005CPQ Front door 1 APMDP351000B No Coin Dispenser 1 APMDP381002 DP591 1 APMDP420000 No Plinth 1 APMDP430001 Blepark 1 APMDPLNG1 Language 1 English(US) 1 APMDPLNG2 Language 2 English(US) 1 APMDPLNG3 Language 3 English(US) 1 APMDPLNG4 Language 4 English(US) 1 APMDPTICKET1 MagHead-2 way magstripe reading UP, 1 D Barcode reading;PrintHead-single feeder 1 APMDP-HOUSING Housing color RAL 9006 Light grey 1 APMDP-TOP Top and bottom color RAL 7021 Dark grey Automatic Pay Station Datapark Product Description Qty Price(USD) APMDP1 Automatic Pay Station Datapark 2 36,746.10 Automatic Pay Station Datapark Options Qty Option Description 1 02.800007 Digital Intercom Station with microphone,speaker and two output relays.Built in web server for easy configuration.VOIP technology. 1 APMDP100001 MAG Magnetic ticket type 1 APMDP111003 Color LCD 6,4" 1 APMDP121012 Receipt Printer Hengstler X-56 1 APMDP161002 Overlay Panel standard 1 APMDP181007 110VPower Supply DP7PSU 1 APMDP185002 TCP/IP 1 APMDP201000 No intercom (without cut on overlay) 1 APMDP211000 No Proximity 1 APMDP231003 Intercom Button 1 APMDP231004 Cancel Button 1 APMDP231008 Receipt Button 1 APMDP251000B No coin acceptance 1 APMDP261001 B UBA10-SS 500 notes Bill Validator 1 APMDP271001 B Magtek Credit Card Insertion Reader 1 APMDP291001B Fujitsu 2-bill dispenser 1 APMDP301001 2D scan Honeywell 3310g under f.panel 1 APMDP311001 Voice Announcer 1 APMDP321000 No IP Camera 1 APMDP331005CPQ Front door 1 APMDP351000B No Coin Dispenser 1 APMDP420001CPQ 50 mm 1 APMDP430001 Blepark 1 APMDPLNG1 Language 1 English(US) 1 APMDPLNG2 Language 2 English US Quote Number: QTC-4986 Date Issued: 3-Mar-2021 CONFIDENTIAL(IFAPPLICABLE) Valid Through: 3-May-2021 Solution Details—Page 2 Page 3 of 5 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Parking TeL 1 APMDPLNG3 Language 3 English(US) 1 APMDPLNG4 Language 4 English(US) 1 APMDPTICKET1 MagHead-2 way magstripe reading UP, 1 D Barcode reading;PrintHead-single feeder 1 APMDP-HOUSING Housing color RAL 9006 Light grey 1 APMDP-TOP Top and bottom color RAL 7021 Dark grey LPR Lane Cameras Product Description Qty Price(USD) PRJ-PROD- Project parts 9 26,925.03 LPR Lane Cameras Options Qty Option Description 1 PRJ ELECTRONIC N70 IR camera 1 PRJ-ELECTRONIC N70 White light camera 1 PRJ ELECTRONIC Lane controller Vehicle Detection parts Product Description Qty Price(USD) USA-INSTAL-VEHICLE-Vehicle Detection 1 31155.67 parts Vehicle Detection parts Options Qty Option Description 9 AX2-4-1C-N0 Reno AX2-4-1C-NO Loop Detector 9 PROSERV Vehicle Detection Loo -cut coil and seal. LPR Pole mount assembly(8, one for 2 lanes) Product Description Qty Price(USD) USA-PEDESTAL-Pedestals/Bollards 1 2,553.60 LPR Pole mount assembly(8,one for 2 lanes)Options Qty Option Description _ 8 SP-1116-FL-AD-PNC PELCO Pole Base assy. LPR Mounts Product Description Qty Price(USD) PRJ-PROD- LPR Mounts 9 2,999.97 LPR Mounts Options Qty Option Description 1 PRJ ELECTRONIC LPR mount Misc Parts Product Description Qty Price(USD) PRJ-PROD- Misc Parts 1 1,000.00 Misc Parts Options Qty Option Description 1 PRJ ELECTRONIC Misc parts HUB USA activities Product Description Qty Price(USD) USA-INT-SERVICES- HUB USA activities 1 13,430.00 Quote Number: QTC-4986 Date Issued: 3-Mar-2021 CONFIDENTIAL(IFAPPLICABLE) Valid Through: 3-May-2021 Solution Details—Page 3 Page 4 of 5 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Parking Teo, H HUB USA activities Options Qty Option Description 11 INSTALLATION_HUB On Site Installation 1 PRJ MGMT Project Management Quote Number: QTC-4986 Date Issued: 3-Mar-2021 CONFIDENTIAL(IFAPPLICABLE) Valid Through: 3-May-2021 Solution Details—Page 4 Page 5 of 5 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE ERRORS & OMMISSIONS $1 ,000,000 Per Occurrence $1,000,000 Aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Page 1 of 3 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-B IT Contracts - Software Support, Configuration, Implementation or Maintenance-Hardware Installation 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Attachment D: Warranty Requirements 1 . Two-year warranty on all parts. 2. Two-year warranty ongoing training. Page 1 of 1 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E ATTACHMENT E: FEDERAL REQUIREMENTS Contents 1. ACCESS TO RECORDS AND REPORTS. (Reference:2 CFR §200.326, 2 CFR§200.333, FAA Order 5100.38).......2 2. AFFIRMATIVE ACTION REQUIREMENT. (Reference:41 CFR part 60-4, Executive Order 11246)........................3 3. BREACH OF CONTRACT TERMS. (Reference 2 CFR§200 Appendix II(A))............................................................5 4. BUY AMERICAN PREFERENCE. (Reference 49 USC§ 50101)................................................................................6 5. CIVIL RIGHTS-GENERAL. (Reference:49 USC§47123)....................................................................................12 6. CIVIL RIGHTS—TITLE VI ASSURANCES.................................................................................................................13 7. CLEAN AIR AND WATER POLLUTION CONTROL. (Reference:49 CFR§ 18.36(i)(12)) Note,when the DOT adopts 2 CFR 200,this reference will change to 2 CFR§200 Appendix II(G))....................................................17 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS. (Reference: 2 CFR§200 AppendixII (E))....................................................................................................................................................18 9. COPELAND "ANTI-KICKBACK"ACT(Reference: 2 CFR §200 Appendix II(D), 29 CFR parts 3&5)......................20 10. DAVIS-BACON REQUIREMENTS. (Reference: 2 CFR§ 200 Appendix II(D)) .......................................................21 11. DEBARMENT AND SUSPENSION (NON-PROCUREMENT). (Reference: 2 CFR part 180(Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures& Ineligibility) ........................................33 12. DISADVANTAGED BUSINESS ENTERPRISE. (Reference:49 CFR part 26)............................................................34 13. DISTRACTED DRIVING. (Reference Executive Order 13513, DOT Order 3902.10)............................................35 14. ENERGY CONSERVATION REQUIREMENTS. (Reference 2 CFR§200 Appendix II(H)) .......................................36 15. EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS. (Reference 41 CFR§60-1.4, Executive Order 11246)...37 16. FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) (Reference: 29 USC§ 201,et seq.)........44 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 20,Appendix A).....................45 18. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970(Reference 20 CFR part 1910)..........................................46 19. PROHIBITION OF SEGREGATED FACILITIES. (Reference:41 CFR§60-1.8).........................................................47 20. PROCUREMENT OF RECOVERED MATERIALS. (Reference 2 CFR§ 200.322,40 CFR part 247,Solid Waste DisposalAct).......................................................................................................................................................48 21. RIGHT TO INVENTIONS. (Reference 2 CFR§200 Appendix II(F))........................................................................49 22. TAX DELINQUENCY AND FELONY CONVICTIONS. (Reference Consolidated Appropriations Act, 2014(Pub. L. 113-76), DOT Order 4200.6)...............................................................................................................................50 23. TERMINATION OF CONTRACT. (Reference 2 CFR§200 Appendix II(B))...........................................................51 24. TRADE RESTRICTION CERTIFICATION. (Reference 49 USC§ 50104,49 CFR part 30)........................................53 25. VETERAN'S PREFERENCE (Reference:49 USC§47112(c)).................................................................................55 Required Provisions Page 1 Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 1. ACCESS TO RECORDS AND REPORTS. (Reference: 2 CFR § 200.326, 2 CFR § 200.333, FAA Order 5100.38) 1.1. APPLICABILITY. Applies to all AIP-funded projects and must be included in all contracts and subcontracts. 1.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on Alp funded project contracts is as follows: ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system.The Contractor agrees to provide the Sponsor,the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions.The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Required Provisions Page 2 Access to Records Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 2. AFFIRMATIVE ACTION REQUIREMENT. (Reference: 41 CFR part 60-4, Executive Order 11246) 2.1. APPLICABILITY. Incorporate in all AIP-funded construction contracts and subcontracts that exceed $10,000. This notice must be placed within the solicitation for proposals. The goals for minority participation are dependent upon the Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA). Refer to Volume 45 of the Federal Register dated 10/3/80. Page 65984 contains a table of all EA and SMSA and their associated minority goals. Executive Order 11246 has set a goal of 6.9%nationally for female participation for all construction contractors. 