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Agenda Packet City Council - 10/29/2024
Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, October 29,2024 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 Guajardo to call the meeting to order. B. Invocation to be given by Pastor David Bendett with Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Anthony Wilson, 12th grader from Flour Bluff High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1766 Educational overview of the City's six propositions on the November 5 General Election ballot: A, B, C, D (Bond 2024), E, F (Sales Tax Reauthorization) 2. 24-1767 Boards and Commissions Annual Report Process for Calendar Year 2024, Presented by Rebecca Huerta, City Secretary City of Corpus Christi Page 1 Printed on 1012812024 City Council Meeting Agenda-Final-revised October 29, 2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 3 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 24-1781 Approval of the October 22, 2024 Regular Meeting Minutes Consent-Second Reading Ordinances 4. 24-1596 Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. City of Corpus Christi Page 2 Printed on 1012812024 City Council Meeting Agenda-Final-revised October 29, 2024 intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). (6 votes required) sponsors: Development Services 5. 24-1700 Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). (6 votes required) sponsors: Development Services Consent- Contracts and Procurement 6. 24-1601 Motion authorizing the execution of a three-year service agreement with Southern Tire Mart, of Corpus Christi for mobile tire repair services for City fleet vehicles and equipment in an amount up to $223,807.00, with FY 2025 funding of$68,385.47 from the Fleet Maintenance Service Fund. (6 votes required) sponsors: Asset Management Department and Finance & Procurement 7. 24-1603 Motion authorizing execution of a three-year service agreement, with two one-year options, with Excel Pump & Machine, Inc., of Robstown, in an amount not to exceed $1,599,980.00, with a potential up to $2,666,633.33 if options are exercised, for maintenance and repairs to pumps at CCW facilities with FY 2025 funding of$533,326.67 from the Water Fund. (6 votes required) sponsors: Corpus Christi Water and Finance &Procurement 8. 24-1555 Motion authorizing execution of a one-year cooperative service agreement, with two one-year options, with United Rentals (North America), Inc., of Stamford, Connecticut, with an office in Corpus Christi, through the Sourcewell Cooperative, in an amount not to exceed $219,716.00, with a potential amount up to $659,148.00 if options are exercised, for the rental of three 10-14 yard dump trucks and one 3/4 ton 44 crew cab pickup truck to be utilized by Public Works, with FY 2025 funding from the Storm Water Fund. (6 votes required) sponsors: Public Works/Street Department and Finance &Procurement General Consent Items 9. 24-1720 Resolution approving the Council meeting calendar for calendar year 2025 sponsors: City Secretary's Office City of Corpus Christi Page 3 Printed on 1012812024 City Council Meeting Agenda-Final-revised October 29, 2024 10. 24-1705 Resolution authorizing submission of a grant application to the U.S. Department of Energy's FY 2023-2024 Energy Efficiency and Conservation Block Grant Program for funding in the amount of $322,260.00 to replace existing lighting with energy efficient lighting for the Corpus Christi International Airport and the Parks & Recreation Department. Sponsors: Finance &Procurement, Parks and Recreation Department and Aviation Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 11 - 14) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 11. 24-1758 First public hearing on the annexation of properties in Industrial Districts No. 1, 2, and 4 in Nueces County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025. Sponsors: Planning and Community Development Department 12. 24-1759 First public hearing on the annexation of properties in Industrial Districts No. 5, 6, 7, and 8 in San Patricio County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025. Sponsors: Planning and Community Development Department 13. 24-1733 Resolution authorizing a Developer Participation Agreement with LSK Development, LLC to reimburse the developer up to $267,118.47 for the construction of Oso Parkway within Azali Estates Unit 3 subdivision. (District 4). (6 votes required) Sponsors: Development Services 14. 24-1734 Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $547,497.18 for the construction of Oso Parkway within Starlight Estates Unit 8 subdivision. (District 4). (6 votes required) Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 15) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 15. 24-1765 Consideration and approval of a resolution of the City Council of the City of Corpus Christi, Texas, accepting a petition to create the Mirabella Public Improvement District; calling for a public hearing under section 372.009 of the Texas Local Government Code for the creation of the Mirabella Public Improvement District within the extraterritorial jurisdiction of the City of City of Corpus Christi Page 4 Printed on 1012812024 City Council Meeting Agenda-Final-revised October 29, 2024 Corpus Christi, Texas; to consider the feasibility and advisability of establishing the district; authorizing and directing the publication and mailing of notices of the public hearing; providing for a severability clause; and proving an effective date. sponsors: Economic Development N. EXECUTIVE SESSION: (ITEM 16) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 16. 24-1784 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential purchase, lease, and/or value of water rights and water related properties, including, but not limited to areas along the Nueces River and/or the Mary Rhodes Pipeline, drought contingency provisions, TCEQ, EPA, PUC, and US Army Corps of Engineers requirements related to potential water sources, wells, treatment, sale, desalination, and/or reuse thereof, recoverability of costs in utility rates, appeals of rates, and Texas Government Code § 551.072 to discuss and deliberate the purchase, lease or value of the aforementioned areas of real property and other areas related to the provision of water for the City. O. ADJOURNMENT City of Corpus Christi Page 5 Printed on 1012812024 PROPOSED N1 D iiii MIT 2024 jjii�� 17 stow 1 Am ' �'` e PROPOSED `" SALES TAX REAUTHORIZATION Bond 2024 & Sales Tax Reauthorization Total Investment - $575 Million Investment Highlights ✓ Residential streets, corridors, and . ;; . arterials a focal point Propositions ✓ Investments in flood control & —rul A-Streets $89,500,000 coastal resiliency B-Parks $14,500,000 $23, ✓ Design, construction, and C-Public Safety $45 000 000 improvements to facilities for D-Facilities $2,850, public safety, parks, recreation, and E-Streets/Facilities $100,000,000 $ entertainment F-Flood Control $200,000,000 Total Investment $189,500,000 $200,000,000 $162,350,000 $23,150,000 `� General park improvements & trails AnraicanHanl LXENTER .,: t Proposition CITYWIDE-$38 Million CITYWIDE-$10 Million • Residential Streets-Streets identified in City's Approved 5-yr.Infrastructure Oso Golf Center-Club House Replacement Management Program • North Beach Rd.Improvements DISTRICT 1 -$10.65 Million TCAyers Aquatic Center DISTRICT 1 -$5.5 Million - Labonte Park Expansion-Baseball and softball field with CORPUS • Rand Morgan*-McNorton to IH-37 parking lot C&IR STI • Sam Rankin-Port to IH-37 Sherrill Veterans Memorial Park-Helicopter pad and other PARKS& u _ impr ents RECREATION DISTRICT 2-$6 Million • S.Staples Access Rd.-Annapolis to Kostoryz I -$1 Million P Parking Lot Improvements-Phased design and DISTRICT 3-$4 Million nstruction • Allencrest*-Ayers to Dead End STRICT 3-$5.25 Million • Schanen*-Weber to Everhart • Greenwood Baseball Complex-Complete remaining DISTRICT 4-$18.7 Million improvements from Bond 2022 • Holly Rd.-Ennis Joslin to Paul Jones St.Andrews Park-Design and construction of concrete trail and • Graham Rd.*-Flour Bluff to Waldron ADA improvements • Tara Subd.-Armitage,Audobon,Riata,Riata Cr., Richland,Rosedown • JFK Causeway-Parking lot under TXDOT JFK Bridge DISTRICT 4-$8 Million • Peary Place Improvements-Construction of two baseball and two DISTRICT 5-$17.3 Million softball fields with parking lot • Cimarron*-Bison/Grenoble to Legacy Pt. Dimmit Pier Boat Ramp*-Design public boat ramp • Acushnet*-Weber to Saratoga • Lipes*-Airline to Bronx " DISTRICT 5-$2.75 Million • Grand Junction*-Wapentate to Cedar Pass Bill Witt Park Improvements-Phased design and construction of • Rodd Field*-Yorktown to Adler __ - park access roads,parking lots,repaving and fencing • Brooke*-Rodd Field to Ametrine AMW • District 5 Trail Connectivity - *Design Only *Design Only Proposition C: Public Safety Proposition D: Cultural Facilities $4530003000 • - 1 111 (2 Projects) DISTRICT 1 -$11.5 Million DISTRICT 1 -$850,000 • Northwest Police Sub-Station Lichenstein House, Little Martins House,and Tex-Mex Railroad o Construction of police sub-station at West Guth Park House • Fire Station#9* o Land acquisition and design of fire station at 501 Navigation Blvd. o Design and construction of the building improvements at Heritage Park DISTRICT 2-$1 Million • Police Sub-Station` DIS -$2 Million o Design of police sub-station near La Palmera Mall nior Center Complex e n only for a new Dr.Clotilde P Garcia Library and DISTRICT 3-$25 Million Sen or/Community Center Complex(Location to be Determined) • Fire Station#8 Replacement o Construction and demolition of Fire Station#8 at 4645 0 • Fire Station#10 Replacement o Construction and demolition of Fire Station#10 at 1550 H DISTRICT 4-$2.5 Million ' • Fire Station#11* o Land acquisition and design of Fire Station#11 at 910Airline Rd. {�n DISTRICT 5-$5 MillionE • Far South Police Sub-Station o Additional funds for construction of Far South Police Sub-Station at Del Mar Campus ,,. rT ■ *Design Only _ _ SALES TAX REAUTHORIZATION Current Use of Sales Tax AMERICAN BANK CENTER ARENA DOWNTOWN SEAWALL 1/8 cent is currently authorized for the 1/8 cent is currently authorized for construction of the Arena, capital the major improvements made to projects, and operational needs the Downtown Seawall, capital of the Arena projects, and operational needs ArterialProposition E: Purpose #1 Proposition E: Purpose #2 i Collector Streets - • i Community City-wide improvements to arterial and collector Infrastructure improvements to City-owned recreational and streets which support commercial activity. community facilities within the Sports, Entertainment, and Arts (SEA) District including the American Bank Center Complex. Initial Proposed Arterial&Collector Projects ' Proposed Infrastructure Improvements Include: Lower Broadway St.(Cooper's Alley to Twigg St.) $10.0M Repl sent of critical operations equipment system replacement/repairs Yorktown Boulevard $4.0M uc al repairs &drainage improvements Alameda St.(Texan Trail to Doddridge Street) $20.5M District Facilities include the ABC Complex,Texas State useum of Asian Cultures,Art Museum of South Texas, Corpus Sam Rankin St. Christi Museum of Science & History, and the Harbor Playhouse The proposed projects above were identified as priorities for the first 5 ars of the 20-year reauthorization.The proposed projects and estimated costs are preliminary and subject to change. 11 Each purpose be allocated 1%of - 1/8 cent allocationexpected • collect around 11 million dollars over the 20-year term. Proposition F: Purpose #1 Proposition F: Purpose #2 Downtown Seawall • ' Flood Control i Drainage Projects Reauthorize the use for the Downtown Seawall City-wide stormwater, flood control, including infrastructure improvements pertaining drainage, and coastal resiliency projects. to the downtown seawall control structures. Initial Proposed Project Details ProjectsPriority Includes maintenance and improvements for: FM 624 west • Storm and drainage improvements • Primary seawall structure Bo • Breakwater • Salt Flat Levee T re • Storm drain and channel improvements • T and L Head land masses ood itch/Oso • Drainage improvements to alleviate flooding in • Flood control pumps ary nearby properties. Note:Excludes any vertical structures or amenities that do not supp he North Beach Linear Canal • Stormwater improvements,related street items above or pertain to flood control. Phase 2 improvements,and other coastal resiliency and flood control measures across North Beach. Corpus Christi Bay • Coastal resiliency,erosion repair,and mitigation. Williams Ditch • Channel and storm drain improvements. IL Oso Creek Channel • Channel improvements. - The proposed projects and estimated costs are preliminary and subject to change. iA Thel/8 cent for - - purposes is expected •collect around ' 11 million dollars over the 20-year term. OOD91 M ■ [oil To learn more about bou To learn more about the Bond 2024 please scan Sales Tax Reauthorization 100 QR code above please scan the QR code or go directly to above or go directly to www.cctexas.com/bond2024 www.cctexas.com/salestax SERVE CC Annual Reports BOARDS, COMMISSIONS AND COMMITTEES Council Presentation October 29, 2024 Council Policy10.3.8SERVE CC • All boards, commissions, and committees shall file an annual review report of their goals and objectives for each calendar year and the goals for the upcoming year. • The board chair conducts the annual review of board activities and prepares the annual report using a template provided by the City Secretary's Office. • Boards must ratify the report and submit to the City Secretary's Office by January 31, 2025 Process SERVE CC 1. Email with instructions and link to the report was sent on Oct. 24 2. Chair submits online report 3. Report automatically routes to the department director for review 4. Director can add any comments, then signs and submits 5. Report then routes to the City Secretary, City Manager, and Executive Leadership Team 6. City Secretary compiles all the reports and provides them to City Council 7. Reports are placed online for public information City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, October 22,2024 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Pastor Kenneth Pinckley with Arlington Heights Christian School. Pastor Kenneth Pinckley with Arlington Heights Christian School gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kayla Rea Calamaco, 12th grader Calallen High School. Kayla Rea Calamaco, 12th grader at Calallen High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca 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 Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1606 Appointment of Chief Wade to the Texas Commission on Fire Protection City Manager Peter Zanoni announced Fire Chief Brandon Wade's appointment to the Texas Commission on Fire Protection. 2. 24-1741 TML Post - Conference Legislative Updates Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the following topics: The Texas Municipal League (TML); TML annual conference; TML City of Corpus Christi Page 1 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 annual conference education; TML legislative outlook session; TML municipal policy development process; and TML legislative agenda development. Council Members, City Manager Peter Zanoni, and Director Skrobarczyk discussed the following topic: concerns that property rights are being eliminated, as well as the reduction in local authority. F. PUBLIC COMMENT Mayor Guajardo opened public comment. John Weber, 609 Naples St. and Jason Hale, 211 Leming Ave., presented information in opposition to desalination. The following individuals advocated for a BMX track at Salinas Park: Laurie Lyng, 16130 Jessamine St., Adam Rios, 7301 Tangled Ridge Court, and Michele Gaines, Robstown, TX. Robin Sanders, 730 Avondale Dr., expressed concern about criminals in neighborhood parks. Stephen Klepper, 317 Sunset Ave., spoke about the City's lack of transparency. Alycia Kasperitis, 6262 Weber Rd., spoke on behalf of the Coastal Bend Homebuilders Association and commended Development Services for their leadership. Carrie Meyer, 4401 Gulfbreeze Blvd. and Bob Catalano, 201 Surfside Blvd., spoke in support of Item 3, the North Beach revitalization update. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. BRIEFINGS: (ITEM 3) 3. 