2.2. MANDATORY CONTRACT LANGUAGE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1.The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2.The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables A. Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80) B. Goals for female participation in each trade (6.9%) These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor is also subject to the goals for both federally funded and non-federally funded construction regardless of the percentage of federal participation in funding. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals.The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.The transfer of minority or female employees or trainees from contractor to contractor or from project to project,for the sole purpose of meeting the contractor's goals, shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. Required Provisions Page 3 Affirmative Action Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 3. The contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs (OFCCP),within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation,the "covered area" is Corpus Christi, Nueces County,Texas. 2.3. AFFIRMATIVE ACTION PLAN. The Department of Labor is responsible for administering the Executive Order 11246,which contains requirements for an Affirmative Action Plan. This Plan is similar in content and requirements to the affirmative action plan required in 49 CFR Part 152 subpart e. 49 CFR Part 152 applied to grants issued under the Airport Development Aid Program,which was replaced by the Airport Improvement Program. Required Provisions Page 4 Affirmative Action Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 3. BREACH OF CONTRACT TERMS. (Reference 2 CFR § 200 Appendix II(A)) 3.1. APPLICABILITY. This provision is required in all contracts that exceed the simplified acquisition threshold.This threshold, fixed at 41 USC 403(11), is presently set at$150,000. 3.2. MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 2 CFR§ 200 Appendix II(A).This provision requires grantees to incorporate administrative, contractual or legal remedies in instances where contractors violate or breach contract terms. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract.The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Required Provisions Page 5 Breach of Contract Terms Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 4. BUY AMERICAN PREFERENCE. (Reference 49 USC § 50101) 4.1. APPLICABILITY. The Buy American Preference requirement in 49 USC§50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States.The statute gives the FAA the ability to issue a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions. A sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that: 1) Applying the provision is not in the public interest; 2)The steel or manufactured goods are not available in sufficient quantity or quality in the United States; 3)The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment, and final assembly has taken place in the United States. Items that have an FAA standard specification item number(such as specific airport lighting equipment) are considered the equipment. 4) Applying this provision would increase the cost of the overall project by more than 25 percent. Timing of Waiver Requests. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver requests before issuing a solicitation for bids or a request for proposal for a project. The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract.The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist.The FAA cannot review waiver requests with incomplete information. Sponsors must assess the adequacy of the waiver request and associated information prior to forwarding a waiver request to the FAA for action. Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has received a nationwide waiver from the Buy American Preference requirements or that fully meet the Buy American requirements.The Nationwide Buy American Waiver List is available online at www.faa.gov/airports/aip/buy_american/. Products listed on the Buy American Conformance list do not require additional submittal of domestic content information under a project specific Buy American Preference waiver. Facility Waiver Requests. For construction of a facility,the sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings,terminal renovation, and snow removal equipment buildings. Contract Types RequireCt Provisions rage 6 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Construction and Equipment—The sponsor must meet the Buy American Preference requirements of 49 USC§50101 for all AIP funded projects that require steel or manufactured goods.The Buy America requirements flow down from the sponsor to first tier contractors,who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance. Note:The Buy American Preference does not apply to equipment a contractor uses as a tool of its trade and which does not remain as part of the project. Professional Services—Professional service agreements (PSAs) do not normally result in a deliverable that meets the definition of a manufactured product. However,the emergence of various project delivery methods has created situations where task deliverables under a PSA may include a manufactured product. If a PSA includes providing a manufactured good as a deliverable under the contract, the sponsor must include the Buy American Preference provision in the agreement. Property—Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example,the installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under an AIP funded land project that must comply with Buy American Preferences. 4.2. REQUIREMENTS. No mandatory language provided.The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language,the sponsor's revised language must fully comply with 49 USC§50101. There are two types of Buy American certifications.The sponsor must incorporate the appropriate "Certificate of Buy America Compliance" in the solicitation: • Projects for a facility (buildings such as terminals, snow removal equipment(SRE) buildings, aircraft rescue and firefighting (ARFF) buildings, etc.)—Insert the Certificate of Compliance Based on Total Facility. • Projects for non-facility development(non-building construction projects such as runway or roadway construction or equipment acquisition projects)—Insert the Certificate of Compliance Based on Equipment and Materials Used on the Project. 4.3. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows: BUY AMERICAN CERTIFICATION The contractor agrees to comply with 49 USC§50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the Required Provisions Page 7 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E United States, unless the FAA has issued a waiver for the product;the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below)with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. Type of Certification is based on Type of Project: There are two types of Buy American certifications. • For projects for a facility,the Certificate of Compliance Based on Total Facility(Terminal or Building Project) must be submitted. • For all other projects,the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non-building construction projects such as runway or roadway construction; or equipment acquisition projects) must be submitted. Certificate of Buy American Compliance for Total Facility (Buildings such as Terminal, SRE, ARFF, etc.) As a matter of bid responsiveness,the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC§50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(i.e. not both) by inserting a checkmark(✓) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products 3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC§50101(a) but may qualify for either a Type 3 or Type 4 waiver under Required Provisions Page 8 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 49 USC§50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may results in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver-The cost of components and subcomponents produced in the United States is more that 60%of the cost of all components and subcomponents of the "facility".The required documentation for a type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total "facility" component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%.The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC§47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Required Provisions Page 9 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Company Name Title Certificate of Buy American Compliance for Manufactured Products (Non-building construction projects, equipment acquisition projects) As a matter of bid responsiveness,the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC§50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(not both) by inserting a checkmark(✓) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC§50101 by: a) Only installing steel and manufactured products produced in the United States,or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC§50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC§50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. Required Provisions Page 10 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60%of the cost of all components and subcomponents of the "item".The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%.The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC§47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title Required Provisions Page 11 Buy American Preference Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 5. CIVIL RIGHTS- GENERAL. (Reference: 49 USC§ 47123) 5.1. APPLICABILITY. The General Civil Rights Provisions found in 49 USC§47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all AIP-funded projects. This provision is in addition to the Civil Rights-Title VI provisions. 5.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on AIP funded project contracts is as follows: GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Required Provisions Page 12 Civil Rights- General Civil Rights Provision Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 6. CIVIL RIGHTS-TITLE VI ASSURANCES. Appropriate clauses from the Standard DOT Title VI Assurances must be included in all contracts and solicitations. The clauses are as follows: 1) Title VI Solicitation Notice 2) Title VI Clauses for Compliance with Nondiscrimination Requirements. 3) Title VI List Of Pertinent Nondiscrimination Statutes And Authorities 6.1. APPLICABILITY. The sponsor must insert the Title VI Solicitation Notice in: 1) All solicitations for bids, requests for proposals work, or material subject to the nondiscrimination acts and regulations made in connection with Airport Improvement Program grants; and 2) All proposals for negotiated agreements regardless of funding source The Sponsor must insert the Title VI required contract clause and the Title VI list of Pertinent Nondiscrimination Statutes and Authorities in every contract or agreement, unless the sponsor has determined and the FAA has agreed,that the contract or agreement is not subject to the nondiscrimination Acts and the Regulations. The sponsor must insert the clauses of Title VI Clauses for Deeds Transferring United States Property, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. The sponsor must include the Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, Or Program,the Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program, and the Title VI List of Pertinent Nondiscrimination Authorities, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the sponsor with other parties: 1) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 2) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 6.2. MANDATORY CONTRACT LANGUAGE. 6.2.1. Title VI Solicitation Notice (Source: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) Required Provisions Page 13 Civil Rights-Title VI Assurances Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Title VI Solicitation Notice: The City of Corpus Christi, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 6.2.2. Title VI Clauses for Compliance with Nondiscrimination Requirements (Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) Compliance with Nondiscrimination Requirements During the performance of this contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the Required Provisions Page 14 Civil Rights—Title VI Assurances Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6.2.3. Title VI List of Pertinent Nondiscrimination Authorities (Source: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) During the performance of this contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Required Provisions Page 15 Civil Rights-Title VI Assurances Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Required Provisions Page 16 Civil Rights—Title VI Assurances Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 7. CLEAN AIR AND WATER POLLUTION CONTROL. (Reference: 49 CFR § 18.36(i)(12)) Note, when the DOT adopts 2 CFR 200, this reference will change to 2 CFR § 200 Appendix II(G)) 7.1. APPLICABILITY. Incorporate in all professional service agreements, construction contracts and subcontracts that exceed $150,000. (Note that the 2 CFR 200 will raise this level to$150,000) 7.2. MANDATORY CONTRACT LANGUAGE. CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC§740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387).The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency(EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds$150,000. Required Provisions Page 17 Clean Air and Water Pollution Control Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS. (Reference: 2 CFR§ 200 Appendix II (E)) 8.1. APPLICABILITY. Incorporate in all professional service agreements, construction contracts and subcontracts that exceed $100,000. 8.2. MANDATORY CONTRACT LANGUAGE. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. Required Provisions Page 18 Contract Workhours and Safety Standards Act Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. Required Provisions Page 19 Contract Workhours and Safety Standards Act Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 9. COPELAND "ANTI-KICKBACK"ACT (Reference: 2 CFR § 200 Appendix II(D), 29 CFR parts 3 & 5) 9.1. APPLICABILITY. Incorporate into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program. 9.2. MANDATORY CONTRACT LANGUAGE. Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled.The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. Required Provisions Page 20 Copeland"Anti-Kickback"Act Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 10. DAVIS-BACON REQUIREMENTS. (Reference: 2 CFR § 200 Appendix II(D)) 10.1. APPLICABILITY. Incorporate into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program. 10.2. MANDATORY CONTRACT LANGUAGE. The mandatory language is as follows: DAVIS-BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classification and wage rates conformed under(1)(ii) of this section) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an Required Provisions Page 21 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B)or(C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Required Provisions Page 22 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract,the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be,for transmission to the Federal Aviation Administration.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. ,the last four digits of the employee's social security number).The required weekly Required Provisions Page 23 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.govlesalwhd/formslwh347instr.htm or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit them to the applicant, sponsor, or owner, as the case may be,for transmission to the Federal Aviation Administration,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the sponsoring government agency(or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under 29 CFR §5.5(a)(3)(ii),the appropriate information is being maintained under 29 CFR§5.5 (a)(3)(i) and that such information is correct and complete; (2)That each laborer and mechanic(including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph (3)(i)of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to Required Provisions Page 24 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E submit the required records or to make them available,the Federal agency may, after written notice to the contractor, sponsor, applicant or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on Required Provisions Page 25 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Required Provisions Page 26 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 8. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency,the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Required Provisions Page 27 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E "General Decision Number: TX20210288 01/01/2021 Superseded General Decision Number: TX20200288 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 ---------------------------------------------------------------- * SLECO278-002 03/20/2020 Rates Fringes ELECTRICIAN......................$ 26.25 8.24 ---------------------------------------------------------------- * ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.............$ 32.85 13.10 (2) Cranes with Pile Required Provisions Page 28 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 32.35 13.10 ---------------------------------------------------------------- * IRONOO84-011 06/01/2020 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 25.26 7.13 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.04 0.00 CARPENTER........................$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER, STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 12.70 0.00 PAINTER (Brush, Roller, and Required Provisions Page 29 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 3anuary 1, 2017. If this contract is covered by the E0, the contractor must provide employees with i hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular Required Provisions Page 30 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- Required Provisions Page 31 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION Required Provisions Page 32 Davis Bacon Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 11. DEBARMENT AND SUSPENSION (NON-PROCUREMENT). (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) 11.1. APPLICABILITY. The contract agreement that ultimately results from this solicitation is a "covered transaction" as defined by Title 2 CFR Part 180. Bidder must certify at the time they submit their proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. The bidder with the successful bid further agrees to comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds$25,000 as a "covered transaction". Incorporate in all contracts and subcontracts that exceed $25,000. 