24-1738 North Beach Revitalization Update Mayor Guajardo referred to Item 3. Director of Engineering Services Jeff Edmonds presented information on the following topics: highlighted projects; North Beach drainage improvements; design of North Beach Eco Park; elevate and reconstruct Beach Avenue and Gulfspray Avenue; North Beach Gulfspray Avenue pedestrian/bike access; Texas State Aquarium expanded parking lot; North Beach restroom and parking; North Beach nonstructural fill dirt management policy; Puerto Del Sol RV Park; demolition-Villa Del Sol building; new Fajitaville Restaurant; Texas State Aquarium Wildlife Rescue Center; trash can replacements; North Beach sand movements; and Hotel De Ville. City of Corpus Christi Page 2 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 Council Members, City Manager Peter Zanoni, Assistant City Manager Neiman Young, and Director Edmonds discussed the following topics: the plans and specifications for the Eco Park are incorporated into the bid for the drainage plan; a concern about the connectivity for the pedestrian/bike trail; whether state funding can assist with the canal project; stability status of the USS Lexington; projects on North Beach would be eligible with Proposition F, which is on the ballot; and to consider utilizing the City's grant writer to work on similar projects. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEM 4 - 13) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 7 and 8 were pulled for individual consideration. Council Member Barrera moved to approve the consent agenda with the exception of Items 7 and 8, seconded by Council Member Roy. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 4. 24-1755 Approval of the October 15, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 24-1619 Ordinance authorizing acceptance of a grant in an amount of$59,609.00 from the State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$24,719.82 and in-kind match of$6,960.00; transferring $24,719.82 from the General Fund to the Police Grants Fund; appropriating $84,328.82 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033493 6. 24-1579 Ordinance authorizing the acceptance of a grant in the amount of$318,816.56 from the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a cash match of$61,624.14 and in-kind services of $18,080.00; and appropriating $318,816.56 in the Police Grants Fund; and City of Corpus Christi Page 3 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 authorizing five full-time employees. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033494 7. 24-1516 Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non-profit corporation, to lease the AI Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of$2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. (6 votes required) Mayor Guajardo referred to Item 7. A Council Member and Assistant Director of Finance and Procurement Josh Chronley discussed the following topic: a Council Member expressed concern about the procurement process. Council Member Barrera moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 033495 8. 24-0653 Ordinance annexing Clarkwood Estates subdivision, an 87.57-acre tract of land located at the northwest corner of Clarkwood Road (Farm to Market Highway (FM) 2292) and County Road (CR) 36 per owner petition; rezoning 84.71 acres from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; annexing an abutting 1.254-acre or 2,590-linear foot section of the CR 36 right-of-way per State law; providing for a penalty not to exceed $2,000 and publication, and approving the related service plan. (6 votes required) Mayor Guajardo referred to Item 8. Council Members discussed the following topics: a concern with the uncontrolled development in that it may contribute to the rising utility rate; and to ensure drainage issues are addressed. Council Member Roy moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 4 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033496 9. 24-1573 Zoning Case No. ZN8435, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033497 10. 24-1575 Zoning Case No. ZN8441, MPM Development, LLC. (District 1). Ordinance rezoning a property at or near 11202 Haven Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033498 11. 24-1514 Ordinance authorizing an agreement between the Corpus Christi B Corporation (Type B) and Del Mar College Foundation Inc., for the equipment needed for five different programs for enhanced skills training effective upon signature of the City Manager or designee: appropriating funds in the amount of$1,897,870.00 from the Type B Economic Development Fund. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033499 Consent- Capital Projects 12. 24-1692 Resolution rejecting the bids of IECON, Inc. and Taknek, LLC as non-responsive and authorizing a construction contract with H&S Constructors, Inc, Corpus Christi, TX as the lowest responsive, responsible bidder in the amount of $12,174,975.00 for the Mary Rhodes Pipeline Phase 1 System Improvements Project for improvements to the booster pump stations located at Bloomington, Texas and Woodsboro, Texas associated with the Mary Rhodes Pipeline (MRP) raw water delivery system, with FY 2025 funding available from the Raw Water Capital Fund. (6 Votes Required) This Resolution was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 Enactment No: 033500 13. 24-1686 Motion awarding a construction contract to DGS General Construction Group, LLC, Corpus Christi, TX, for the Littles-Martin House project in an amount not to exceed $458,900.57 for building envelope rehabilitation exterior and improvements, located in Council District 1 with FY 2025 funding available from the Community Development Block Grant (CDBG) Program. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-161 K. RECESS FOR LUNCH: (NONE) L. PUBLIC HEARINGS: (ITEMS 14 - 16) 14. 24-1732 Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct Lady Alexa Drive and Natasha Lane with Roller Compacted Concrete for the King's Landing Unit 5 subdivision. (District 3) (6 votes required) Mayor Guajardo referred to Items 14 and 15. Interim Director of Development Services Michael Dice presented information on the following topics: Participation Agreement for Street Infrastructure Improvements; location map; total cost estimate; and staff's recommendation. Council Members, City Manager Peter Zanoni, Assistant City Manager Neiman Young, and Interim Director of Development Services Michael Dice discussed the following topics: quarterly inspections and improvements are being performed on these streets; this agreement is for a seven year pilot process; and the developer is responsible for the maintenance of the streets for ten years. Mayor Guajardo opened the public hearing. Moses Mostaghasi with MPM Development, stated he is an advocate for concrete streets and his company does quarterly inspections with Engineering Services. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve Items 14 and 15, seconded by Council Member Hernandez. These Items were passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos City of Corpus Christi Page 6 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 Nay: 1 - Council Member Klein Abstained: 0 Enactment No: 033501 15. 24-1596 Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). (6 votes required) See Item 14. Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 1 - Council Member Klein Abstained: 0 16. 24-1700 Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). (6 votes required) Mayor Guajardo referred to Item 16. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Pusley. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 M. RECESS TO THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION MEETING: (ITEM 17) City of Corpus Christi Page 7 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 Mayor Guajardo recessed the City Council meeting to the Corpus Christi Industrial Development Corporation meeting at 1:22 p.m. 17. 24-1613 Meeting of the Corpus Christi Industrial Development Corporation to amend the deed from the Texas General Land Office for Salinas Park to allow construction of Fire Station #10 within the boundaries of the park and to convey the 91.70 acres of Salinas Park to the City of Corpus Christi. This meeting was held. N. RETURN TO CITY COUNCIL MEETING Mayor Guajardo reconvened the City Council meeting at 1:38 p.m. O. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 18) 18. 24-1684 Resolution casting votes for candidate(s) for the Nueces County Appraisal District Board of Directors Mayor Guajardo referred to Item 18. City Secretary Rebecca Huerta stated the Council will determine how to allocate the City's 1,100-vote entitlement among the candidates. The Council may vote for one or more candidates on the ballot. Council Members, City Secretary Huerta, and Director of Intergovernmental Relations Ryan Skrobarczyk discussed the following topics: Gabriele Hilpold was nominated by Nueces County; some school districts have submitted their vote, but Corpus Christi Independent School District will be voting on October 28; and the City will be one of the first entities to vote. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to allocate 200 votes to Susie Sullivan and 900 votes to Deven S. Bhakta, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Barrera Abstained: 0 Enactment No: 033502 City of Corpus Christi Page 8 Printed on 1012512024 City Council Meeting Minutes October 22, 2024 P. EXECUTIVE SESSION: (NONE) Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 1:48 p.m. City of Corpus Christi Page 9 Printed on 1012512024 SC G� 0 AGENDA MEMORANDUM �OgP00.P�'0 Public Hearing and First Reading Ordinance for the 10/22/24 � 1852 Second Reading Ordinance for 10/29/24 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(o-)cctexas.com (361) 826-3575 Wastewater Trunk System Construction and Reimbursement Agreement with MPM Development for wastewater improvements for King's Landing Unit 6. CAPTION: Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 10.08 acres for various homes and is requesting funds to construct the wastewater trunk system improvements associated with the development. The estimated one-time cost of the improvements is $440,829.12. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a wastewater trunk system construction and reimbursement agreement for the 10.08-acre subdivision named King's Landing Unit 6. The wastewater collection line improvements consist of 1,096 linear feet of 15" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk System Construction Standards. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate the development of the new King's Landing Unit 6 Subdivision. An alternative to utilizing trust funds to construct the wastewater trunk system improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact on the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Sanitary Sewer Trunk System improvements is $440,829.12. Agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Sanitary Sewer Trunk System Trust Fund to reimburse the developer per the agreement. The funding is part of the 2025 Fiscal Year initiatives. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid 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: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 10.08 acres known as King's Landing Unit 6 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 15-inch Wastewater Trunk System ("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 in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, 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 judgement 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, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction; WHEREAS, reimbursement shall only be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, if the developer is owed funds from the Wastewater Trunk System Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Wastewater Trunk System Construction and Reimbursement Agreement ("Agreement") with MPM Development ("Developer"), for the extension of a 15-inch wastewater line, including all related appurtenances, for the development of King's Landing Unit 6 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a 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 24 months. SECTION 3. Funding in the amount of$440,829.12 is appropriated from the No.4220-21800- 777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the construction of a wastewater trunk system and improvements. SECTION 4. The City Manager or designee is authorized to transfer up to $440,829.12 of future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220- 21800-777 Wastewater Trunk System Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1 .C.2.d, 8.5.2.E.1 .d, and 8.5.2.E.2.d. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE, LIFT STATION, AND TRUNK FORCE MAIN LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Trunk Line, Lift Station, And Trunk Force Main Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20,2023 to develop a tract of land, to wit approximately 10.08 acres known as King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection 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 Trunk System ("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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 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: SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 1096 LF $ 195.00 $ 213,720.00 2 FIBERGLASS MANHOLE 7 EA $ 20,000.00 $ 140,000.00 3 DEEP CUT CONNECTION 1 EA $ 10,000.00 $ 10,000.00 $ 363,720.00 MISC ITEMS ITEM IDESCRIPTION QUANTITY I UNIT COST I TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM SEWER 1 PIPES OF ALL SIZES) 1096 LF $ 9.00 $ 9,864.00 $ 9,864.00 SUBTOTAL $ 373,584.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 41,094.24 CONTINGENCY(7%) 26,150.88 TOTAL $ 440,829.12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 d. 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 Improvement is $440,829.12. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $440,829.12 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 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 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: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 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 6, 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 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. 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 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 fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 (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 information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 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 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 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) Deputy City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a Texas Limited Partnership, on behalf of said company. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 PLAT OF KING'S LANDING UNIT 6 III �D_,T NPN DEVELIPNTT ENT.LP D 3IAVE.F39,ADT ED TIADIFLLA 11116ATION N°NE°`°°°I'LLA1II'°A„5NFNIIANF NDIII 0 L CP�EIIILDP CORPUSSCHRISTI, NUECEcSPOACOUNTY, TEXAS A,gJ �I"=� z N00*55'32'W 844,32' E — Rill F ,zoo ss�° 58 as —so.0 B refs & WELSH ENGINEERING -w � 5 E� 24 PLO T544 sF rc '" 29 9 l N v e S24 Q m a 661T s T]m SE 5G�S °R DUR SEu EER l D LPN s* fl R,K 12°00 c0 Pu5N25°Isis.50 AUs iRf 100' �E e 0 v TS� a CT n_=3e—Es�Doz-4s s-N�3r3E ToP _ oz u,N R, �113 ,4o PE sCALE�1—50' 11 FIAT— SAs oo s 3E 184 4E —101 IF �9 0 0 za zs sore eL _ ss zz�v\g z Poo sz zz c)T �9 wEssERos sr� 386. z � � exca A so 00 50 ON m 42 13 1 _ a ry o 500' 1000' 2000' AS 41 sag°o4 2a'w 11ee 834 Im�I e.T — 0003 _ 111T 311P vs� 346.02' C IFS m ti l P SCALE.1"=MID e �a0 =i = a0 0 0l LOCATION MAP e�I — ] L-- 8.825 AC. ➢RAJNN6E ASEMENT, DOL. O. 2J0016681 ❑.0 SO1°00'04'E 1251.91' PLATE of TALFE Q 3.969 A. DRAJNA.. CALL'of N°ECEP $ EASEMENT, ➢OL. ND. + � 00364s6, ❑.F *I ITATE of LE— g oEPAITrnENr of ofvELO..ENT EEDC EP OE TUE"of Co_"PAT,TELAI Z E COINLy of NIECES @ ,IT 13 ILI O p= °DO 11PAEv MADE oN T YE°aouN°DONE,ML I IECTiAN wns artfaarefo fROM a PLp7E of TExas @ FATE 'IND µ 94 33 TOO TIE oav of .Co COINTY of NIECEP g IAA LABELED A'1 TODE HE FOP TIE ILLY F.1 LID P1IPA11 IF MAINLAININC I THE DEEP Ely*AE ©1- AND wsPELTIND 1AN P—D DIANAGE FAILTY INFER oN ANI u°Nc swo TRec�. ° N�zoN n. vases,a.a.s.s. Tess ON oHEcortr,us oAVISOF T[xnP ev TH[puNNiNc ZovtilM"IN. Eo ON eEAa�E of LIFE AL RAAPMND, O 4 a cOUNry OEENufcfs CINRMAN cuouw AECPETAA uL aA S 2'2 ANI FF-IOE EMPM ITII TIII E PLATE of TALAA B w=l o.ssIS NAEDEEN'ECO COINLY of NIECEP g 3TATE of TELAN g TOO PLOT was MADE MADE LOP TIE P11POSE1 IF DE11PIPTION AND DEDICATION. Ea AND THAT wnE)I IOINTY of NIECES @ IF A THIS TIE 1INAHFE1A-NI -1 HE CEPTIFICATE IF AITIENTICATION,.1 FILED FOP PE—I IN OF OFFICE TIE STATE of TExgN ® NOPSA D.I ACIAt,°ENEIA.PAITNEa A E AT E— ® TILE. DAY of .zO A I ILIA U-.AND All ICINI of NVEIEI S COINTY of NIeCEI g IE:I1IED TIE DAY of so AT ICLOCIT—N.IN TOOOF N 11MENamENT.LP_ LEDCED eEEOIE ME eY M.AIA MOPLANAAL DENEau PAITNER THIN INADIMENT was A-01LEOCEO eEEORE ME a (NADE). TIE MAP IEma°s OL sa Ness mFINLY IN O.LI.E ssu of PACE cOINTY INITNIMEN LNIMBEI HAN AND TITS TIE DAY IF ,zo _ (TITLE),of IOINTY AT IFFIE IN ANPP11 11111TIT DIE—IOINrv,TE—TIE—AND YEAI Us ABDT �H ,,EP4IP4 IPEEEE3 m.,, IPEM E11ILLF'IPL IF ,EIP N00'55'32'W 185.51' N07'36'33°W 219.38,_ LEFz 1115 UPso 10 es 01 1 N00'55'32'W 844,32' N89'04'28'E 110.00' — — — s0 0o sa Fo so 00 °o 00 F Fo so 00 0. so.OF so.00 so.00 m. sn zse ss ,3F 1s 3F soo sr 7015 IF 9 39 1711 IF \ zms s w ems IF oa sr oas s 1011 IF 505e IF I'll IF 4se s 4EE 3 s IF IF 0s. �NET S5'32"W 4.19' soo ss 3e E lAO 11 s531E 3E ,3 — —Oa O 5 - �— NOOFIl I'll 'A Do °E _ - IF ,6� O _ —ze36. 