11.2. MANDATORY CONTRACT LANGUAGE. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds$25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction,the FAA may pursue any available remedy, including suspension and debarment. Required Provisions Page 33 Debarment and Suspension Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 12. DISADVANTAGED BUSINESS ENTERPRISE. (Reference: 49 CFR part 26) 12.1. APPLICABILITY. The Disadvantaged Business Enterprise requirements found in 49 CFR part 26, apply to all AIP-funded projects and must be included in all contracts and subcontracts. This includes both project with contract goals and project relying on race/gender neutral means. 12.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on Alp funded project contracts is as follows. Other than to insert appropriate Sponsor information into the noted spaces,the Sponsor must not modify these contract clauses: DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance(§26.13) -The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment(§26.29)-The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the City.The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City.This clause applies to both DBE and non-DBE subcontractors. Required Provisions Page 34 Energy Conservation Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 13. DISTRACTED DRIVING. (Reference Executive Order 13513, DOT Order 3902.10) 13.1. APPLICABILITY. The FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. Contract Types—Sponsors must insert this provision in all AIP funded contracts that exceed the micro- purchase threshold of 2 CFR§200.67 (currently set at$3,500). Use of Provision—No mandatory text provided.The following language is acceptable to the FAA in meeting the intent of this requirement. If the sponsor uses different language,the sponsor's revised language must fully satisfy these requirements. 13.2. CONTRACT CLAUSE. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. Required Provisions Page 35 Energy Conservation Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 14. ENERGY CONSERVATION REQUIREMENTS. (Reference 2 CFR § 200 Appendix II(H)) 14.1. APPLICABILITY. The Energy Conservation Requirements found in 2 CFR § 200 Appendix II(H), apply to all AIP-funded construction and equipment projects and must be included in all contracts and subcontracts. 14.2. MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 2 CFR§ 200 Appendix II(H): ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC 6201et seq). Required Provisions Page 36 Energy Conservation Requirements Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 15. EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS. (Reference 41 CFR § 60-1.4, Executive Order 11246) 15.1. APPLICABILITY. The purpose of this provision is to provide equal opportunity for all persons,without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally assisted construction contract.There are two provisions — a construction clause and a specification clause. The equal opportunity contract clause must be included in any contract or subcontract when the amount exceeds$10,000. Once the equal opportunity clause is determined to be applicable,the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract. 15.2. MANDATORY CONTRACT LANGUAGE. 41 CFR §60-1.4 provides the mandatory contract language, but allows such necessary changes in language to be made to identify properly the parties and their undertakings. 41 CFR §60-4.3 provides the mandatory specifications. EQUAL OPPORTUNITY CLAUSE EQUAL OPPORTUNITY CLAUSE During the performance of this contract,the Contractor agrees as follows: (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to,the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3)The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section Required Provisions Page 37 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5)The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs(OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S.Treasury Department Form 941; Required Provisions Page 38 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E d. "Minority" includes: (1) Black(all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic(all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4.The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. Required Provisions Page 39 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7.The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible,will assign two or more women to each construction project.The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor,this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship Required Provisions Page 40 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written,to minority,female, and community organizations,to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel,for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. Required Provisions Page 41 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E m. Ensure that seniority practices,job classifications,work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association,joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,)the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10.The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension,termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Required Provisions Page 42 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13.The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order,the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 14.The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee,the name, address,telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice,trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Required Provisions Page 43 Equal Opportunity Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 16. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 USC§ 201, et seq.) 16.1. APPLICABILITY. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA)which is administered by the United States Department of Labor Wage and Hour Division. All contracts and subcontracts must meet comply with the FLSA, including the recordkeeping standards of the Act. 16.2. MANDATORY CONTRACT LANGUAGE. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation.The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. Required Provisions Page 44 Federal Minimum Wage Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (Reference: 49 CFR part 20,Appendix A) 17.1. APPLICABILITY. The Lobbying and Influencing Federal Employees prohibition found in 49 CFR part 20,Appendix A, applies to all AIP-funded projects and must be included in all contracts and subcontracts. 17.2. MANDATORY CONTRACT LANGUAGE. The mandatory language that must be used on contracts is as follows: CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Required Provisions Page 45 Lobbying and Influencing Federal Employees Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 18. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 1910) 18.1. APPLICABILITY. The United States Department of Labor Occupational Safety& Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from the Occupational Safety and Health Act of 1970. All contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970. 18.2. MANDATORY CONTRACT LANGUAGE. All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. Required Provisions Page 46 OSHA Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 19. PROHIBITION OF SEGREGATED FACILITIES. (Reference: 41 CFR § 60-1.8) 19.1. APPLICABILITY. Incorporate in all construction contracts and subcontracts that exceed $10,000. The notices must be placed within the solicitation for proposals. The actual certification must be incorporated in the contract agreement. 19.2. MANDATORY CONTRACT LANGUAGE. PROHIBITION OF SEGREGATED FACILITIES (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas,time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom.The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. Required Provisions Page 47 OSHA Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 20. PROCUREMENT OF RECOVERED MATERIALS. (Reference 2 CFR§ 200.322,40 CFR part 247, Solid Waste Disposal Act) 20.1. APPLICABILITY. Include this provision in all construction and equipment projects. 20.2. MANDATORY CONTRACT LANGUAGE. PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable,the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency(EPA) under 40 CFR Part 247 whenever: The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Required Provisions Page 48 OSHA Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 21. RIGHT TO INVENTIONS. (Reference 2 CFR § 200 Appendix II(F)) 21.1. APPLICABILITY. The requirement for rights to inventions and materials found in 2 CFR§ 200 Appendix II(F) applies to all AIP-funded projects and must be included in all contracts and subcontracts. 