20eR a,.s3-� wcsLzeos IF OF _ O-+ EE.EE E0. o Ea e+z 0 0.00 s0oe-J 10 3as IF so sr sass IF eob s sss s 6aso1 _ z4 F 52 55 47 3E0 1 3EF 3 "A3' EEeE s bees 3 6F�E 3 _ sm s 00 3 DE3 E EEE6 E i L E 5IF 3 J,� \E. IF o(F w°�FE E4 w 41. saE�11 Do \111-5116'W es o° So-- 1E EE -- o — F oE 110 41.3E ---- EE. Es+IF ——— x°,H °EA3�—N' N --- ---- ---------- � E' IPaEE bz PAID—EE1,Embbe.E .e. - - FAIL S01°00'04'E 1251 91' oNE oh'. mE. zoeo,_', E.a. vE vEmLua'0.uc ©'- 'EDR 713—NI.IFIFE I PIPE o` �P 14 AH 1e e0 ao (AH z3 3z NE I.NE*.O,HER F'o°E ELEws.a10aom0 FEMA ti,AI.4EaEscoeosc��oii vzzsN4'H is iN`EAA AND A. mIFH�"P L FFLG1LIEN'EIPEAIP,. PFEms 11 L3. o zs- so- 10o- s-LHE,a„�Pa„EE A EA IINIANs,o.o��HEI o3°wE�IPmEEIIPO sHEE,0EE�0P,�oIPs- L DU IFF wE'NIiEL FEEE'aetifEIP,caEE SCALE 1'=5' RI 01 RiaB.E.`AH"aoos"°"'I L F PHNERs R°A5FNAe"3°ass°E o;°Eaw�IE's°T.1H"3E,"MAI''3 off PLAT 0 F "Pa"PFn EL"`'E,"HFN_"ALL'FILE"FE LAEE'EF E A K I N G'S LANDING UNIT 6 IPFENIE'E�,�FIPFHFIP,FIPE�veE111IF FF,IF 'A- HEEPx�EEE�IP,EHFF"HEE, CORPUS CHRISTI, NUECES COUNTY, TX BASS IS, WELSH ENGINEERING - we EXHIBIT 2 . UDC Agreement Application Date of Application: 8-13-24 Type of Agreement Requested: Deferment [ ] Reimbursement [x] Participation [ ] Approved Plat Name: Kings Landing Unit 6 (P18209) Public Improvement Type: Waste Water Reimbursement Agreement Approved Public Improvement Plans: Y[x] N [ ] Cost Estimate for Public Improvements: $440,829.12 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [x] Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applica gnature&Title Submit Application Electronically to: contractsandaareementslacctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 pM o ADO 0 ]pOWENE ITS 70 MHOS LAHIMHO UHF 09 DOOMS CHMMq HUECES OOUHIT 11 9 TEKAS r „w xar�nawr,xrxaxrrre a �..k.er LF END mmm,µecmrMm �_i o omacu.xscoreoxxem�ox sw.smex ss ca LOCATION MAP x�xaw gym,Rxc. ,-�me sex a re�«rox,�area =wxM.�mm=m 11-. w.,m wx.m6 tiro r.xmxx6 u0NM0m ns noa.xo war uczx vows mxcs.mmaxaox SHEET 1 CDVER SHEET AND MISCELINEOUS INFORMATION RE AND DRAINAGE PLAN AND PORLE nm.p v.e a iaox•aaerr..xec®�x.�xo cr awcr SHEET 3 SANITARY SEWER AND WATER PLAN AND PROFILE cc n .arv,or wrow rz.o or mvn SHEET 4 REFT S IGN AND LG T POLE PLAN A ND ESTI MATE SUMMARY AND RARRICADE DETAILS .xNx xre.x Nx.Nx xre.x.xe xme� TRAFFIC GONTRDL AND S ES CALL BEFORE YOU DIG! SHEET s STORM WATER POLLUTION PREVENTION PLAN SHEET 1 of z rr r•rrr xr�.rroxo.rx:wrr ar vv.oc xe x .rrr aMxor.xo ow SHEET A STORM WATER POLLUTION PREVENTION PLAN SHEET 2 OF 2 _ er.rax�rvr ar eoar� r �� SEE ] JOINTING PLAN FOR CONCRETE PAV NC oam.,orv3 rexww.o�xv.iro w.,,cv..ss ..,,.as co.w""°x.cm µo vLL rxcm uom�nwcn<rt:..ox.p�c aamrm:m,o,.c ay.rxm mmrv,wcrom SHEET 8 PCCP AND RCCP PAVEMENT DETALS&SIDEWALK DETAILS WATER NDTES GENERPL NO ES SHEET 9 REOOIREMENTS AND OETAi LSPAV EMENT MARUING ATEET IS CITY SATTEF STANDARD DETAILS r�rvr .Mraaor..r�x<rx oaKK:.:ao.x a or.mx�xc.sxosmm oaKK..w.swnaia ao�xr rxuxo µo.rs.�rvo avxamr:wx: .o mr.m re:.o.x.-r vavr:roa ssoxrM..n.r.xr e�rz v:m vro.w,.ir.vro..r.ao acmx:w.cvr xaom xr<arm om.�xm. "fNe SHEET 13 CITY PEDESTRIAN CHRB RAMP STANDARD DETAILS Tn mvnm nmumm er.w. nnv..m ruvrvi cmnxrc.on swc mmrn cn.o muumc..c mcviox ore W a ae zaaraoe.coaaus cuaisi.rexns RELE SEDFORCONSTRUCnON ". 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PUBLIC SIMPROVEMENTS4 KINGS LANDING UNIT 6 ALL SCATEP KTANDARD DETAILS cevebpnen bbery 9� r Mm wpuau J ; ,..., »•�»u„�,�o..,.� rea,�w nAsewc r���.wr<W ti.�, � n� .,ems W..�� �„ M,.,s:.K:.�.zl .., .�..._ '" ✓�� � rein - � ��..F_� �,3�1_n. - : aL eeIu P_. _«. —P as ren„R„n BASS AND WELSH ENGINEERING RELEASED FOR CONSTRUCTION .x reed - sreee, oevem r CORPUS LCHRISTI NUECESC CO..i Mm wpuau NDo ss 32 v IZD.DO a �II ......FN.., � z 'III III ITI l E LLL_ oaw s a,VCL"P�f — __ 4 O �z�—�� 1, M ,„ao„, RELEASED FOR CONSTRUCTION n vzs a,vn.�v xso cMiaer or.xE aRwEc.. orenv�Ns3 r.xo°o ie nss e D PUBLIC aIMEPROVEMENTS TOpP DRIVE AT KARHD D STRFFT (`TPOR -ST ���ryr�/// EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 8/13/2024 Kings Landing Unit 6- Cost Estimate SANITARY SEWER ITEMS ITEM IDESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 1096 LF $ 195.00 $ 213,720.00 2 FIBERGLASS MANHOLE 7 EA $ 20,000.00 $ 140,000.00 3 DEEP CUT CONNECTION 1 EA $ 10,000.00 $ 10,000.00 $ 363,720.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM SEWER 1 PIPES OF ALL SIZES) 1096 LF $ 9.00 $ 9,864.00 $ 9,864.00 SUBTOTAL $ 373,584.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 41,094.24 CONTINGENCY(7%) 26,150.88 TOTAL $ 440,829.12 Page 1 of 1 EXHIBIT 5 I Exhibit 5 Pixy ofCorp.4s Cbristi,m TexaK } D-pw cnt or Devwlopmenl Services City of P.O.Box 9277 C'nrpns Christi,Texas 73469.9277 Corpus at: 2 06 Le 40 _ •7 Located at:2�tOG Leopard Street R'Now ='C h ri st1 `Conrer of].caparti St,and l ax Ave.) «� '1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA"_ NAME: MPM DEVELOPMENT, LP STREET; P.O. BOX 331308 CITY- CORPUS CHRISTI ,p: 78463 FIRM is: ®Corporation A Partnership ❑Sole Owner ❑Association A Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm", Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board,Commission,or Committee Mossa Mostaghasi Capital Improvement Advisory 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 NIA 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/ads changes occur. � Certifying Person: MOSSA MOSTAGHASI Title: GENERAL PARNTER (Print) Signature of Certifying Person: T f Date: 8-18-23 IG'`97F;VELOPl1EA'i"SVCS1SN.gR{'.f)'+I-4:dD DEVLLOPMENT,ORDINANCL AWNUNIST AI-10N:APPI.ICA710T FORM&PORNIS AS PER LEGAL,2011131SCLOSURE OF INN EKESTS 3TATE1,1ENTi.27.)2.1JOC Wastewater Trunk Line Construction Reimbursement Agreement Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). City Council October 22, 2024 Location Map e, z li t Kings Landing Unit 6 Wastewater Collection Line Location Map LIfuIIT /. 2 Total Reimbursement Estimate NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email..NixMW@aol.com TX Registration No.F-52 Survey Registration No. 100027-00 P.O.Box 6397 8/13/2024 Corpus Christi,TX 78466-6397 Kings Landing Unit 6-Cost Estimate SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15INCH PVC PIPE 1096 LF $195.00$213,720.00 2 FIBERGLASS MANHOLE 7 EA $20,000.00$140,000.00 3 DEEP CUT CONNECTION 1 EA $10,000.00$10,000.00 $363,720.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS 1 (SANITARY SEWER AND STORM SEWER 1096 LF $9.00$9,864.00 PIPES OF ALL SIZES) $9,864.00 SUBTOTAL$373,584.00 ENGINEERING,SURVEYING,&TESTING(11%)$41,094.24 CONTINGENCY(7%)$26,150.88 TOTAL$440,829.12 3 Trust Fund Balance as of October 10, 2024 Available Combined Trust balance as of previous agreements is: -$2,274,529.06 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,662,244.16 $515015.89 -$319828.16 $3689527.37 Upon approval, the Trust Funds will be: -$2,715,358.18 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. 1 �1 1 3 z}/ 1 W 0:1 MARTELL WINTERFELL 1 1 1 1 1 1 1 HIA GAR DEN 1 1 J O G Q J WESTEROS EXCELSIOR Im 1 � 10 0 200 400 Feet -ONNEGARDENS _ King's Landing Unit 6 Ulk Wastewater Collection Line Location Map L�IMI'TS Subject Property] .' N bml 43 N.T.S The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 16875 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 9/26/2024 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. 03 s c� w 0 o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 10/22/24 NORP00.P��'� zss2 Second Reading Ordinance for 10/29/24 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Wastewater Collection Line Construction and Reimbursement Agreement with Devonshire Custom Homes, Inc. for Off-site Wastewater Improvements for Westwood Heights Unit 4 Subdivision CAPTION: Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer') to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). SUMMARY: Devonshire Custom Homes, Inc. is developing a new residential subdivision named Westwood Heights Unit 4 and is requesting funds to construct wastewater collection line improvements associated with the development. The estimated one-time cost of the improvements is $14,476.00. BACKGROUND AND FINDINGS: The Developer, Devonshire Custom Homes, Inc, has requested reimbursement through a reimbursement agreement for in conjunction with a residential subdivision named Westwood Heights Unit 4, located on Sunny Dr., south of Leopard St. Westwood Heights Unit 4 preliminary plat was approved by Planning Commission on November 13, 2019. The development, located on Sunny Dr., south of Leopard Street, plans for 39 single family homes on 9.059 acres including street dedications. The Planning Commission granted a 12-month time extension for the plat on May 3, 2023. The off-site wastewater collection line improvements consist of 162 linear feet of 8" PVC pipe and tap into the existing 8" line. Although the total cost of the project is $28,952.00, the allowable reimbursement amount is $14,476.00, representing 50% of the cost of the project. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Collection Line Construction Standards. The project is eligible for reimbursement from the Wastewater Collection Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Westwood Heights Unit 1 Subdivision. An alternative to utilizing trust funds to construct the wastewater collection line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Wastewater Collection Line improvements is $28,952.00, the reimbursable amount is 50 percent or$14,476.00. The available funds from the Wastewater Collection Line Trust of$14,476.00 will be appropriated to fund this project. Funding Detail: Fund: 4220 Wastewater Collection Line Trust Fund Organization/Activity: 21801 Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019, to develop a tract of land, approximately 9.059 acres known as Westwood Heights Unit 4; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 8-inch Wastewater Collection 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 in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, 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 judgement 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 Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a 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 Collection Line Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Collection Line Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.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 Sanitary Sewer Collection Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with Devonshire Custom Homes, Inc. ("Developer"), for the extension of an 8-inch wastewater line, including all related appurtenances, for the development of Westwood Heights Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a 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 24 months. SECTION 3. Funding in the amount of $14,476.00 is appropriated from the No.4220-21801- 777 Wastewater Collection Line Trust Fund to reimburse the Developer for the construction of a wastewater collection line, and improvements in accordance with the Agreement. SECTION 4. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Trunk System Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4220-21801-777 Wastewater Collection Line Trust Fund until $14,476.00 is appropriated in accordance with Section 3 of this ordinance. SECTION 5. The City Manager or designee is authorized to appropriate $14,476.00 from the No.4220-21801-777 Wastewater Collection Line Trust Fund as funds become available to reimburse the Developer for the wastewater collection line construction and improvements in accordance with the Agreement. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Collection Line Extension and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Devonshire Custom Homes, Inc, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019 to develop a tract of land, to wit approximately 10.734 acres known as Westwood Heights Unit 4. Located on Sunny Dr., south of Leopard St. 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 Collection Line Extension ("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 Collection Line 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 Collection Line 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 Collection Line 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 Collection Line 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 Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 1 of 12 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 Collection 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 Collection 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 Collection Line Trust Fund. The City is not liable for modification or termination of the Wastewater Collection Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Collection 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: Project Details Line Description Quantity Unit Unit Price Total Contract Value Item 1 8" PVC PIPE 162 LF $ 110.00 $ 17,820.00 2 PAVEMENT PATCHING 1 EA $ 8,500.00 $ 8,500.00 Subtotal: $ 26,320.00 Engineering, Surve mg, and Testing (c( 10%): $ 2,632.00 Total Contract Value: $ 28,952.00 Reimbursement Amount on Off-Site (50%) $ 14,476.00 Credits: Total Reimbursable Amount: $ 14,476.00 Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 2 of 12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. 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 is $14,476.00. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $14,476.00 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 Collection Line 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 Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 3 of 12 reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 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 Collection Line 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 Collection Line Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Collection Line 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 Collection Line 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 Collection Line 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 collection line for which the credit was given, and an extension of the collection 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: Devonshire Custom Homes, Inc Navid Zarghooni 2129 Airline Rd 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 Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 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 Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 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) Deputy City Attorney For City Attorney Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 11 of 12 DEVELOPER/OWNER: Devonshire Custom Homes, Inc. 2129 Airline Rd. Corpus Christi, Texas 78414 By: Navid Zarghooni President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Navid Zarghooni, President of Devonshire Custom Homes, Inc. a Texas Corporation, on behalf of said company. Notary Public's Signature Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 12 of 12 EXHIBIT 1 STATE of TExas 4 STATE of TExas B wuxTY of xu[c[s g courvtt IF NumFs B RIVED ar THE IEPAftrMENT NI RTFY THAT wE ARE THE OWNERS OF ME OFEOMLOPMFM SEMTCES OFNRIESCItt OF SEE US ON AS EB ME BOU—NIES OF M CEE FOREGOING AVOROF THAT WE HAVE HAD SAD UAI IN —SURVEIEDD SUEDMICI. DEDICATED R IF NOT SRM0.AS MADE ME PURPo AS SHOWN,THAT STREETSSOEDM.4TFD TO THE PUBELCT11 pEVEMACRLOPMENTwOSEUR—ENGINEER ECRIWER AID MAT w SES OF DESCRIPTION AND DEDICATION THIS ME_DAY OF ]D— CATE HAVE ZARDHOCR,PRESIDENT STATE OF TEXAS g ES g STATE OF TEw+s B THE�OF CPI-ATORPUS CHMS'�uT D�ESCRm E POtANNNGw A IP-0)ON BEH4F OF EOUMY OF NIECES g iH5 ME_OAY OF 2— THIS INSTRUMENT WAS ACKNO—DCED BEFORE ME BY NAVID—HOONI,PRESIDENT OF CEW RRE CUSTOM HOMES.INC. FRIC vIUARRAI,P.E. -MEND¢.FRCP CHN. RET NOTARY PUBLIC, IN AND FOR THE STATE DF TEXAS STATE OF TEAS $ COUNTY of NIECES g I.I%RA SANDS.CLERK OF ME CC—COURT IN D FOR SAID COUI-,,DO STATE OF IEXA 9 HEREBr CERTIFY MAT ME FOREPoING INSTRUMENT DV1ED THE IF cpuxrc OF NumEs g 20 A.IS cERNFIcnTE OF num EMICATIR, M.WE H.RECF�TYEn PROFS'SinnALO ioxND ODRVEYDRPoOF CASS a H was—FOR RECORD IN Mr omcE ME DAY OF CONSTHUCII0 IN E MENIND ITHpEA LMr IIRECROµ ISTIAUE ANO WRREC PNo THAT J�a 3 IS WITH— oULr NE Im Y AT 0 CLAC N=M-,AND DcrvP�EOEOO SE AU DOT S UPON COMPIETOR OF SUSIVASON mR ME D o za THIS ME_wY of �r xD— !Ir —WITNESS MY �� Kw000 sT —EASE_ NIXON N, vELSH,R.P L.S. DR. �'-UN G..ST.! HAND D SEA-OF ME DAINTY TCOURTN AID FORSAD COUNTY AT OFFICE IN T�G W�0 CORPUS CHRIST!,NIECES COUNTY,TEXAS,ME DAY D YEAR IAST WRITTEN. ROCX NT. STATE OF TEXas g }� FASiWrooO CS.. CW O,mOD Orz.. DERutt KARA SANos,CLERK cwNTr OF NUECEs g e COUNTY COURT (NAME),HEREBY CER MAT AT WE ARE ME NIECES COUNTY,TEXAS HOLDERS OF A LED ON TH —PURPOSES ID C MAR ONSDEROTONS—TIER II EEXPRESSIIOSON u�0 OEOlfailON FOR ME 5DST Ui, Dr� �� NOV i 3 2019 D STATE OF TExAs g LOCATION MAP PLANNING-GN COUNTY OF NIECES B MIS INSTRUMENT WAS ACKNbNIEOCED REFIRE ME BY ,MLE,,OF PLAT OF THIS THE pAr IF zD- WESTWOOD HEIGHTS UNIT 4 ACRE TRACTE FOL—IG SHEET,A PRR TI TOT, DO CORPUS CHRISTI,DNUECES DCLU ,"' TEXAS BASS & WELSH ENGINEERING -«LnvO REG.NI.IIDozT c°iRisn,T S45°56'26'E 1215.73' s „� �� ° —s a o 00 -- -- _-- --_— __ ------ -- -- -- --- — --Ip-- ------ INO TRACT. °° s°.