21.2. MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 2 CFR§ 200 Appendix II(F). RIGHTS TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements.This contract incorporates by reference the patent and inventions rights as specified within 37 CFR§401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work. Required Provisions Page 49 Rights to Inventions Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 22. TAX DELINQUENCY AND FELONY CONVICTIONS. (Reference Consolidated Appropriations Act, 2014(Pub. L. 113-76), DOT Order 4200.6) 22.1. APPLICABILITY. This provision applies to all contracts funded in whole or part with AIR 22.2. MANDATORY CONTRACT LANGUAGE. CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements.The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (0) in the space following the applicable response.The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications The applicant represents that it is (_) is not (_) a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.The applicant represents that it is (_) is not(_) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations,the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO)that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests.The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. §3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Required Provisions Page 50 Rights to Inventions Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 23. TERMINATION OF CONTRACT. (Reference 2 CFR § 200 Appendix II(B)) 23.1. APPLICABILITY. Incorporate in all contracts and subcontracts that exceed $10,000. 23.2. MANDATORY CONTRACT LANGUAGE. TERMINATION FOR DEFAULT (CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: 1. completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; Required Provisions Page 51 Termination of Contract Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 2. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; 3. reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4. reasonable and substantiated expenses to the Contractor directly attributable to Owner's termination action. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. Required Provisions Page 52 Termination of Contract Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 24. TRADE RESTRICTION CERTIFICATION. (Reference 49 USC§50104, 49 CFR part 30) 24.1. APPLICABILITY. The trade restriction certification and clause applies to all Alp funded projects. 24.2. MANDATORY CONTRACT LANGUAGE. TRADE RESTRICTION CERTIFICATION By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror— 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S.firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S.firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances.The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1)who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S.firms published by the USTR or 2)whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or Required Provisions Page 53 Termination of Contract Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 3)who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,the certification required by this provision.The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts.The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Required Provisions Page 54 Termination of Contract Updated February 3, 2021 DocuSign Envelope ID: FD064CDD-ECAC-40AE-AO31-1 DB8E9DC821 E 25. VETERAN'S PREFERENCE (Reference: 49 USC§ 47112(c)) 25.1. APPLICABILITY. The Veteran's preference clause found in 49 USC§47112(c)applies to all AIP-funded projects and must be included in all contracts and subcontracts that involve labor 25.2. MANDATORY CONTRACT LANGUAGE. The regulation does not prescribe mandatory language, however the following clause represents sample language that meets the intent of 49 USC§47112(c) is as follows: VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions),the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Required Provisions Page 55 Veteran's Preference Updated February 3, 2021 �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of May 11, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Kevin Smith, Director of Aviation kevi ns4(a)cctexas.com (361) 289-0171 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Construction Contract CCIA TSA SECURITY EQUIPMENT CONSOLIDATION CAPTION: Ordinance awarding a construction contract to Teal Construction, Inc., Corpus Christi, Texas, for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation Project to relocate the existing TSA baggage screening equipment, in an amount of $564,202.00 and appropriating funds from the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES) Act and amending the FY 2020-2021 budget by increasing revenues and expenditures. SUMMARY: This item awards a construction contract for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation. The project scope consists of relocating TSA baggage screening equipment that is currently in a public area. The work includes relocating security equipment and electrical panels, including upgrading interior and exterior finishes. The design includes windstorm rated and ADA improvements to the TSA baggage area to meet requirements. BACKGROUND AND FINDINGS: The Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi. The airport is located within the City Limits of Corpus Christi, Nueces County. CCIA has direct regional access from State Highway 44 and is five miles west of the Corpus Christi Central Business District. The airport enplanes more than 340,000 passengers annually and experiences over 100,000 annual aircraft operations each year. Due to the high passenger traffic in the area and increasing concerns due to the COVID-19 pandemic, CCIA deems it necessary to relocate the TSA baggage area. The relocation of the TSA equipment will allow for additional space for increased social distancing in the front lobby and provide ample space to allow passengers to distance out and walk around while they wait to check in and receive their flight boarding passes. The improvements include, but are not limited to, relocation or disposal of existing equipment, demolition of existing check-in counter millwork, salvage, and storage of existing exterior rollup door and installation of diffusers as required for new fixtures. Doors and draft curtain openings improvements to meet TSA and ADA compliance requirements. Electrical work includes capping where applicable, storage or disposal of lights, new LED lighting and switches, and installation of new electrical circuits for baggage equipment. This will extend service from existing check-in counter to the new baggage equipment location. The project also includes interior and exterior finishing's to include masonry that matches existing exterior masonry wall including gypsum board, tape/float/texture/paint, floor cleanup and repair. The department has chosen to leave the existing concrete floor unfinished and have an exposed, industrial ceiling. This project will be funded through the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES) Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic. PROJECT TIMELINE: 1 May — August Construction Project schedule reflects City Council award in May 2021 with anticipated completion by August 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on February 4, 2021. The City received bids from two bidders. The City analyzed the bids in accordance with the contract documents on March 17, 2021 and determined Teal Construction, Inc. is the lowest responsive and responsible bidder. BID SUMMARY CONTRACTOR BASE BID Gourley Contracting $642,564.00 Teal Construction, Inc. $564,202.00 Engineer's Opinion of Probable Construction Cost $600,000.00 Teal Construction has previously completed the City Hall ADA ramp project for the City of Corpus Christi. ALTERNATIVES: City Council could reject the bids and provide direction to re-advertise; however, that is not likely to produce a lower bid. The City can request an alter to the design before and re-advertise to better target available funds. Either of those options will delay the CCIA TSA Security Equipment Consolidation. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $564,202.00 which will be appropriated from the Airport Grant Fund (Fund 1055). The Capital Improvement project list will be updated by adding the TSA project for FY 2021. The project was not originally scheduled or budgeted in FY 2021 and has been accelerated to FY 2021 due to the availability of CARES Funding. FUNDING DETAIL: Fund: 1055 - Airport Grant Fund Org No.: N/A Activity No.: 206311055EXP Project: 20631 — CCIA Baggage Equipment Reconsolidation Account: 550910 - Construction Contract Amount: $564,202.00 RECOMMENDATION: Staff recommends awarding a construction contract for CCIA TSA Security Equipment Consolidation to Teal Construction LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Contract Bid Tab Presentation Project Page Ordinance awarding a construction contract to Teal Construction, Inc., Corpus Christi, Texas, for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation Project to relocate the existing TSA baggage screening equipment, in an amount of $564,202.00 and appropriating funds from the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES) Act and amending the FY 2020-2021 budget by increasing revenues and expenditures. WHEREAS, Project 20631 Corpus Christi International Airport Baggage Equipment Reconsolidation has been added to the FY 2021 project list under Airport — Building Improvements in the FY 2021 Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $564,202.00 are appropriated into the Airport Grant Fund No. 1055 from the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES)Act to be used for the CCIA Baggage Equipment Reconsolidation project. SECTION 2. The Corpus Christi FY2020-2021 Operating and Capital Budget adopted by Ordinance No. 032203 is amended to increase revenues and expenditures by $564,202.00. SECTION 3. The City Manager or designee is authorized to execute a contract with Teal Construction, Inc. of Corpus Christi, Texas, in the amount of $564,202.00 for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor t -:27a PROJECT LOCATION N SCALE: N.T.S. a VBIM1 LOCATION MAP NOT TO SCALE NUECES RIVER PROJECT LOCATION �oF NUECES BAY c p0R w N Z Z 0 SHIP CHANN 0 CORPUS CHRISTI Fpp Q Y QOQ LEOPARD U a z 44 6q CORPUS CHRISTI p 46k/N 286 INTERNATIONAL 1= AIRPORTORGpN 358 j M 9 O N O rn y �O �2 cqR �p 358 <v VICINITY MAP NOT TO SCALE LEROJECT NUMBER: 20631 CCIA TSA SECURITY EQUIPMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VONI CONSOLIDATION DEPARTMENT OF ENGINEERING SERVICES ry TX-44 - w N SCALE: N.T.S. West GA Apron - a � iI t A* u i Corpus Christi International Airport - :b -".!F 1 /ire I�r€• F� � ,. East GA !_�i B � Apron West Perimeter Rd. Gate 9G Driveway TERMINAL APRON AERIAL MAP - aProject Number: 20631 NOT TO SCALE CCIA TSA SECURITY EQUIPMENT CITY COUNCIL EXHIBIT CONSOLIDATION CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES �w TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:WED,03/17/2021 TEAL CONSTRUCTION,= GOURLEY DAVILA BARCOM CONTRACTORS, 4921 CONSTRUCTION CONSTRUCTION 5110-B IH 37 CORPUS ANBASSADOR ROW 2205 N JACKSON 58266 BEAR LANE CCIA TSA Security Equipment FMAC CHRISTI,TX 78408 CORPPUS CHRISTI, ROAD MCALLEN, CORPUS CHRISTI, ITEM DESCRIPTION JUNITI QTY UNITPR I AMOUNT UNITPR I AMOUNT UNITPR I AMOUNT UNITPRI AMOUNT PartA-GENERAL Al I MOBILIZATION(MAXIMUM 5%) ILS 1 1 1 $ 28,210.00 1 $ 28,210.00 1 $ 32,123.00 1 $ 32,123.00 A2 IBONDS AND INSURANCE JAL 1 1 1 $ 13,079.00 1 $ 13,079.00 1 $ 12,849.00 1 $ 12,849.00 SUBTOTAL PART A- (Items Al thru A2) $ 41,289.00 $ 44,972.00 Part B-BASE BID TSA BAGGAGE SCREENING AREA IMPROVEMENTS AND ALL ASSOCIATED B1 WORK LS 1 $ 25,000.00 $ 25,000.00 $163,357.00 $163,357.00 B2 WEST INBOUND MOTORIZED CONVEYOR LS 1 $197,485.00 $197,485.00 $194,580.00 $194,580.00 B3 EAST INBOUND MOTORIZED CONVEYOR LS 1 $296,228.00 $296,228.00 $235,455.00 $235,455.00 SUBTOTAL PART B-(Items B1 thru 135) $518,713.00 $593,392.00 Part C-ALLOWANCES Cl ALLOWANCE FOR CITY BUILDING PERMIT FE AL 1 $ 4,200.00 $ 4,200.00 $ 4,200.00 $ 4,200.00 SUBTOTAL PART C-ALLOWANCES (Items Cl thru C2) $ 4,200.00 1 1$ 4,200.00 TOTAL PROJECT BASE BID-(PARTS A THRU C) $564,202.00 $642,564.00 NO BID NO BID Page 1 of 1 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT 1/0 FACILITIES MULTIPLE AWARDS PROJECT (FMAC) CCIA TSA SECURITY EQUIPMENT PROJECT N 0.20631 CONTRACT No. 3489 Y:\00 CONSTRUCTION CONTRACT ADMIN\20631 Teal Construction CCIA TSA ERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,st to and country of the business entity's place Certificate Number: of business. 2021-738539 Teal Construction Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/14/2021 being iled. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 20631 construction Nature of interest 4 e o Interested P rty ity,State,Country(place of business) (check applicable) ontrolling Intermediary mccomb,justin Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is 1 , (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a oVSC.� 00 52 25 FMAC TASK ORDER AGREEMENT o a 0 0 V4 H v CCIA TSA SECURITY EQUIPMENT CONSOLIDATION (FMAC) yeoaPpRpeo 20631A xs52 This FACILITIES MULTIPLE AWARD CONTRACT TASK ORDER AGREEMENT(ORDER) is between the Owner of Corpus Christi, a Texas home-rule municipal corporation (OWNER), acting through its duly authorized Owner Manager or designee, the Director of Engineering Services or Owner Engineer, and (CONTRACTOR), acting by and through its duly authorized representative. The parties agree as follows: 1. This ORDER is issued under the Facilities Multiple Award Contract Master Agreement signed on March 26, 2019, pursuant to Request for Proposal No. 2018-06. All terms and conditions of the Master Agreement pertain to this ORDER. 2. CONTRACTOR was selected for award of this ORDER under Request for Task Order Proposal (RFB) No 3489 3. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit A (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The OWNER reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 4. The work described in Exhibit A shall be substantially complete within 90 Calendar Days of Notice to Proceed and ready for final payment in accordance with Section 00 72 00 General Conditions within 30 Calendar Days of Notice to Proceed. 5. Liquidated Damages: A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Article 4 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): i. Substantial Completion: Contractor shall pay Owner $400 for each day that expires after the time specified in Paragraph 4 for Substantial Completion until the Work is substantially complete. Task Order Agreement 005225- 1 CCIA TSA Security Equipment Consolidation (FMAC) City Project No. 20631A ii. Completion of the Remaining Work: Contractor agrees to pay Owner $400 for each day that expires after the time specified in Paragraph 4 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. iii. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. iv. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. V. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. 6. In consideration of the completion of the above-described Work, the OWNER agrees to pay to CONTRACTOR the lump sum amount of $564,202.00. in accordance with Exhibit B (attached and incorporated herein), Said payment shall be conditioned upon the acceptance of the work by the OWNER as certified by its final inspection following the receipt of notice from the CONTRACTOR that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made,the CONTRACTOR shall clean and remove from the work site all surplus and discarded materials, temporary structures and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. 7. Progress Payments; Retainage A. The Owner will make progress payments on or about the 251h day of each month during the performance of the Work. Payment is based on Work completed in accordance with Article 17, Schedule of Values, established as provided in Section 00 72 00 General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus 5% retainage and any set-offs and properly stored materials will be made prior to Substantial Completion. 8. All work shall be performed in a workmanlike manner and to the satisfaction of the OWNER. The OWNER shall determine the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction and interpretation of the plans and specifications. 9. The CONTRACTOR agrees to provide the following Performance and Payment Bonds and Insurance as required and outlined in the Task Order documents. 10. The CONTRACTOR shall, at all times, observe and comply with city, county, state and federal Task Order Agreement 005225-2 CCIA TSA Security Equipment Consolidation (FMAC) City Project No. 20631A laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 11. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the OWNER. IN WITNESS WHEREOF this Agreement is executed. CITY OF CORPUS CHRISTI TEAL CONSTRUCTION, INC Michael Rodriguez Company Chief of Staff Michael Miller 5110-BIH-37 Corpus Christi, Texas 78407 361-438-8712 mil ler(a-)tealcon.com Assistant City Attorney END OF SECTION 00 52 25 Task Order Agreement 005225-3 CCIA TSA Security Equipment Consolidation (FMAC) City Project No. 20631A 00 30 01 BID FORM Project Name: CCIA TSA Security Equipment Consolidation(FMAC) Project Number: 20631A Owner: City of Corpus Christi OAR: JVictor Gonzalez(CCIA) Designer:I Derek Mayo,P.E.,PMP(Garver) By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: T-r—A, G(/n15-nUiL71d0 Cc-AfAA1 (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: M 1 GKm-f-C- M, AAu,-L-6P, (printed name of person signing Bid Form) Title: (title of person signing Bid Form) Attest: ,���L G,` L (signature) State of Residency: TiXifStl Federal Tx ID No. 7, / —11 (g70 3 Address for Notices: e&19-&s CFf✓1,r,fP -7.4, -7bYG7 Phone: 361-P, 2-''MZ Email: -Ile +ea(ea/ .CONI 100,� 1 1 j4 ...................... ... DEREK W. MAYO P, ill 121115 'ksS/ONAL.E6 Digitally Signed 1/25/2021 Bid Form CCIA TSA Security Equipment Consolidation(FMAC) 00 30 01-Page 1 of 2 City Project No.20631A Rev 8/2019 00 30 01 BID FORM Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al 0129 01 MOBILIZATION(MAXIMUM S%) LS 1 U,210.00 28 2 10.0 A2 0129 01 BONDS AND INSURANCE AL 1 �, 67`1-Do 13 07 •gyp SUBTOTAL PART A-GENERAL(Items Al thru A2) Part B-BASE BID(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) TSA BAGGAGE SCREENING AREA IMPROVEMENTS AND B1 ALL ASSOCIATED WORK(EXCLUDING WEST INBOUND Z S,000.00 MOTORIZED CONVEYOR AND EAST INBOUND Z$�oon.op MOTORIZED CONVEYOR) LS 1 B2WEST INBOUND MOTORIZED CONVEYOR LS 1 Iq 1,�I135.o0 )g7,LlSS.00 B3 EAST INBOUND MOTORIZED CONVFYOR LS 1 2q(o,228• Z`t4�228.00 SUBTOTAL PART B-BASE BID(Items Bl thru 63) Part C-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) C1 JALLOWANCE FOR CITY BUILDING PERMIT FEE AL 1 N/A $4,200.00 SUBTOTAL PART B-BASE BID(Items C1 thru C1) TOTAL PROJECT BASE BID(PARTS A THRU C) rj(-Q 4 1 .Z 0-2-, ACKNOWLEDGE RECEIPT OF ADDENDA Add.No. Date Signature Acknowledging Receipt 2. t Z 3 Bid Submittal(proposal must he signed by authorized representative of the company) Company: _ L �N37k�ji�C.7Z0� GCM�/�N`I Signature: Title: 0(r e crFol CF' G l?G�A- dijS Bid Form CCIA TSA Security Equipment Consolidation(FMAC) 00 30 01-Page 2 of 2 City Project No.20631A Rev 8/2019 u unmunnnnunnnnnnnmm�nnnnnnnnunnnnmrnUnnnunnllnnin iiniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuuiiuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiniipniuiniuiniuiuiiinil uiul ink un ii tl l }l S 1 li » S l } IIIIIIIIIIIII<<<<, CORPUS • AIRPORT - - --- Lobby A ' . El �����Current location of Lf '� ,,� ;TSA Screening Unit ;�� CO TCKEV49 '39 104 rfi I American --- ■ United Airlines Airlines IT R' Proposed TSA Screening Room � � I ki r� 5 4' CLv � Capital Improvement Plan 2020 thrl/ 2024 City of Corpus Christi, Texas Project# 20631 Project Name CLIA Baggage Equipment Reconsolidation Type Improvement/Additions Department Airport s Useful Life 25 years Contact Director of Aviation Category Site Improvements Priority 1 Critical-Health&Safety Status Active Description This is the first phase of creating a space for TSA Baggage scanning equipment currently located in the public lobby.The work includes relocating security equipment and electrical panels,including upgrading interior and exterior finishes.The design includes windstorm rated and ADA improvements to the TSA baggage area to meet requirements. Justification This will allow for a safe and secure environment for both our passengers and TSA Officers while creating adequate social distancing for terminal occupants. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 564,202 564,202 Total 564,202 564,202 Funding Sources 2020 2021 2022 2023 2024 Total Airport Grant Funds 564,202 564,202 Total 564,202 564,202 Budget Impact/Other 71 This project is funded through the Federal Aviation Administration(FAA)Coronavirus Aid, Relief, and Economic Security (CARES)Act for economic relief to eligible U.S. airports affected by the prevention of,preparation for,and response to the COVID-19 pandemic. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of May 11, 2021 1852 Second Reading for the City Council Meeting of May 18, 2021 DATE: April 16, 2021 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning & ESI Dan ielMc(a-)cctexas.com 361-826-7011 Annexation of London Pirate Road (formerly County Road 33) CAPTION: Ordinance annexing London Pirate Road (formerly County Road 33), from FM 43 (Weber Road) to the North approximately 1.027 miles, being approximately 3.733 acres of land, into the territorial limits of the City of Corpus Christi increasing the area to 489 sq. miles; and approving a service plan. SUMMARY: On August 11, 2020, the City entered an Interlocal Agreement with Nueces County for the reconstruction and annexation of CR 33 (London Pirate Road) in the London area. The Interlocal Agreement outlined that Nueces County, and the City of Corpus Christi would share the costs of improving the road with the City taking over ownership and maintenance. The road work has now been completed and the City can move forward with the annexation proceedings to fulfill the requirements of the Interlocal Agreement. State law requires cities to prepare a service plan for an area before it can be annexed. The Service Plan outlines how the city will provide services for the subject property. The Service Plan for London Pirate Rd. (CR 33) will be limited to services related to the roadway while most service plans are developed to include multiple different types of land uses. BACKGROUND AND FINDINGS: The joint City/County road project improved 2,200 linear feet of London Pirate Rd. (CR 33) from the intersection with FM 43 to the rear of the new London ISD Elementary School making it a two-lane road. The existing conditions of London Pirate Rd. (CR 33) are not adequate to support the school traffic and projected development in the area recently annexed by the City. This annexation will include the segment of London Pirate Rd. (CR 33) improved under the Interlocal Agreement and a portion north totaling 5,420 linear feet. The northern portion of London Pirate Rd. (CR 33) runs adjacent to a recently annexed residential development (London Towne Subdivision) and proposed Agape Ranch development. The City's developer trust fund system recently helped pay for a wastewater lift station as part of the London Towne Subdivision, opening approximately 1,000 acres immediately east and west of London Pirate Rd. (CR 33) to public sewer service making higher density single family development possible. Staff is expecting development of this area to continue with more annexations in the very near future. London Pirate Rd. (CR 33) will be the primary access point out to FM 43 (Weber Rd.). ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of annexation of CR 33. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit Map Presentation Ordinance annexing London Pirate Road (formerly County Road 33), from FM 43 (Weber Road) to the North approximately 1.027 miles, being approximately 3.733 acres of land, into the territorial limits of the City of Corpus Christi; and approving 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, Nueces County has petitioned the City requesting annexation London Pirate Road (formerly County Road 33) pursuant to Texas Local Government Code §43.1055 and an Interlocal Agreement for reconstruction and annexation of County Road 33; WHEREAS, the City Council directed its planning department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed; WHEREAS, on April 13th and 20th, 2021 after proper notice, 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 March 31 st and made available for public discussion at a public hearing on April 13th and 20th, 2021 ; 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-land 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. London Pirate Road (formerly known as County Road 33) from FM 43 to the North approximately 5,420 feet, being approximately 3.733-acres, as described by metes and bounds and map in Exhibit B and C is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Exhibit B and C is incorporated into and made a part of this ordinance SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit A is approved. Exhibit A 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. 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. 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. 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 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 3 Exhibit A MUNICIPAL SERVICE PLAN FOR THE LONDON PIRATE ROAD ROW (formerly County Road 33) 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 London Pirate Road ROW as depicted in the attached Metes and Bounds (EXHIBIT A) and annexation area map (EXHIBIT B). 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 within the City Limits. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression within the City Limits through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services within the City Limits. (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 within the City Limits, 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 within the City Limits 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 1 located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of 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(C) (1) Water Service: 2 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 within the City Limits according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City paid $99,000 to Nueces County for shared construction costs associated with the reconstruction and widening of County Road 33, starting at 3 FM 43 northly 2,200 linear feet to the width of 20 feet base material where right- of way permitted. Nueces County completed reconstruction of 2,200 linear feet of County Road 33 north of FM 43. County Road 33 renamed London Pirate Road. (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: No additional capital improvements are necessary at this time to provide water or wastewater services. (6) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (7) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (8) 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 pursuant to Texas Local Government Code 43.056(1) 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 4 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: Governina 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. Force Majeure 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 s citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 6 EXHIBIT B METES AND BOUNDS NOTES for a 3.733 Acres, comprising a portion of the ROW associated with the London Pirate Road (formerly known as County Road 33) Right of Way. This area was defined through the ground survey of the centerline for the paved roadway. The Right of Way for London Pirate Road was then assumed through the identification and description of a 30' wide Right of Way associated with the initially built road constructed by Nueces County. The Annexation Tract being more fully described by metes and bounds as follows; BEGINNING at the Northeast corner of the 102.95 acre tract owned by Bill J. Brown and described in Deed No. C#36676-4 Map of Records Nueces County, Texas; also being the Southeast corner of the 15.01 Acre Tract owned by Betty Jo Camp and described in Doc. No. 2010006571 Official Public Records of Nueces County, Texas; also being a shared corner of the Corpus Christi City Limits; THENCE North 89° 31' 58" East, for a distance of 7.107 feet to the surveyed Centerline of the existing London Pirate Road paved surface; THENCE North 89° 31' 58" East, for a distance of 16.04 feet to the Northeast corner of the tract and the assumed Eastern edge of the Right of Way; THENCE South 20° 16' 42" West, for a distance of 1 ,690.48 feet with the assumed eastern edge of the Right of Way; also being the Southwest corner of the 8.00 acre tract owned by Agape Ranch and described in Doc. No. 2016053230 Official Public Records of Nueces County, Texas; also being a shared corner of the Corpus Christi City limits; THENCE South 20° 16' 42" West, for a distance of 511 .762 feet with the assumed eastern edge of the Right of way; also being the Northwest corner of the 2.00 acre tract owned by Jeremy and Paige Scott and described in Doc. No. 2016034176 Official Public Records of Nueces County, Texas; THENCE South 20° 16' 42" West, for a distance of 3,218.011 feet with the assumed eastern edge of the Right of way for the Southeast corner of the tract; THENCE South 89° 14' 50" West, for a distance of 16.071 feet to the surveyed Centerline of the existing London Pirate Road paved surface; THENCE South 89° 14' 50" West, for a distance of 16.07 feet to the assumed Western edge of the Right of way; THENCE North 20° 16' 42" East, for a distance of 2,054.837 feet with the assumed western edge of the Right of Way; also being the Southeast corner of the 102.95 acre tract previously described; also being a shared corner of the Corpus Christi City Limits; THENCE North 20° 16' 42" East, for a distance of 3,365.587 feet with the assumed western edge of the Right of Way; to a point along the Northern boundary of the aforementioned 102.95-acre tract; also to a point along the City of Corpus Christi City Limits; THENCE North 89° 31' 58" East, for a distance of 8.933 feet with the common boundary line of said 102.95-acre tract to the Point of Beginning, containing 3.733 Acres (162,609.48 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. EXHIBIT C ANNEXATION AREA MAP Line GiFtction Distanco POB L1 1 1 N89-31-SBE 7.107 2 N C2121-59E 16.04 L10 �I 3 b 2::`-1ti-42 W 1694 1_--'_'A 511.751 ` ----- LF 1t'42'A 3218.011 •• -- -..._...-._��—_._ ;' 6589-14-SGW 16.071 7 S 88-14-50 W UL0 8 N 20.1&42 E 2054.837 9 N 20.1642 E 330-% 10 N 8'9.31.59 F 8.933 Portion of 15.01 Acre Tract out of ' p cuadrilla Impt:on Co-Survey No.137 and I.&G.N.RR.SUYey No.140 laf 3,Pg.15,Map Racmds of �1 Names CBnnty,Texas 1� ( Wr Betty Al Lamp) (Dbc.No.20 6571,O.P.R-N-CTI / �Ulnt Of 1 EkQIit 5l Fl Pwr*n Of 173-21 A:,- jj Oui'Of SECAgr _ ASu33or's Map 154 !r 1=:.•-.- I"._ _ •._= . (OW'ner:si111&oYm( 11ff (1k .].i.'��..:.:3..:v'3r.n r 1..,:i; (ooc-No.CR366764) ^f, fry f B.OD Acnes J /'- out of section,D' f La.m)m Farm Tracts 17.05 Ax Tract aet of Tract 2 Fvo-3,Pg.u,Map Gssessws Map 154 i Records of Nueces co wtv,Texas I - ]DOL N0.2016053230,O.P.J-N T.( -- ,]almn Oormpmmt co..J Lg .....�.�r` C'.: -.d01901iR34�O.P. (Owner:Agape ReiKh( ,�� 30.40 Acre Tract Out Of U Saalun°D° Laure'Rs Fane Tracts w.3,01.15.Map Recwd s N u aces County,TY 200 Acres out of Sect an°D° = __.. . +r ICm 0: Dawbpmat Cop hum` Fa"Tracts S644 Acre Tract wt of (Doc.N .2019002524,C.P,R.N.c.T.) Ytlt 3,:-.L s,Map Sefton°D' Aec O-ds Cf r..S_zs Caumy,Texas Laum im Fam Tracts 1 11.12 Ac ra Tract out of Ff srd' m Pago stt} va'3, p r Pg.13,Ma �. •` ``•. Suction°D° IDCc.Nr .2G16J34176,OAR.N.C.T.( Recordsof Nueces Covntp,7ftas Laumiiin Faun Tracts Voi.3,P6.15,Map (OMYIer:EFaA' beth Anne Meaney, Racwdsof NUMB Coutny,Taaai TuSteeof Lucy A_NayneSTrlstj (UYn C:EF¢abeth Anne Meaney, �_�••���••�� loOc-No:2003062ESO,O:P.RA.C.T.(+ 20.00 Acre Tract out of7mct 2 L5 Trustee of Lary A.N'aynea Trust'.} !AlSeSSMSMap154 10%in 'London Independem 4 I school District( A ¢ 91 Acres out of __. .^.20050274S6,O.P.R.N.C.T.} Tract 7 of5YCtivn°D° Laumo m.Fi is 1 4 (Dv C0366764) r N City Print Date:0312312021 Corpus Christi Fxhtbit 83.733 acres AreaA4 �f 0 625 1,250 2.500 1 inch=1,000 feet Feet 9 Legend ` �•� ®Annexation Area Road Centerline r L.._.City Limits I %I Ij i. Ca bam ss `-Annexation a - Area I � I Annexation Area - ......................... oQ 3.733 Acre O 0=, FMNAP Annexation Area is London Pirate Rd ROW from FM 43, North to the NE corner of the London Towne Subdivision. This alignment of ROW includes a segment already contained within the City limits. The assumption of area associated with the London Pirate Rd ROW is based upon the presumed centerline of the existing roadway and a 30 ROW width. N City of Print Date: 03/18/2021 Cor us Christi Exhibit 8:Annexation Area p = 3.733 acres 0 625 1,250 2,500 1 inch = 1,000 feet Feet AWL Petition Requesting Annexation from Nueces County (3.733 acres — London Pirate Road (CR 33 ROW) City Council Presentation May 11, 2021 Background • This annexation will include the segment of London Pirate Road (formerly CR 33) north of FM 43 (Weber Road) measuring 5,420 linear feet. • This annexation is the final step in implementing the Interlocal Agreement with Nueces County (August- 2020) which outlined shared costs to improve the roadway and future maintenance responsibilities. nC Aerial Overview of Annexation Tract .�..� _ Legend It•� s� a L y Annexation Area—••--I � t 3.733 Acre r EL N VJeher Rd aP6 `tib FM 43 P1 .. I Annexation Tract Lig�nd It C..�City_ f � N --------------'-� r+, i -------------- I Annexation Areat•-------••----+ 3.733 Acre � i I x k Z8fi FM 43 N „r r Annexation Schedule 3-30-2021 — Resolution from City Council to Create Service Plan 4-01-2021 — Written Notices Mailed to Public & Private Service Providers 4-01-2021 — Newspaper Publication of notice & City Website 4-13-2021 — 1 St Public Hearing (No Action Required) 4-20-2021- 2nd Public Hearing (No Action Required) 5-11-2021 —Annexation Ordinance 1St Reading 5-18-2021 —Annexation Ordinance 2nd Reading —Annexation Complete so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of May 11, 2021 DATE: May 3, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3Ca)-cctexas.com 361-826-3227 Federal Economic Stimulus Package — American Rescue Plan Act of 2021 STAFF PRESENTER(S): Name Title/Position Department 1.Heather Hurlbert Director Finance and Business Administration ISSUE: The City of Corpus Christi is expected to receive $68.77 million of federal funding from The American Rescue Plan Act of 2021. This presentation is an overview of the act and is the beginning of a discussion with the City Council on the best uses to spend the City's funds. BACKGROUND: In March 2021 President Biden signed the $1.9 trillion COVID-19 relief package - The American Rescue Plan Act of 2021 ("The Act"). The package includes $350 billion for state and local governments along with additional funding for other areas like education, rental assistance, and transit. The City of Corpus Christi expects to receive $68.77 million in two payments with the first payment to be received in May 2021 and the second payment in May 2022. The funds can be used for costs incurred by the City through December 31, 2024. The Act lists four broad allowable uses: • To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality • To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or Tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work • For the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency • To make necessary investments in water, sewer, or broadband infrastructure While the Act lays out the broad allowable uses, the United States Department of Treasury will provide detailed guidance on how the funds can be used and on what type of expenses and projects are allowable under the Act. This guidance is expected to be released on or before May 11, 2021. In preparation for the release of the guidance, executive staff collaborated and identified possible opportunities across all City functions for effective use of the available funding. The project listing provides a starting point for discussion with the City Council. Once the guidance is received and thoroughly reviewed by City staff, an action plan with eligible projects will be brought to City Council for approval. LIST OF SUPPORTING DOCUMENTS: None