°° �°° I � RATRICIA=% InR60 s sr vszED ,sr vee SR sear sr ICzao S 350 S sa �Vozo°— ice°° — — 9330 Os I°mI.0 s aria s so Sr say°s saso s aso sl s as°s aso 9� Z me xRs—___—_ sOs< a I� R°xTlpx 1m°s u N C. x°PATRICIA..TUN V y — Z -- o IIV� --_—s -- -- �E0.w�EL—°°---- —_ 6°aa' —s =3➢A---- ss�� —°_ s _— --s•EEa_ 9.0 -- Y �m_____`\ ° \ �.ov sEE s°.ao N45°56'26'W.na1215.61' ar s. ss. 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STAT[RR TAS xaERT IS THE S. 11 a Ix THE mxG sTREJECT e�i n 0.Zi FDA A INNS L° AND TAEN°R 9.D AczH E CURVE DATA TCEI Nu wna`IT"I—AS 'lA 1.THE CORRus CHRISTITIE ZoNINC di AT..�C ASTIC CARS Gip A Axn eEA CR —i�'IN � QO CENTER or rR ONTING STREET RAVING LEVATU.N.. ,bY 13 ° TA,ns°R—T,CAC R°Ncs°N rxT s,TE STATE suaNERGE° P<AAIN Z979 Nx..�A.Nw mmI iN sETxT9 a TIT. RIANGERE°xIRExIT ExrsT °G PLAT OF pro. WESTWOOD HEIGHTS UNIT 4 TYPICAL STREET SECTION—60'ROW x e, z— CORPUS ACHRISTI,ANUECES TCOUNTY, TEXAS EXHIBIT 2 Reimbursement Agreement Application Development Services Department Submit the Application to: contractsandaareements ancctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: Z - Z , 22 Approved Plat Name: W2 �0J V►M+ Type of Public Improvements: Ownership and authorized signatories to enter into the agreement: Requested duration of agreement: Months Point of Contact Information: Contact Name: Contact Number: 3LQk' ��� �S�� Name of Company Entering into the agreement (L.L.C.; LP., Inc.): Address: Z 12R t' City: e C_ • State: I X ZIP: :lad Phone Number: 3� •q°f(Q '�ZSJ� The items listed below are required before an application can be processed: 1)❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2)Q $535.00 application fee for new agreements and addendums 3) Planning Commission approved plat (Final or Master Preliminary) 4) Cost estimate for project from a registered engineer 5) Public improvement plans or design memorandum 6) Warrantee Deed for the property associated with the project 7) Disclosure of Interest Form 8)R Form 1295 W-9 F , and a Corporate Resolution Applicant's Signatur Title City of Corpus Christi I Form No: DSD-3016 Rev.3.31.2020 Page 1 of 2 EXHIBIT 3 ---- COORPUS CHMST�9 HUEC EB COUWY9 7 EKAB e,m�w g � .'���'"M IF4END E1O5111�FMJt1116 IEGflID—PfmPOSFD FICIt1116 M1D MNft1ET1iNCE5 (MNO IPPUAiQNNCfS �r�ss .cuv wwew - O r cnm � ev.,ov�mmm�>cwe x4 ��� ^" Bum Cmsmoa o mn =mm.on a.�m�a y 'SITE" 10^ATION MAP S.YEET INOE% I COVER SHEET MO MISCELLANEOUS INFORMATION c cres..o mme..vw oww..un.w.uu.mnw.e.sm.+ SHEET] —C.C.IC NUO ORAMACE PEA',STREET I my e.m..c=w m.sn.nn..wemaa. MO SMRM SEWER FROFILES _ CALL BEFORE YOU DIG! SHEET 3 sn 111 S-wER-0—R PION u+C PROFIT ". SHEET 4 STORM WATER POLLCTION PREVEWON PLAN,ESTIMATE �, s SUMMARY ANO fi45E MAPS "�+T"`"�°""a"`�a'"'b•�n SHEET 5 SIflEEi&SIDEWALK OEiAILR -•^w�=�n�m�^'� Digitally signed by Jalal Ali Saleh, a•.m„®.m.R,P,�.m.w.. «me M m..m..a a a�a ��m.,oa wa�.n oEv w g t M.H. P.E. DN:cn-Jaialaalal M.H.Ali 5aleh, o-Clty bf COrpus rCv tt ''.,Christi,=Development " Services, sefn�'all.,iatalsCcctexas.com, >m C--US -yw Date:2020:12.15 16:36:66' nEil"' m..a man ..�=,,.s..a�w m.�e, -06'00' Pa. w� -.m rm mwx aa..mn 'rn rx.o.a..w.�.R.m.o ��v..w. v.o,me.u.oam aeec m.+rzrw soa mw m m amine ax SBA 5 0 ELS. E G N—N Baum IMPROVEMENT'TO ,_ „ r re ^'" ..".aw..waeomm.=own u.a=..sa aKne WESTWOOO HEICHtsVIT4 ,m a ur,un sex a.N^•xn v%unc CORPUS C4'RISTi,NUELES C OVER SHEET AuO uIELELLANEOUs INFCRUATION "T'"�T'T!8k S45'56'26'E 1215.7 rFyo 2 L---------- (D ly tj F-A HI--I- -- --------------- - --------- --------- —---- --------- --------- - u 1H `41 'A XT.V 1n 88 HE .14to ' ---------- t tzzt N45'56'26-W 1005.62' S-E, 'G.EG I 1- 11- 75 .... -------------- m. ---- ---- ----- ------------------- --L"-------- ------ ------i:�'—L1----- -------- ----------- 'In ------------------- -------------- ------ lI - �5 65 60 r) Digitally signed by Jalal M.H. 60 PLANS ARE RELEASED FOR,' Ali Sal,h,P.E. CONSTRUCTION ON:ch=Jalal M.H.Ali Saleh, DFVELOPMENT5ENACES P.E.,o=City of Corpus Christi, CuTFws b-d vu=Developrnent Services, _iH IN Chsisii U DC 3.8.5.F IA 19 201 W' einaiJ7=jal#) cctexas.com, V1U.TWOO1UC ITE—ETSMEZUN67 --,c--bs '0.... cower, ES HEIGHIT 4 e T-S IINAINAGI 1L. Date:2020.12.15 16:36:30 G .... Sl-INGIULIS -06'00' IGCTr IIII '1 Digitally signed by Jalal I M.H.Ali Saleh,P.E. r-� eora'a. DN:—Jala1 MLH.Ali w =.,Saleh,P.E.,o=City of ...,o>aEN SE r ... A. RT,Corpus Christi, ou=Development *' email=jalals @cdeXDs.com, ate _ _ r' c=US Date:2020.12.1516:37:43 ^° -06'00' a worx,. i,PICAL STREET SECTION-60'rs ROW D' -.MA �.uw.ww,wK _,ne 0.e'uwwm wm BASS ANO WEyl15N E ERI�N POZ-LOCn SRN RSUPPORT ASSEMBLY n N6T5 T TB vESivOt)D NE ICNTS UNI A CORPUS CHRISrI, NUECES Cu TX STREET AND SIDEVALN DETAILS EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 18073-PCE-SS 09/03/24 WESTWOOD HEIGHTS SANITARY SEWER REIMBURSEMENT ESTIMATE SANITARY SEWER ITEMS,REIMBURSABLE BY CITY QUANTITY UNIT AMOUNT 1 8"PVC PIPE 1 162 LF 1 110.001 17,820.00 2 PATCH PAVEMENT 1 LS 8,500.00 8,500.00 TOTAL SANITARY SEWER ITEMS $26,320.00 NOTE: PRICES SHOWN AS FURNISHED BY DEVELOPER 10%ENGINEERING,SURVEYING,&TESTING 2,632.00 *.OF rr SUB-TOTAL $28,952.00 �t •,� ti:• MAXIMUM REIMBURSEMENT OF ABOVE SUB-TOTAL=50%= 14,476.00 INpoQN M.WfLSH;•� Page 1 of 1 Reimbursement Agreement Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1 ). City Council October 22, 2024 Aerial Overview It�Q o� vQd es- � 1r C �00 O �p �o 0 SG yyi �O 'c` P� 1 F %Yy o� 0 12s zso Soo Feel 2 Total Reimbursement Estimate Project Details Line Description Quantity Unit Unit Price Total Contract Value Item 1 8"PVC PIPE 162 LF 110. $ 17,820.00 2 PAVEMENT PATCHING 1 EA 8,500.00 $ 8,500.00 Subtotal: $ 26,320.00 Engineering,Surveying,and Testing(@ 10%): $ 2,632.00 Total Contract Value: $ 28,952.00 Reimbursement Amount on Off-Site(50%) $ 14,476.00 Credits: Total Reimbursable Amount: $ 14,476.00 Trust Fund Balance as of October 10, 2024 Available Combined Trust balance as of previous agreements is: -$2,274,529.06 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,662,244.16 $515015.89 -$319828.16 $3689527.37 Upon approval, the Trust Funds will be: -$2,289,005.06, which does not include another project presented earlier. Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5. 1.C. SC w o V NoRPo�pYo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 29, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Brett Van Hazel, Director of Asset Management brettvh(u-)-cctexas.com (361) 826-3273 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(o-)cctexas.com (361) 826-3169 Service Agreement for Mobile Tire Repair Services for the City Fleet CAPTION: Motion authorizing the execution of a three-year service agreement with Southern Tire Mart, of Corpus Christi for mobile tire repair services for City fleet vehicles and equipment in an amount up to $223,807.00, with FY 2025 funding of$68,385.47 from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year service agreement with Southern Tire Mart, LLC. for mobile tire repairs services for City fleet vehicles and equipment. BACKGROUND AND FINDINGS: The purpose of this three-year service agreement is to provide mobile tire repairs for the City's fleet vehicles and equipment. City Departments regularly use mobile tire repair services through Asset Management's mobile tire repair service agreements.These departments include but are not limited to Animal Cares, Development Services, Engineering, Gas, Parks, Police, Public Works, Solid Waste, and Corpus Christi Water. To utilize the mobile tire repair services, City Departments pay allocations from their annual budgets to Asset Management. Through this service agreement, Southern Tire Mart, LLC. will provide mobile tire repairs services during regular working hours, after hours, and on holidays. The mobile tire repair services will include patching holes and replacing valve stems to fix flat tires and dismounting/mounting tires onto wheels if complete tire replacements are warranted. The mobile tire repair services will be available to three groups of vehicles and equipment: Group 1 (light passenger and truck tires for vehicles and equipment less than 19,500 pounds), Group 2 (medium duty tires for vehicles and equipment greater than 19,500 pounds), and Group 3 (construction and off-road tires for construction and heavy equipment). Previously, the City had two mobile tire repair services agreements: a primary agreement with E.B. Creager Tire & Battery for $166,000 and a secondary agreement with Southern Tire Mart, LLC. for $80,000. The primary agreement with E.B. Tire & Battery was originally set to expire in August 2024; however, the City extended the agreement with E.B. Tire & Battery until February 2025 to ensure continued tire repair services remained available through the procurement process for a new tire repair services agreement. The secondary agreement with Southern Tire Mart, LLC. expired in May 2024. Since FY 2021, the City has averaged approximately 580 tire repair services per year. Asset Management does anticipate the average number of tire repair services to increase over time as the City adds additional units to its fleet. For FY 2025, Asset Management estimates that over 600 tire repair services will be needed for the City's fleet. However, Asset Management has determined that two agreements (primary and secondary) for tire repair services are no longer necessary as just one agreement is able to fulfill the City's demand for tire repair services. Additionally, Asset Management now has three in-house technicians that are also able to perform tire repair services, although they are not available after hours or on holidays and are not capable of performing certain tire repair services. The proposed agreement also includes $46,245 for the purchase of new tires when repairs cannot be made to existing tires. The purchase of new tires was not part of the previous agreements with E.B. Creager Tire& Batter and Southern Tire Mart, LLC. Instead, the City purchased tires as needed from various market vendors. This led to increased costs and less reliability. Southern Tire Mart, LLC. performed very well during their previous three-year service agreement, performing over 1,000 tire repairs for the City's fleet. Asset Management recommends continuing to work with them for mobile tire repair services through the proposed three-year service agreement. PROCUREMENT DETAIL: Procurement staff issued a Request for Bids (RFB) solicitation to obtain bids for mobile tire repair services. The City received three responses. Two of the bids were determined to be responsive and responsible, and one was determined to be non-responsive for not submitting their bid on the required City bid form. The RFB detailed that the award would be recommended to the lowest bid for each of the three tire groupings: Group 1 (light passenger and truck tires for vehicles and equipment less than 19,500 pounds), Group 2 (medium duty tires for vehicles and equipment greater than 19,500 pounds), and Group 3 (construction and off-road tires for construction and heavy equipment). Procurement staff recommends Southern Tire Mart, LLC., as the lowest, responsive, responsible bidder for all three groups (Groups 1, 2, and 3). Below is a table that summarize the pricing difference between Southern Tire Mart, LLC. and E.B. Creager Tire & Battery for the three groups (Groups 1, 2, and 3). Vendor Group 1 Group 2 Group 3 Total Pricing Pricing Pricing Pricing Southern Tire Mart $57,509.25 $130,587.00 $35,710.75 $223,807.00 E.B. Creager Tire & $71,069.25 $156,765.10 $48,960.35 $276,794.70 Battery ALTERNATIVES: The alternative is not to approve the service agreement and instead purchase services as needed when mobile tire repairs are needed. However, this would result in higher prices for as-needed services. Also, Asset Management's three in-house technicians would not be able to keep up with the demand for tire repair services, which would result in added downtime for vehicles and equipment in the City's fleet. FISCAL IMPACT: The FY 2025 fiscal impact for the Fleet Maintenance Service Fund is $68,385.47. The remaining amount of$155,421.53 will be budgeted in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maintenance Service Fund Organization/Activity: 40170 Fleet Operations Department: 13 Project # (CIP Only): N/A Account: 530100 Amount: $68,385.47 RECOMMENDATION: Staff recommends approval of the motion authorizing a three-year service agreement with Southern Tire Mart, LLC. for mobile tire repairs for the City fleet vehicles and equipment, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement CITY OF CORPUS CHRISTI BID TABULATION FINANCE&PROCUREMENT RFB#6028 BUYER:DESIRREE ORTIZ MOBILE TIRE REPAIR FOR FLEET MAINTENANCE September 5,2024 Southern Tire Mart,LLC E.B.CreagerTire&Battery, Inc. *Goodyear Tire&Rubber Co. Group 1 - Light Passenger and Truck Tires Columbia,MS Corpus Christi,TX Akron,OH d63 ITEM DESCRIPTION UNIT UOM TOTAL PRICE UNIT TOTAL PRICE UNIT TOTAL PRICE 1 Service Call EA $50.00 $16,500.00 $70.00 $23,100.00 2 Service Call After Hours EA $60.00 $3,900.00 $100.00 $6,500.00 3 Service Call-Holiday EA $60.00 $1,500.00 $100.00 $2,500.00 4 Out of Town Mileage Per Mile $0.55 $30.25 $1.00 $55.00 5 Mount and Dismount EA $18.00 $6,534.00 $10.00 $3,630.00 6 Tire Repair EA $22.50 $1,237.50 $18.00 $990.00 7 Misc.Valve Stems EA 35 $2.50 $87.50 $2.95 $103.25 8 Tire EA 180 $154.00 $27,720.00 $189.95 $34,191.00 Total $57,509.25 $71,069.25 Southern Tire Mart,LLC E.B.CreagerTire&Battery, Inc. *Goodyear Tire&Rubber Co Group 2-Medium Tires Class B Columbia,MS Corpus Christi,TX Akron,OH 3 YR ITEM DESCRIPTION UNIT QTY UOM TOTAL PRICE UNIT TOTAL PRICE UNIT TOTAL PRICE 9 Service Call EA 1170 $55.00 $64,350.00 $70.00 $81,900.00 10 Service Call After Hours EA 99 $70.00 $6,930.00 $100.00 $9,900.00 11 ISerVice Call-Holiday EA 23 $70.00 $1,610.00 $100.00 $2,300.00 12 Out of Town Mileage Per Mile 330 $0.55 $181.50 $1.00 $330.00 13 Mount and Dismount EA 1500 $25.00 $37,500.00 $25.00 $37,500.00 14 Tire Repair EA 55 $25.00 $1,375.00 $35.00 $1,925.00 15 Misc.Valve Stems EA 33 $3.50 $115.50 $4.95 $163.35 16 Tire EA 65 $285.00 $18,525.00 $349.95 $22,746.75 Total $130,587.00 $156,765.10 Southern Tire Mart,LLC E.B.CreagerTire&Battery,Inc. *Goodyear Tire&Rubber Co. Group 3-OTR(Off the Road)Tires Columbia,MS Corpus Christi,TX Akron,OH 3 YR ITEM DESCRIPTION UNIT QTY UOM TOTAL PRICE UNIT TOTAL PRICE UNIT TOTAL PRICE 17 Service Call EA 230 $55.00 $12,650.00 $70.00 $16,100.00 18 Service Call After Hours EA 33 $70.00 $2,310.00 $100.00 $3,300.00 19 ISerVice Call-Holiday EA 23 $70.00 $1,610.00 $100.00 $2,300.00 20 Out of Town Mileage Per Mile 165 $0.55 $90.75 $1.00 $165.00 21 oun an ismounSmallEA 30 $21.50 $645.00 $35.00 $1,050.00 22 Mount and Dismount EA 100 $53.50 $5,350.00 $75.00 $7,500.00 23 Large Tires EA 100 $80.50 $8,050.00 $100.00 $10,000.00 24 Tire Repair EA 55 $80.50 $4,427.50 $150.00 $8,250.00 25 Misc.Valve System EA 33 $17.50 $577.50 $8.95 $295.35 Total $35,710.75 $48,960.35 *Non Responsive-The vendor did not provide the City bid form. Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 ,bus C. 00 � 0 > SERVICE AGREEMENT NO. 6028 U Mobile Tire Repairs for Fleet Maintenance NO RPON Af� 1852 THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southern Tire Mart LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 6028 ("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 Mobile Tire Repairs for Fleet Maintenance ("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. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 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. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $223,807.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Javier Flores Department: Asset Manangement - Fleet Division Phone: 361-826-1914 Email: javierf@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event 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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. 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: Javier Flores Title: Garage Service Foreman Address: 5352 Ayers Bldg. 313, Corpus Christi, Tx 78415 Phone: 361-826-1914 Fax: 361-826-4394 IF TO CONTRACTOR: Southern Tire Mart LLC Attn: Richard Conwill Title: Director of Government Sales Address: 800 Highway 98, Columbia, MS 39429 Phone: 877-786-4681 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 Fax: 601-651-0655 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 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. 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. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 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 7 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 CONTRACTOR Oocusigned by: Signature: Kaw� Richard conwill Printed Name: Title: Director of government sales Date: 9/19/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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. 6028 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this scope of work. Repairs may be at offsite locations or at City facility locations. 1.2 Service Requirements A. Contractor shall provide mobile tire service for Fleet vehicles as needed during regular working hours and after hours. 1 . Regular working hours - Monday through Friday 5:00am to 5:00pm. 2. After hours - Monday through Friday 5:01 pm to 5:00am, weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the City department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If the Contractor is not available to respond to the service call, another Contractor will be called. D. The Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City department that has requested the repair service. E. The Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the City's Service Center at 361- 826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the City's Service Center and replace the tire. H. If tire is not in stock at the City's Service Center, a tire will be ordered by the City's Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet division has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the City's Service Center for disposal. Revised 1 1.30.20 Page 1 of 2 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.4 Special Instructions A. All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1 . Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number. 5. Purchase Order Number. B. Any unauthorized changes or services performed by the Contractor will be the responsibility of the Contractor. Revised 1 1.30.20 Page 2 of 2 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 ATTACHMENT B: BID/PRICING SCHEDULE bus c� CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT BID FORM QonroeE �sg2 RFB No.6028 Mobile Tire Repairs for Fleet Maintenance PAGE 1 OF 1 Date: 8/28/2024 Authorized j Bidder: Southern Tire Mart 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. Group 1 - Light Passenger and Truck Tires Item Description Unit 3-GYear Unit Price Total Price 1 Service Call EA 330 $ 50 $ 16,500 2 Service Call After EA 65 $ 60 $ 3,900 Hours 3 Service Call - Holiday EA 25 $ 60 $ 1,500 4 Out of Town Mlleage Per Mile 55 $ 0.55 $ 30.25 5 Mount and Dismount EA 363 $ 18 $ 6,534 6 Tire Repair EA 55 $ 22.50 $ 1,237.50 7 Misc, Valve Stems EA 35 $ 2•50 $ 87.50 8 Tire EA 180 $ 154 $ 27,720 Total $ 57,509.25 Page 1 of 2 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 Group 2 - Medium Tires Class B Item Description Unit 3 Qt ar Unit Price Total Price 9 Service Call EA 1 170 $ 55 $ 64,350 10 Service Call After EA 99 $ 70 $ 6,930 Hours 1 1 Service Call - Holiday EA 23 $ 70 $ 1,610 12 Out of Town Mileage Per Mile 330 $ 0.55 $ 181.50 13 Mount and Dismount EA 1500 $ 25 $ 37,500 14 Tire Repair EA 55 $ 25 $ 1,375 15 Misc, Valve Stem EA 33 $ 3.50 $ 115.50 16 Tire EA 65 $ 285 $ 18,525 Total $ 130,587 Group 3 - OTR (Off the Road) Tires Item Description Unit 3 Qt ar Unit Price Total Price 17 Service Call EA 230 $ $ 12,650 18 Service Call - After EA 33 $ 70 $ 2,310 Hours 19 Service Call - Holiday EA 23 $ 70 $ 1,610 20 Out of Town Mileage Mee 165 $ 0.55 $ 90.75 Mount and Dismount - 21 Small Tires EA 30 $ 21.50 $ 645 Mount and Dismount - 22 Medium Tires EA 100 $ 53.50 $ 5,350 23 Mount and Dismount - EA 100 $ 80.50 $ 8,050 Large Tires 24 Tire Repair EA 55 $ 80.50 $ 4,427.50 25 Misc, Valve Stem EA 33 $ 17.50 $ 577.50 Total $ 35,710.75 Page 2 of 2 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 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 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 Page 1 of 3 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 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. 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. Page 2 of 3 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 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 required for this Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 Docusign Envelope ID:2EB9AE94-ECDB-45D7-9FC7-D29DDF8189B3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, the Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install a new tire and a new invoice will be generated for the service. Page 1 of 1 se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 29, 2024 DATE: October 29, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Director of Water Systems and Support Services NickW(a)cctexas.com (361) 826-1796 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Pump Repair Contract for CCW Facilities CAPTION Motion authorizing execution of a three-year service agreement, with two one-year options, with Excel Pump & Machine, Inc., of Robstown, in an amount not to exceed $1,599,980.00, with a potential up to $2,666,633.33 if options are exercised, for maintenance and repairs to pumps at CCW facilities with FY 2025 funding of $533,326.67 from the Water Fund. SUMMARY: This motion authorizes a three-year service agreement, with two one-year options, for pump repairs used in raw water delivery and the water treatment process. This service agreement will be utilized to repair and maintain pumping equipment located at the O.N. Stevens Water Treatment Plant, Nueces River Pump Station, Distribution Pump Stations, and the Mary Rhodes Pipeline Pump Stations. These pumps are critical for the delivery of raw water to be treated and furnish treated water through the distribution system to our customers. BACKGROUND AND FINDINGS: The O. N. Stevens Water Treatment Plant, Nueces River Pump Station, Sand Dollar Pump Station, Staples Pump Station, Navigation Pump Station, Bloomington Pump Station, and the Woodsboro Pump Station have a combined inventory of over 46 pumps. The manufacturers of these pumps include Flowserve, Peerless, Cascade, Grundfos, Pentair, and Patterson. The water system relies on its pump inventory to supply, maintain, and move water from the source to the O. N. Stevens Water Treatment Plant, and throughout the distribution system. The City has a responsibility to maintain uninterrupted service and pressure through over 1,700 miles of pipeline to distribute water to all wholesale, commercial, industrial and residential customers of the Corpus Christi Water. The number and location of the pumps are shown in the table below. Location Number of Pumps Nueces River Pumping Station 7 O.N Stevens Water Plant 16 Staples Pump Station 3 Navigation Pump Station 3 Sand Dollar Pump Station 3 Holly Elevated Storage Tank 2 Rand Morgan Elevated Storage 2 Tank Flour Bluff Elevated Storage 2 Tank Bloomington Pump Station 4 Woodsboro Pump Station 4 PROCUREMENT DETAIL: Finance & Procurement conducted a competitive process to obtain formal bids. The City received seven responsive responsible bids for this project. The bidders were Excel Pump & Machine, Inc., Universal Tool & Die, Odessa Pumps, JMF Repair LLC, CD Electric, Lewis Electric Motors and Pumps, and Smith Pump Co. After review, staff is recommending the award to Excel Pump & Machine, Inc., which is the lowest responsive bidder. Excel Pump & Machine, Inc. is located in Robstown, Texas. They hold existing contracts with the City to repair and service pumping equipment for CCW including the maintenance and service with the pump station associated with the MRP at the Colorado River at Bay City, Texas. They have and continue to perform well to meet the contractual requirements and the expectations of CCW. Additionally, Excel Pump & Machine, Inc. is the incumbent contractor for this specific contract. In comparison to the previous contract with the same vendor the labor rates have decreased, and percentage markups have increased. The overall contract amount has increased due to the inclusion of additional allowances for pump repairs and a slight increase in the allowance for shipping and replacement allowances. The tables below highlight the differences between the proposed and previous contracts. Description 2021 2024 Variance Shop Labor 4,800hrs $65.00 5,OOOhrs $59.50 (Normal) ($5.50/hr) Shop Labor 600hrs $65.00 600hrs $59.50 (Emergency) ($5.50/hr) Field Labor Ohrs $0 360 $59.50 Allowance Mark Up Allowance Mark Up o Parts $375,000 15% $550,000 18% 3% Shipping 1 $39,000 1 $44,000 Allowance Replacement Allowance $0 $500,000 ALTERNATIVES: The alternative to awarding this contract would be to forego maintenance and award emergency contracts for repairs as needed as CCW does not have the equipment, tooling, and specially trained employees who can complete these repairs. Not properly maintaining and repairing these pumps as required would lead to longer down-times which have the potential to interrupt treatment and service capabilities. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY2025 is $533,326.67. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 31010 O.N. Stevens Water Treatment Plant Department: 045 Treat Water Project # (CIP Only): N/A Accounts: 530215 Maintenance & repairs — Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement, with two one-year options, with Excel Pump & Machines, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Presentation Service Agreement City of—p-Christi Bid T.W.ficii, —.—-t Depa--t RFB#61332 Senior Buy—Cynthia P— Pump Repairs f.,O.N.Stevens W.I.,T—fi—t Plant Excel Pump&Machines lnc U.i.—I—1&Di. *Ode..ft.p. JMF Repair U-C CD El.dlbi. Electric M.t—&P—P, Smith Pump C.y R.b..— Corp..Ch,idi,T... —p.Ch,idi,T... Ode.,T... —p-Ch,i Ai,T... Harlingen,T... ITEM Description —1: }Y'QTY Unit Pd.. T-1— Unit Price T-1—. Unit Price T-1—. Unit Price T-1 Price Unit Price T-1—. Unit Price T-1 Price Unit Price T-1 li.. Sh.p Labor N.—I H..,,(M HR 5'000 $ 59.50 $ 297,W0.00 $ 65.00 $ 325,WD.M $ 75.130 $ 375,000.W $ 85.00 $ 425,000.00 $ 100.1313 $ 5W,000.W $ 120.013 $ 6W,WD.00 $ 1135.130 $ 525,000.W F 8:00....-5:00 p...) 2 Shop L.boy- HR 6W $ 59.50 $ 35,700.00 $ 70.00 $ 42,DW.00 $ 112.50 $ 67,5W.00 $ 127.50 $ 76,5W.00 $ 150.00 $ 90,000.00 $ 1W.00 $ 90,000.00 $ 105.00 $ 63,DW.00 Npdftd/E-9-,y 3 Field Lebo,-Normal H... HR sm $ 59.50 $ 52,3W.00 $ 70.00 $ 61,6W.00 $ 75.00 $ 66,DW.00 $ 85.00 $ 74,8W.00 $ 150.00 $ 132,000.W $ IW.DD $ IQ,WO.W $ 115.00 $ 101,200.W (M-F 8:00....-5:00 p...) 4 Field Labor- HR 3W $ 59.50 $ 21,420.00 $ 70.00 $ 25,2W.00 $ 112.00 $ 4111111 N dft.d/E—-,y $ 127.50 $ 45,9W.DO $ 225.00 $ 81,DW.DD $ 2W.DO $ 72,DW.OD $ 175.00 $ 63,DW.DD p9 Pickup Charge from �.CWV' 5 location ...ti_t.C__.t.es EA 70 $ $ $ $ $ $ 1W.00 $ 30,500.00 $ $ 1,300.00 $ 91,DW.00 bus ass location Delivery Charge from Contractors sin 1, ti.n El 70 $ $ $ $ $ $ � w$ 1 .Do $ lo,5 .o $ W 1,3DD.00 $ 91,O .OD t,City"I—thin Estl=p nd Mark up% Estl= E� E�ti— d�p.n Eq=p.ncl E�=p—cl Mark up% Estimated spend E.i—t.cl Spend M.,k up% kpEnd Mark P% i,=kpnd Mark up% t, J Mark up% Mark up% up pus up pi.�� p k pi up pi pl.�..,k.p pi k.p pi up pus..,k.p 7 Parts/Materials wm WW W W W$ 5 ' o 18% $ 649, O. 15% $ 632,5DO. 38% $ 76388889 35% $ 742,5DO. 15% $ 632,5DD. 25% $ 687,500.00 20% $ 6W,000.00 8 Freight Allows n..f., $ 44,ow.00 $ 44,000.00 $ 44,DW.00 $ 44,DW.00 $ 44,DW.00 $ 44,000.00 $ 44,000.00 $ 44,DW.00 P-qm—'mb 9 Full ll.pkim—t Allowance EA $ 5W,WD.00 $ 500,000.00 $ 500,000.00 $ 5W,000.W $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 T..I $ 1,599,980.00 $ 1,630,3W.00 1,856,708.891 $ 1,908,700.00 2,000,5W.00 $2,134,3W.00 2,138,2W.00 Math J.—.tt2-$.,3. line—,kpp-9% ]63,888%9/550,W0=1.3888 C ecu,d total is$1,856,70&89 Math Error. ine]correct M.,k.p.d:SE87,500 550,000z 1.25-687,500 Tut.1 was not listed on bid,---d—1 is$2,134,2100.00 off' SERVICE AGREEMENT NO. 6032 U � Pump Repairs for O.N. Stevens Water Plant NaerunnE 1852 THIS Pump Repairs for O.N. Stevens Water Plant Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Excel Pump & Machine, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pump Repairs for O.N. Stevens Water Plant in response to Request for Bid/Proposal No. 6032 ("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 Pump Repairs for O.N. Stevens Water Plant ("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. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Periods)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,599,980.00, subject to approved extensions and changes. Payment will be Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Corpus Christi Water Phone: (361) 826-1827 Email: Dianaz@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event 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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. 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: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361 ) 826-1827 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Excel Pump & Machine, Inc. Attn: Randall Houghton Title: President Address: 1450 E. State Hwy. 44, Robstown, Texas 78380 Phone: (361 ) 387-4508 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (361 ) 387-8844 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 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. 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. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 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 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: •�'�� ���/JG/ Ty�t� Title: /%�' � l��' 7- Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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. 6032 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements A. The Contractor shall provide pump repairs at the O. N. Stevens Water Treatment Plant (ONSWTP) and all booster and raw water pump stations operated by ONSWTP for Corpus Christi Water outlined in this Scope of Work. B.The City's pump inventory for this contract, outlined in this Scope of Work, consists of approximately 39 pumps. Pump brands may include the following: Byron Jackson, Fairbanks Morse, Flowserve, Cascade, Peerless, Flygt and Allis Chalmers C. The Contractor shall provide repair services on an as needed basis. D. The Contractor shall provide labor, material, parts, and transportation necessary to perform the services. 1.2 Scope of Work A. The Contractor's work shall include, but is not limited to, disassembly, inspection, repair, and rebuilding of pumps. B. Typical pump evaluation or repair may include, but is not limited to, stator, shaft, impeller, volute, seals, gaskets, stuffing box, packing gland and bearings. C. General machine work and/or repair shall consist of but is not limited to balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabricating, sand blasting, and coating of pump. D. The Contractor shall clean using steam, grit or solvent to obtain accurate measurements, and for non-destructive evaluation. E. All repairs shall be in accordance with current pump nameplate data and conditions, drawings, standards and/or OEM specifications. If the pump is missing nameplate data, refer to City staff for additional information. F. After repairs, the pump(s) shall be repainted to manufacturer recommendation and specification, in a color approved by the City and super coated equal to manufacturer recommendation or better. G. The City's equipment while in Contractor's possession must be properly stored and secured at all times. H. The City reserves the right to inspect the pump at any time during the repair. I. The Contractor facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services at the City's expense. Revised 11.30.20 i J. The City reserves the right to audit the Contractor's project costs at any time during the Contract term. As repairs are needed, the City will contact the Contractor via email and/or phone. The Contractor will be responsible for picking up and delivering the pumps in a flatbed or trailer capable of transporting at least 5000 lbs. K. Field labor may be required, including but not limited to teardown, field repairs and assistance in the field. L. The Contractor will pick up the pumps within 24 hours of the City's notification. The City staff will load and unload the pumps to/from the Contractor vehicle. M. Upon receipt of pump, the Contractor will inspect the pump and submit an inspection report and repair estimate based on pricing outlined in the contract within five business days after receipt of pump. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos including a "No Destructive Testing Report" added to the "As Received Report". For larger or specialty pumps that may require longer than five business days, the Contractor shall notify the City prior to the end of five business days so additional time can be negotiated as warranted. a. Estimate must include travel time if the location is greater than 30 miles from the O. N. Stevens Water Treatment Plant (ONSWTP) and will be charged to Field Labor Line. Time will be charged at a 1 :1 rate whereas 1 hour of travel time is equivalent to 1 hour of field labor regardless of the personnel allocated to travel. b. Travel time not permitted for locations 30 miles or less from ONSWTP. i N. If the repair estimate is not economical for the City to proceed with the repair, then the Contractor shall provide comparative analysis between the replacement and repair costs. The City may decide to buy a new pump through a new solicitation. O. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: a. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed ten business days, the Contractor must define the completion time, and outline the reason for the delay. b. List of parts/components to be repaired and/or replaced and costs of parts c. Shipping costs for parts/materials d. Costs to expedite parts/materials (will be deducted from the shipping allowance), if requested and approved by a City representative. Revised 1 1.30.20 e. Parts/materials mark-up as specified in the contract. f. Hourly labor costs at rates set by Contract, to include Regular Time, and Expedited or emergency repair (if approved). g. Pump replacement cost - if Contractor deems items not repairable a replacement cost shall be submitted to the City for review and approval. P. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards Q. If the estimate is accepted and work performed, the Contractor's invoice shall not exceed the estimated amount unless previously authorized by the Contract Administrator in writing prior to the work being performed. R. After repairs are completed, a mechanical documentation repair report must be submitted. The report shall contain post-repair findings, including but not limited to the following: cover page, as received photographs and final photographs, balance report and Non-Destructive Testing reports. S. Expedited and emergency hours must be authorized in writing by a City representative. The City may ask for prioritization for emergency repairs. 1.3 Invoicing The Contractor must submit an itemized invoice for payment, which shall contain the following information: 1 . Purchase Order (P.0) Number and Service Agreement Number 2. Pump Location/Address 3. Serial number of equipment 4. Description of Service 5. Total hours billed; Overtime hours will include a written approval by City staff. 6. Itemized list of parts/materials 7. Invoices for parts/materials (to verify markup) 8. Shipping costs for parts/materials 1.4 Warranty A. The Contractor shall warrant that work performed conforms to the specification and is free of any defects in equipment, material or workmanship performed by the contractor or any of its subcontractors or suppliers. All work provided by the Contractor shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. B. Material shall be warranted against material defects and defects in workmanship for a period of 1 year. The warranty period shall commence upon Revised 11.30.20 date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer's warranty. The Contractor shall be responsible for the warranty. The Contractor shall provide the City with all manufacturer's warranty documents upon completion of service. C. The Contractor must provide onsite technical support within 24 hours of notification by the City. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. 1.6 Work Site Locations Pumps are located at the locations listed below. The City reserves the right to add additional locations as needed. A. Raw Water Building One (Nueces River Raw Water Complex): Raw Water Pump 1 Flowserve Vertical Turbine - Model 36ENM-1/885RPM Raw Weter Pump 3 Flowserve Vertical Turbine - Model 35ELL-1/885RPM Raw Water Pump 4 Flowserve Vertical Turbine - Model 35ELL-1/885RPM B. Raw Water Building Two (Nueces River Raw Water Complex): Raw Water Pump 7 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Pump/22000 GPM, 115 FT TDH Raw Water Pump 8 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Pump/22000 GPM, 115 FT TDH Raw Water Pump 9 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Pump/22000 GPM, 115 FT TDH Raw Water Pump 10 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Pump/22000 GPM, 115 FT TDH Revised 11.30.20 C. High Service Building Two (Plant/Treated Water): High Service Pump 8 Flowserve 40OLNN800 - Horizontal Split Case Pum /13700 GPM, 260 TDH High Service Pump 9 Flowserve 40OLNN800 - Horizontal Split Case Pump/13700 GPM, 260 TDH High Service Pump 10 Flowserve 40OLNN800 - Horizontal Split Case Pump/13700 GPM, 260 TDH High Service Pump 11 Flowserve 40OLNN800 - Horizontal Split Case Pump/13700 GPM, 260 TDH D. High Service Building Three (Plant/Treated Water): High Service Pump 12 Flowserve 40OLNN800 - Horizontal Split Case/13700 GPM, 260 TDH High Service Pump 13 Flowserve 40OLNN800 - Horizontal Split Case/13700 GPM, 260 TDH High Service Pump 14 Flowserve 40OLNN800- Horizontal Split Case/13700 GPM, 260 TDH High Service Pump 15 Flowserve 40OLNN800 - Horizontal Split Case/13700 GPM, 260 TDH High Service Pump 16 Flowserve 40OLNN800 - Horizontal Split Case/13700 GPM, 260 TDH High Service Pump 17 Flowserve 40OLNN800- Horizontal Split Case/13700 GPM, 260 TDH E. Low Lift Pump (Raw Water/Pre-Sed Basin): Low Lift Pump 1 Cascade 24P, 1 Stage Vertical Turbine Pump/15,200 GPM 21 .9 TDH Low Lift Pump 2 Cascade 24P, 1 Stage Vertical Turbine Pump/]5,200 GPM 21 .9 TDH Low Lift Pump 3 Cascade 24P, 1 Stage Vertical Turbine Pump/15,200 GPM 21 .9 TDH F. Wash Water Pumps (Plant/Treated Water- Filter Backwash): Wash Water Pump 3 Flowserve 23EPH-1 Vertical Turbine Pump/1 180 RPM, 9000 GPM Wash Water Pump 5 Peerless 24HH-OH-1 Vertical Turbine Pump, 9000 GPM 71 TDH Wash Water Pump 7 Peerless 24HH-OH-1 Vertical Turbine Pump, 9000 GPM 71 TDH Revised 1 1.30.20 G. Staples Booster Pump Station (Treated Water): Pump 1 Flowserve IOLR-178B - Horizontal Split Case/5208 GPM Pump 2 Flowserve IOLR-178B - Horizontal Split Case/5208 GPM Pump 3 Flowserve IOLR-178B - Horizontal Split Case/5208 GPM H. Navigation Booster Pump Station (Treated Water): Pump 1 Flowserve 350LNN-725-A/I6x2OLNN/7000 GPM/140 TDH Pump 2 Flowserve 350LNN-725-A/I6x2OLNN/7000 GPM/140 TDH Pump 3 Flowserve 350LN N-725-A/I 6x2OLN N/7000 GPM/140 TDH I. Sand Dollar Booster Pump Station (Treated Water): Pump 1 Flowserve IOLR-17B Horizontal Split Case Pump Pump 2 Flowserve IOLR-17B Horizontal Split Case Pump Pump 3 Flowserve 1 OLR-17B Horizontal Split Case Pump J. Holly Elevated Storage Tank: Holly PS Pump 1 Grundfos 29 - 14152 Horizontal Split Case/4436 GPM, 34.40 TDH Holly PS Pump 2 Grundfos 29 - 14152 Horizontal Split Case/4436 GPM, 34.40 TDH K. Rand Morgan Elevated Storage Tank: Rand Morgan PS Pump 1 Grundfos 29 - 14152 Horizontal Split Case/4436 GPM, 34.40 TDH Rand Morgan PS Pump 2 Grundfos 29 - 14152 Horizontal Split Case/4436 GPM, 34.40 TDH Revised 11.30.20 I L. Flour Bluff Elevated Storage Tank: Flour Bluff Elevated Storage Pentair Centrifugal Pump 411 N LFC/1 180 Tank RPM/400 GPM/75 FH M. Woodsboro Pump Station (Mary Rhodes Pipeline): WPS Pump 202 Patterson - 20x18 MABS/1 195RPM, 12500 GPM WPS Pump 203 Patterson - 20x18 MABS/1 195RPM, 12500 GPM WPS Pump 204 Patterson - 20x18 MABS/1 195RPM, 12500 GPM WPS Pump 205 Patterson - 20x18 MABS/1 195RPM, 12500 GPM N. Bloomington Pump Station (Mary Rhodes Pipeline): BPS Pump 102 Patterson - 24x20 MACS/1 180 RPM, 12500 GPM BPS Pump 103 Patterson - 24x20 MACS/1 180 RPM, 12500 GPM BPS Pump 104 Patterson - 24x20 MACS/1 180 RPM, 12500 GPM BPS Pump 105 Patterson - 2420 MACS/1 180 RPM, 12500 GPM Revised 11.30.20 Use Attachment B - Bid/Pricing Schedule w° � CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM OR RFB No. 6032 1859, Pump Repairs at O.N. Stevens Water Treatment Plant q PAGE 1 OF 2 Date: / /� 20�� Authorized Bidder: IP-AaLYI ML t ) O( N 7-0/,✓ 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. Item Description Unit Qty. Unit : Total Price _Price 1 Shop Labor Normal Hours, HRS 5000 $ $ (M-F 8:00 a.m.-5:00 p.m.) -59 so Z97 S00 2 Shop Labor- HRS 600 $ $ Expedited/Emergency 3 Field Labor- Normal Hours HRS 880 $ Sd $ M-F 8:00 a.m.-5:00 .m. J g '- -213b0 4 Field Labor- HRS 360 Expedited/Emergencyt 5 Pickup Charge from City's EA 70 $ $ Pg. 2 of 2 location to Contractor's 00 D Oq business location 0 6 Delivery Charge from EA 70 $ $ Contractor's business 0� Go location to Cit 's location Q Unit Estimated Mark Up Estimated Spend Spend+ Mark up 7 Parts/Materials EA $550,000 8 Freight Allowance for EA $ 44,000 $ 44,000 Parts/Materials 9 Full Replacement EA $500,000 $500,000 Allowance Total $l 599, 9(FD� Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, 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 for 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 $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 MOTOR TRUCK CARGO (or) $250,000 Combined Single Limit TRIP TRANSIT BAILEE'S CUSTOMER GOODS $250,000 Per Occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 11.30.20 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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 Revised 1 1.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 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 Consultant 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 agreement. Bond Requirements: No bond requirements therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Attachment D - Warranty A. The Contractor shall warrant that work performed conforms to the specification and is free of any defects in equipment, material or workmanship performed by the contractor or any of its subcontractors or suppliers. All work provided by the Contractor shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. B. Material shall be warranted against material defects and defects in workmanship for a period of 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer's warranty. The Contractor shall be responsible for the warranty. The Contractor shall provide the City with all manufacturer's warranty documents upon completion of service. C. The Contractor must provide onsite technical support within 24 hours of notification by the City. Pump Repair Service Agreement For Water Supply, Treatment, and Delivery Nicholas Wlnkelmann, P.E. Director of Water Systems and Support Services corpus October 29, 2024 ccws".ChhLWater°°rvingg t the Coastal Bend Overview • Repair service agreement for all pumps 10 associated with supply, treatment, and delivery • Three-year service agreement and two one-year options with Excel Pump & Machine FINISHEV WATER • Total amount: $1,599,980 (up to $2,666,633.33 with options) FY 2025 .funding: $533 32667 from Water Fund } g - • 46 total pumps located at various pump stations • Critical components of CCW's water infrastructure - CCWw2 Pump Locations • O.N. Stevens Water Treatment Plant ✓ • Nueces River Pumping Station .E • Staples Pump Station • Navigation Pump Station • Sand Dollar Pump Station • Holly Elevated Storage Tank • Rand Morgan Elevated Storage Tank • Flour Bluff Elevated Storage Tank • Bloomington Pump Station • Woodsboro Pump Station CCw-3 Procurement Details • Competitive bidding process conducted by Finance & Procurement • Seven responsive bids received • Excel Pump & Machine, Inc. - lowest responsive bidder • Located in Robstown, TX ' • Incumbent contractor with proven performance • Selected service provider holds existing contracts for CCW pump maintenance and service CON-4 Staff Recommendations Staff recommends approval of the service agreement with Excel Pump & Machine, Inc. 0 m i•� C�w5 Thank you ! Corpus Christi Water- Serving the Coastal Bend � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 29, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a-)cctexas.com (361) 826-3169 Three Dump Trucks and Pick Up Rental for Public Works CAPTION: Motion authorizing execution of a one-year cooperative service agreement, with two one-year options, with United Rentals (North America), Inc., of Stamford, Connecticut, with an office in Corpus Christi, through the Sourcewell Cooperative, in an amount not to exceed $219,716.00, with a potential amount up to $659,148.00 if options are exercised, for the rental of three 10-14 yard dump trucks and one 3/4 ton 44 crew cab pickup truck to be utilized by Public Works, with FY 2025 funding from the Storm Water Fund. (6 votes required) SUMMARY: The motion authorizes a one-year service agreement, with a two one-year option with United Rentals, Inc., for the Public Works Department to rent three dump trucks and one pickup truck. BACKGROUND AND FINDINGS: In Fiscal Year 2024 City Council, approved the enhancement of channel maintenance as part of the City's stormwater program. The enhancement included equipment and full-time employees (FTE's) to begin the program. Stormwater Division has continued to prepare for the maintenance of the minor channels. With lead times sometimes being 12 months or longer on equipment, the renting of this equipment will allow the division to continue providing services for next year and be prepared for any emergency work request. PROCUREMENT DETAIL: This procurement is through the Sourcewell Cooperative. Contracts awarded through the Sourcewell Cooperative have been competitively procured in compliance with local and state procurement requirements. United Rentals (North America) Inc. (Branch L40) under Sourcewell Cooperative offers 17.37% discount off the published book rates on truck rentals. Procurement also conducted cost comparison with the HGAC Buy and Omnia Partners Cooperative with same size and model dump truck for a cost savings of 11% ($4859 vs. $5395) when compared to Sourcewell Cooperative. When not utilizing Sourcewell Cooperative, outside competitive rental quotes from other rental firms generate cost savings of 30.9%. Below is a table that displays the difference between the pricing for the recommended cooperative and the alternative pricing. Sourcewell Outside rental- Annual Cooperative Competitive Variance Savings$$ UNIT Pricing quote $$ Per Truck Month Pricing- 10-14-yard dump truck 1 ea $4,859.00/Month $7,030.00/Month $ 2,171.00 $ 26,052.00 Month Pricing-truck 3/4 ton 4X4 XL crew cab $1,555.00/Month $2,100.00/Month $ 545.00 1 $ 6,540.00 ALTERNATIVES: Do not approve the motion authorizing a one- year service agreement with a two one-year option with United Rentals, Inc., for the Public Works Department to rent three dump trucks and one 44 crew cab pickup truck. This will lead to this service being delayed due to lack of equipment. FISCAL IMPACT: The fiscal impact of FY 2025 is $219,716.00 with funding available in the Storm Water Fund. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32005 Channel Maintenance Department: 47 Storm Water Project # (CIP Only): N/A Account: 530160 Rentals RECOMMENDATION: Staff recommends approval to execute this motion authorizing a one-year service agreement with United Rentals (North America) Inc., with an office in Corpus Christi for the Public Works Department as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Presentation City of Corpus Christi Price Sheet Finance-Procurement Dump Truck Rental for Public Works Sr. Buyer: Marco Lozano Sourcewell Contract No. #062320 United Rentals(North America), Inc.of Stamford, CT wih an office in Corpus Christi,Texas Bill 4 WeekiTotal 52 ITEM DESCRIPTION Q .Cycles Discount Cycle Total Weeks DUMP TRUCK 10-14 YARD CDL Sourcewell Contract 062320 off Published/Book/ Rate 1 Equipment Rental- 13-4-week bill cycles (52 3 13 Discount Book7.37% $ 4,859.00 $ 189,501.00 weeks) 08-28-20-08-27-2025 TRUCK PU 3/4 TON 4X4 XL CREW CAB GAS Sourcewell Contract 062320 off Published/Book/ Rate 2 Equipment Rental- 13-4-week bill cycles 1 13 Discount Book7.37% $ 1,555.00 $ 20,215.00 (52) Weeks 08-28-20-08-27-2025 3 Repairs Allowance for incedentals 1 N/A I N/A $ 10,000.00 $ 10,000.00 Sourcewell Contract#062320 Not to Exceed Amount $ 219 716.00 bus c� o CO-OPERATIVE PURCHASE AGREEMENT NO. 6117 U Dump Trucks and Pick Up Rental for Public Works i PON., 11 z THIS Dump Trucks and Pick Up Rental for Public Works Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and United Rentals (North America), Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Dump Trucks and Pick Up Rental for Public Works in accordance with its agreement with Sourcewell #040924 (the "Co-operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Dump Trucks and Pick Up Rental for Public Works in accordance with the attached Statement 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. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Periods]"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 301n 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $219,716.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 City of Corpus Christi Attn: Accounts Payable P.Q. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Michael Nandin Title: Contract/Funds Administrator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361 .826.1671 Fax: N/A IF TO CONTRACTOR: United Rentals (North America), Inc. - Branch L40 Attn. Cassandra Carrillo Title: Outside Sales Representative Address: 501 S Padre Island Dr., Corpus Christi, Texas 78405 Phone: 361.289.7000 Fax: 361 .289.7368 6. Entire Agreement. This Agreement, along with the Co-operative 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] Co-operative Purchase Agreement Standard Form Page 2 of 3 CONTRACTOR r Signature: Printed Name: Title: MR Date: ID Iq CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — 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 Incorporated by Reference Only: Co-operative Agreement: Sourcewell 4040924 Co-operative Purchase Agreement Standard Farm Page 3 of 3 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements The City of Corpus Christi Public Works - Storm Water Channel Maintenance Division - 1-Year Rental Services of three (3) 12-14 Yard Dump Trucks and (1) 3/4 Ton 4X4 Crew Cab to be used at various projects Citywide. 1.2 Contractor will be responsible for the following: A. Equipment will be made ready ensuring the equipment is in excellent working condition and meets all City and State licensing requirement at the time of pickup. B. Equipment will be full of fuel at time of pickup. C. Preventative maintenance and inspection during the term of the contract. D. Resolving all mechanical issues on the equipment. E. Performing repairs or replace equipment within two working days (Monday through Friday) of notice being given. F. Providing credit for idle days and/or hours if the equipment is idle because of repair or replacement. 1.3 City Employees will be responsible for the following A. City employee with a current CDL license will pickup the equipment at the Contractor's place of business. B. City employee with a current CDL license will deliver the equipment back to the Contractor's place of business at the end of the term of this agreement. C. Handling the three dump trucks while in our possession. D. Keeping the three dump trucks clean while in our possession. E. Checking fluid levels; oil, coolant, power steering, windshield washer. F. Re-fueling of the three dump trucks prior to return, or a per gallon fee determined by the local vendor's place of business. G. Insurance coverage via the City Self Insurance (TML IRP) of the equipment during the 1-Year Rental. City of Corpus Christi Point of Contract: Robert Lopez, Infrastructure Manager (Storm Water) Phone Number: (361 ) 826-1603 Email: robertl2@cctexas.com Page 1 of 1 ATTACHMENT E3: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM I. Refer to"Sample Service Agreement"Contract Terms and Conditions before completing quote. 2. Quote your best price,including freight,for each item. 3. In submitting this quote,vendor certifies that the prices in this quote have been arrived at independently, without consultation,communication,or agreement with any other vendor or competitor,for the purpose of restricting competition regarding prices. Invitation to quote, FOES Destination,Freight Included,on the following: Bill 4 Week Bill Total 52 ITEM DESCRIPTION _9ty Cycles Discount Cycle Total Weeks DUMP Sourcewell TRUCK 10-14 Contract YARD CDL 062320 Equipment Discount 17.37% 1 Rental - 13 - 3 13 off $ 4,859.00 $ 189,501.00 4-week bill Published/Book/ cycles (52 Rate weeks) 08-28-20- 08-27- 2025 TRUCK PU Sourcewell 3/4 TON 4X4 Contract XL CREW 062320 CAB GAS Discount 17.37% 2 Equipment 1 13 off $ 1,555.00 $ 20,215.00 Rental - 13 - Published/Book/ 4-week bill Rate cycles (52) 08-28-20- 08-27- Weeks 2025 Repairs 3 Allowance 1 NIA NIA $ 10,000.00 $ 10,000.00 for incidentals Sourcewell Contract#040924 Not to Exceed Amount $ 219,716.00 COMPANY: United Rentals, INC NAME OF PERSON AUTHORIZED TO SIGN: + C I' rrr ADDRESS: 501 S. Padre Island Dr CITY/STATE/ZIP: Corpus Christi,Texas 78405 PHONE: 361-289-7000 EMAIL: ccarrillo@ur.com FAX: 361-289-2017 DATE: 0- c�riU Outside Sales SIGNATURE: 01 'LlItkj Representative TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES,TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. EDUnfted Rentals* 111111111111111111111111111111111111111111111111111 RESERVI AL TION BRANCH L 4 0 I1f 7 µ^� 7 501 S PADRE ISLAND DR ��S2S/ 6 6■CORP CHRISTI TX 76405-4I10 361-289-7000 Customer # 758282 Reserved Date : 10/09/24 PUBLIC WORKS Scheduled out : 10109A4 10.00 AM yy $stimateti In 10/08/25 I0:00 AM .r-1 2525 HYGEIA UR Job Loc 2525 HYGEIA, CORP CH cn CORP CHRISTI TX 78415--4117 UR Jab # : coNvo04: a Customer Job ID; P.C. # : TBD h Office: 361-857-1800 Job: 361-826-1957 Ordered By : CASSA DRAA CA Written By A55A13DRA CARRILLfl Salesperson : CASSANDRA CARRILLO ---------------------- CITY OF CORPUS CHRISTI P❑ BOX 9277 PUBLIC WORKS DEPARTMENT This is not an invoice CORP CHRISTI TX 78469-9277 Please do not pay from this document- RENTAL ITEMS: RtY Equipment Description _ Minimum Day Week 4 Week Estimated Amt. 3 9527075 TRUCK DUMP 10-14 YARD CDL 815.00 1,963.00 4,859.00 189,501.00 Mileage Charge. .00 1 9502295 TRUCK PU 3/4 TON 4X4 XL CREW CAS GAS 196.00 582.00 1,555.00 20,215.00 Mileage Charge: .00 Sourcewell Contract # 040924-URI Rental Subtotal: 209,716.00 Agreement Subtotal; 209,716.00 Estimated Total: 209,716.00 COMMENTS/NOTES: CONTACT: MARCO LOZANO CELLO: 361-826-3619 aa�a*rrr INTERESTED IN BUYING EQUIPMENT? WE HAVE A LARGE SELECTION OF USED EQUIPMENT FOR SALEi NOTICE! This is not a rental agreement. The rental of equipment and any items listed above Is subject to availability and subject to the terms and conditions of the Rental mtd Service Agreement,which are available at httpa:llwww.unitedrentols.o Aegdlrentd-service-tarms•GS and which are incorporatnd heroin by relerenco- A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST. Page: I TO: Texas Municipal League Intergovernmental Risk Pool ILE Underwriting Department P.O.Box SCHEDULE CHANGE REQUEST Austin,Texasxas 78 78714-9194 TML (800)537-6655 PHl[512)491-2404 FAX INrERGLI►'ERIy#MF'VTAL H#SK Entity Name: Entity ID: Requested By(Name&Title): Phone: VEHICLE • O- ❑ Addition ❑ Deletion ❑ Change Effective Date: toss payee,Lessor,Lien Holder Year: ' Make: GffTLNP Model: (NamelAddress): VIN: 3A L }(P22-4p 2 Department: Lqo Secondary ID.: 933&lq A h Pr Gross Vehicle Weight: C?C�O flu Leased Vehicle: Yes ❑ No Emergency Use: ❑Yes ❑ No TM5 (Vehicles equipped with emergency lighting,i.e.Police,Fire.Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage (OCN) (ACV) (AV) Coverage, provide the value including $ I45. 3 qh $ $ mounted equipment(light bars,radios,etc-)- ❑ Addition ❑ Deletion El Change Effective date: Loss payee,Lessor,Lien Holder Year: Z20 Make: Model: 25 Wp (NamelAddress): VIN: I FTq 0-M LED 4 1 W I U614ed &pAn is Department: LAQ Secondary ID': 3 5 Gross Vehicle Weight: 000 1,6S Leased Vehicle: 0 Yes ❑ No � p f. Emergency Use: ❑Yes ❑ No (VeNdes equipped wth emergency ligrabng,i.e.Police.Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage (OCN) (ACV) (AV) Coverage, provide the value including $ !1_�]r ?1,1 $ $ mounted equipment(light bars,radios,etc.). "�•i 43LV�1 MOBILE it ❑ Addition ❑ Deletion ❑ Chan a Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (NamelAddress): Value: $ Secondary ID:" Serial No.: Department: Loan Maturity Date: ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (NamelAddress): Value: $ Secondary ID:' Serial No.: Department: Loan Maturity Date: 'Secondary ID: Entity's own identification AUTOMOBILE means a Ian dmotor vehicle,trailer,or semi-trailer designed for travel on public roads(including any machinery,equipment,tools,or apparatus attached thereto and not intended to be removed or used off of or away from the vehicle),but does not include mobile equipment. MOBILE EQUIPMENT: Bulldozers,farm machinery,forklifts,and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises owned by or rented to the Member and not licensed for highway use;Vehicles that travel on crawler treads; Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted:a.Power cranes,shovels,loaders,diggers, or drills;or b.Road construction or resurfacing equipment such as graders,scrapers,or rollers. X107 This Form is Available at www.tmlirp.org. 03/08/11 TO: Texas Municipal league Intergovernmental Risk Pool Underwriting Department P.O.Sox 149194 SCHEDULE CHANGE REQUEST Austin,Texas 78714-9194 TML (800)537-6655 PHI(512)491.2404 FAX IYrERCAWERNtiiEN]FAL RISK P(X)L Entity Name: DnR@1'y Entity ID: L Requested By(Name&Title): Phone: 3 /-2Qq- 7 DOO VEHICLE ■_ ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: r Make: rFEIG MN R Model: m (NamelAddress): VIN: I FMfLA 9`15 i S Department: UWSecondary ID*: 7 r ( 3, re L&M Gross Vehicle Weight: drip Coo JbS Leased Vehicle: ®Yes ❑ No 5 Emergency Use: []Yes ❑ No (Vehicles equipped w.th emergency lighting,i.e.Police,Fire,Ambulance} Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage (OCN) (ACV) (AV) Coverage, provide the value including $ , � � $ mounted equipment(light bars,radios,etc.). ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make: 1 fi `j Model: (NamelAddress): VIN: �� Department: Secondary ID*: S. Gross Vehicle Weight: �� Leased Vehicle: ® Yes ❑ No Emergency Use: ❑Yes ❑ No �' p�j (Vehicle9 equipped mLh emergency lighting,ce,Police,Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage (OCN) (ACV) (AV) Coverage, provide the value including $ 1 � 2r} $ $ ( mounted equipment(light bars,radios,etc.). J MOBILE EQUIPMENT ED Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (NamelAddress): Value: $ Secondary ID:* Serial No.: Department: Loan Maturity Date: ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (NamelAddress): Value: $ Secondary ID:* Serial No.: Department, Loan Maturity Date: *Secondary la: Entity's own identification AUTOMOBILE means a Iandmotor vehicle,trailer,or semi-trailer designed for travel on public roads(including any machinery,equipment,tools,or apparatus attached thereto and not intended to be removed or used off of or away from the vehicle),but does not include mobile equipment. MOBILE EQUIPMENT; Bulldozers,farm machinery,forklifts,and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises owned by or rented to the Member and not licensed for highway use;Vehicles that travel on crawler treads; Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted:a.Power cranes,shovels,loaders,diggers, or drills;or b.Road construction or resurfacing equipment such as graders,scrapers,or rollers. Xto7 This Farm is Available at www.tmlirp.org. 03109111 ��STI STD Three Dump Trucks & 3/4 Ton Pick Up Rental (Service Agreement with United Rentals, Inc.) LL✓ City Council Presentation October 29, 2024 Background o In Fiscal year 2024, a new channel maintenance team was added to the stormwater division. o Includes 56 full-time employees in charge of maintenance of minor channels. 0 19,397 tons of spoil was collected in FY 2024 Vehicle Rentals r � do i Recommendation Oio o City Staff recommends the approval to execute this motion authorizing a one-year service agreement with United Rentals (North America) Inc., with an office in Corpus Christi for the Public Works Department as presented. se GO � O� A H AGENDA MEMORANDUM "CORPORpE° Action Item for the City Council Meeting October 29, 2024 1852 DATE: October 18, 2024 TO: Mayor & City Council FROM: Rebecca L. Huerta, City Secretary Rebecca H(o-)-cctexas.com 361-826-3105 Approve Council Meeting Calendar for Calendar Year 2025 CAPTION: Resolution approving the City Council meeting calendar for calendar year 2025. SUMMARY: Attached is the proposed 2025 Council meeting calendar, including tentative Budget Workshop dates and times. BACKGROUND AND FINDINGS: Council Policies state that the City Council shall meet in regular session at 11:30 am each Tuesday, except the first Tuesday of each month. The City Charter states that the City Council shall meet in regular session at least once per week unless the Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes. The Charter also requires the Council to meet in regular session not less often than twice a month. In 2025, 31 regular Council meetings and five budget workshops are proposed. CANCELED CANCELED Regular Council Meetings: Meetings: January 21 Day after Martin Luther King, Jr. Day (City Holiday) March 11 Spring Break April 22 Five Tuesdays during the month May 20 International Institute of Municipal Clerk's conference May 18-21 May 27 Day after Memorial Day (City Holiday) July 8 Independence Day Holiday September 23 Rescheduled to September 2 (see note below) September 30 Five Tuesdays during the month October 28 Texas Municipal League Conference Oct. 29-31 November 25 Thanksgiving Break December 23 Holiday break December 30 Holiday break Page 1 of 2 RESCHEDULED Council Meetings: May 6 Rescheduled meeting on May 20. September 2 First Tuesday in September and the day after Labor Day, which is not a regular Council meeting date. Staff requests this meeting date to comply with Tax Assessor/Collector's Office requirements for tax rate approval. Oct. 7 Texas Municipal League Conference is Oct. 29-31, so adding this meeting at the beginning of the month gives three meetings in October while allocating travel time to the conference. Budget Workshops —tentative times July 31 Budget Workshop, 9 a.m. to 1 p.m August 7 Budget Workshop, 9 a.m. to 1 p.m. August 14 Budget Workshop, 9 a.m. to 1 p.m. August 21 Budget Workshop, 9 a.m. to 1 p.m. August 28 Budget Workshop, 9 a.m. to 1 p.m FINANCIAL IMPACT: None RECOMMENDATION: Approve the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution — Meeting Calendar for 2025 Page 2 of 2 RESOLUTION APPROVING THE CITY COUNCIL MEETING CALENDAR FOR CALENDAR YEAR 2025 Whereas, Article 11 Section 14 of the City Charter provides that the City Council shall meet in regular session at least once each week, unless the City Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes; Whereas, Article 11 Section 14 of the City Charter further provides that in any event, the City Council is required to meet in regular session not less often than twice each month; Whereas, City Council Policy No. 16 provides that the City Council shall meet in regular session at 11:30 a.m. each Tuesday, except that in order to maximize efficiency it shall not meet the first Tuesday of each month unless requested by the Mayor, or four members of the City Council; Whereas, traditionally, during months with five Tuesdays, the City Council cancels regular Tuesday meetings to schedule only three regular meetings; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting when the preceding Monday is a City holiday; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting which occurs during second week of March for Spring Break and during the second week of July for Independence Day; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting which occurs during the week of the annual Texas Municipal League conference and International Institute of Municipal Clerk's Conference to allow travel to the conference; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting which occurs during the week of Thanksgiving; Whereas, traditionally, the City Council has cancelled the last two regular Tuesday meeting dates in December for holiday break; NOW, THEREFORE, 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 reasons for cancellation of regular Tuesday meetings for calendar year 2025 and authorization of this resolution. SECTION 2. The following Tuesday regular City Council meeting dates are cancelled for Calendar Year 2025 for the reasons expressed herein: January 21 Day after Martin Luther King, Jr. Day (City Holiday) March 11 Spring Break April 22 Five Tuesdays during the month May 20 Meeting rescheduled to first Tuesday, May 6, for International Institute of Municipal Clerk's conference May 18-21 May 27 Day after Memorial Day (City Holiday) July 8 Independence Day Holiday September 23 Meeting rescheduled to Tuesday, September 2, to comply with Nueces County Tax Assessor/Collector's Office requirements for tax rate approval. September 30 Five Tuesdays during the month October 28 Meeting rescheduled to first Tuesday, Oct. 7, for Texas Municipal League Conference Oct. 29-31 November 25 Thanksgiving Break December 23 Holiday Break December 30 Holiday Break SECTION 2. The City Council approves the attached City Council meeting calendar for Calendar Year 2025. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2025 Proposed Council Meetings S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 La S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4, 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 , 27 26 27 28 29 30 31 23 24 25 26 ` 27 28 29 28 1 2 3 30 Council Meetings Budget workshops Ir Partial holiday closure Cancelled meetings City Holidays Uniform Election date "Dates subject to change. Please check htt�.1/PvPnts.corpuschristitx.gov/for current schedule. so ova H aoAPaaa,a AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting October 29, 2024 DATE: September 16, 2024 TO: Peter Zanoni, City Manager FROM: Sergio Villasana, Director of Finance & Procurement Department SergioV2@cctexas.com 361-826-3227 Resolution authorizing the submission of an application to U.S. Department of Energy for the FY 2023-2024 Energy Efficiency and Conservation Block Grant Program for funding in the amount of$322,260.00. CAPTION: Resolution authorizing the submission of an application to the US Department of Energy for the FY 2023-2024 Energy Efficiency and Conservation Block Grant Program in the amount of $322,260 to replace existing lighting fixtures with energy efficient LED fixtures for the Corpus Christi International Airport and the Corpus Christi Parks & Recreation Department. SUMMARY: This resolution authorizes the Finance Department to submit an application for funding from the U.S. Department of Energy, Office of State and Community Energy Programs. The purpose of the grant is to replace existing lighting fixtures with energy efficient LED fixtures at the Corpus Christi International Airport (CCIA) Fire Station Building, CCIA hangar lane, CCIA International Drive, CCIA parking lot canopy, CCIA apron, Bill Witt Dog Park, Bill Witt parking lot, Joe Garza Recreation Center, and the Oso Recreation Center. The total budget is $322,260. No cash or in- kind match is required. The project will help lower the monthly cost and energy usage for the departments. BACKGROUND AND FINDINGS: The Energy Efficiency and Conservation Block Grant (EECBG) Program is a $550 million grant program funded through the Bipartisan Infrastructure Law. It is designed to assist states, local governments, and tribes in implementing strategies to reduce energy use and fossil fuel emissions while improving energy efficiency. In 2023, under the direction of City Leadership, the Grants Division created the Strategic Conservation Sustainability Planning Team (SCSPT), a team of representatives from all city departments tasked with designing and promoting initiatives to spur greater gains in efficiency and sustainable practices, including grants and programs. The SCSPT held regular meetings, completed training on the Bipartisan Infrastructure Program Grant Funding, and identified possible projects for the City of Corpus Christi. The projects were reviewed for eligibility, then compiled into a list and voted on by the SCSPT. The SCSPT also voted to choose retrofits and upgrades for a lighting project already under consideration by the city. The SCSPT identified $322,260 available to the City of Corpus Christi through the EECBG and submitted a pre-award information sheet on May 5, 2023, to the Office of State and Community Energy Programs. The City must now submit a formal application for the grant program by the end of October 2024. A response is expected 30-90 days after the submission is complete. If awarded, the funding will provide financial assistance for energy efficiency upgrades to the Corpus Christi International Airport (CCIA) Fire Station Building, CCIA hangar lane, CCIA International Drive, CCIA parking lot canopy, CCIA apron, Bill Witt Dog Park, Bill Witt parking lot, Joe Garza Recreation Center, and the Oso Recreation Center. These upgrades will result in an annual savings of$7,868 for the City of Corpus Christi. ALTERNATIVES: The alternative is not to submit the application and keep utilizing the same lighting equipment. FISCAL IMPACT: There is no fiscal impact for the application process. No cash match is required. Funding Detail: Fund: 1072 Community Development Grant Fund Organization/Activity: 89 Grants & Capital Project Funds/ 870113F Energy Efficiency Grant Department: 36 Planning Account: 530000 Professional Services/ 520130 Maintenance and Repairs RECOMMENDATION: Staff recommends authorizing the submission of an application to U.S. Department of Energy, Office of State and Community Energy Programs for funding in the amount of $322,260.00 as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application to the U.S. Department of Energy's FY 2023-2024 Energy Efficiency and Conservation Block Grant Program for funding in the amount of $322,260.00 to replace existing lighting with energy efficient lighting for the Corpus Christi International Airport and the Parks & Recreation Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of a grant application by the City of Corpus Christi ("City") to the U.S. Department of Energy's FY 2023-2024 Energy Efficiency and Conservation Block Grant Program ("EECGB") for funding in the amount of $322,260.00 to replace existing lighting with energy efficient lighting for the Corpus Christ International Airport and Parks & Recreation Department. SECTION 2. No cash match nor in-kind services are required for this grant. SECTION 3. The City Manager or the City Manager's designee may apply for, reject, alter, or terminate the grant if awarded to the City. SECTION 4. The City Council designates the Director of Finance & Procurement as the City's authorized official. The authorized official is empowered to apply for, reject, alter, or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 5. In the event of the loss or misuse of these EECGB funds, the City assures that the funds will be returned to the U.S. Department of Energy, Office of State and Community Energy Programs, in full. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Department of Energy - Energy Efficiency Conservation Block Grant FY23-24 Resolution Authorizing Submission of Application Finance &Procurement Department Director Sergio Villasana i' '. / October 29, 2024 Grant Information The Energy Efficiency and Conservation Block Grant Program is a $550 million grant program funded through the Bipartisan Infrastructure Law and the Department of Energy. It is designed to assist States, Local Governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. The City of Corpus Christi has a formula allotment of $322,260.00 for the replacement of current lighting with energy efficient lighting. Background Information Under the direction of City Leadership, the Grants Division created the Strategic Conservation Sustainability Planning Team (SCSPT), a team of representatives from all city departments tasked with designing and promoting initiatives to spur greater gains in efficiency and sustainable practices, including grants and programs. The SCSPT voted to focus on retrofits and upgrades for lighting projects already under consideration by the city. The projects were reviewed for eligibility, then compiled into a list and voted on by the SCSPT. Projects Chosen If awarded, the funding will provide financial assistance for energy efficiency upgrades to the following areas: • Corpus Christi International Airport (CCIA) Fire Station Building • CCIA hangar lane • CCIA International Drive • CCIA parking lot canopy • CCIA apron • Bill Witt Dog Park • Bill Witt parking lot • Joe Garza Recreation Center • Oso Recreation Center Questions ? so �o o� yopPaap.a AGENDA MEMORANDUM xs52 Public Hearing for the City Council Meeting of October 29, 2024 DATE: October 17, 2024 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Community Development DanielMc@cctexas.com (361) 826-7011 First Public Hearing Annexation of Land Within the Industrial Districts 1, 2 & 4 CAPTION: First public hearing on the annexation of properties in Industrial Districts No. 1, 2 and 4 in Nueces County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025. SUMMARY: The purpose of this item is to begin the process of annexing certain properties within the City's Industrial Districts, which are authorized by Texas Local Government Code Section 42.044 for economic development. City staff proposes to annex only those properties for which landowners have not executed new Industrial District Agreements (IDAs). The proposed annexation will insure the payment of City taxes or fees for those properties without IDAs. BACKGROUND AND FINDINGS: Landowners of property within any of the Industrial Districts are protected from City annexation if they execute an Industrial District Agreement (IDA). The current IDAs expire on December 31, 2024. In advance of the current IDAs' expiration, the City Council authorized the terms of new IDAs on September 3, 2024. Many property owners have already responded that they intend to execute new IDAs. City staff proposes to annex only those properties whose owners choose not to execute new IDAs. This public hearing is the first of two public hearings required for the annexation process. The effective date and time of annexation shall be no earlier than midnight of December 31, 2024. ALTERNATIVES: N/A FINANCIAL IMPACT: The proposed annexation will insure the payment of City taxes or fees for those properties without Industrial District Agreements. RECOMMENDATION: N/A LIST OF SUPPORTING DOCUMENTS: Map of Annexation Area Municipal Service Plan m Indusfirial Dishtricts .. FM io74 2 , ,.CIA Legend E!n Industrial Districts � S urce.Planning Diwslon,4125l2024 tiD ,� $ ® Cit y Limits h CilJsers'annikag%OneDrive-City of Corpus Chnsti%Docu n&ArcG&Pac shial 30gP dustrial — Major Streets R PROPOSED MUNICIPAL SERVICE PLAN FOR ANNEXATION OF AREAS WITHIN INDUSTRIAL DISTRICTS 1, 2, & 4 Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Texas Local Government Code §43.065 and §43.056. This Plan relates to the area annexed ("annexed area") described by metes and bounds and maps in Exhibit A & B. In accordance with Tex. Local Gov't Code 43.056(b), this service plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via a writ of mandamus requested in accordance with Tex. Local Gov't Code 43.056(I). Section 1. General Municipal Services The following services shall be provided to the annexed area immediately from the effective date of annexation: (1) Police Protection: The Corpus Christi Police Department will provide police protection at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (2) Fire Protection: The Corpus Christi Fire Department will provide fire protection and suppression at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (3) Emergency Medical Service: The Corpus Christi Fire Department will provide emergency medical services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (4) Solid Waste Collection: Solid waste collection and services will be provided at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. Notwithstanding, the City will not prohibit the collection of solid waste in the annexed area by a privately-owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable within the first two years following the date of annexation in accordance with Texas Local Government Code §43.056(n). (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies, and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density, provided that the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of 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. On-site wastewater 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 Road and Street Lighting: The City will maintain public streets, including road and street lighting, within the annexed area at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. Any and all lighting of roads, streets, and alleyways that may be positioned in a right-of-way, roadway, or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations, and fees of the utility. (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 the 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 in the annexation area. If the City acquires any publicly-owned facilities, buildings, or services within the annexed area, an appropriate City department will provide operation and maintenance of such publicly-owned facilities. Section 2. Capital Improvement Program The City will initiate the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction of the facilities shall be accomplished in a continuous process and shall be completed no later than 2.5 2 years after the effective date of the annexation, consistent with generally accepted local engineering and architectural standards and practices. Notwithstanding, the construction of capital improvements may be interrupted for any reason by circumstances beyond the City's direct control. The Plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. For services that cannot be reasonably provided within 2.5 years after the effective date of the annexation, the City will provide a schedule to provide such services within 4.5 years after the effective date of the annexation. Landowners in the area are not required to fund capital improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless otherwise agreed to by the landowner. (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 Services: No capital improvements are necessary at this time to provide water and wastewater service. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code, and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic systems or individual wastewater treatment plants will be allowed in accordance with all the ordinances, regulations, and policies of the City. (7) Roads and Streets, including road and street lighting: No road or street-related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. Lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds, and Swimming Pools. No capital improvements are necessary at this time to provide services. 3 (10) Other Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area using existing capital improvements. No additional capital improvements are necessary to provide City services. (11) 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. Section 3. Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. Section 4. 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 Plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed 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. Section 5. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules, and regulations of governmental bodies and officers having jurisdiction. Section 6. Force Maieure 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 4 annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably 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. Section 7. Level of Service The City of Corpus Christi will provide services to the annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization, and population density. 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 area, if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. Section 8. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. 5 INSERT ANNEXATION AREA MAPS AS EXHIBIT A& B 6 so �o o� yopPaap.a AGENDA MEMORANDUM xs52 Public Hearing for the City Council Meeting of October 29, 2024 DATE: October 17, 2024 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Community Development DanielMc@cctexas.com (361) 826-7011 First Public Hearing Annexation of Land Within the Industrial Districts 5, 6, 7 & 8 CAPTION: First public hearing on the annexation of properties in Industrial Districts No. 5, 6, 7, and 8 in San Patricio County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025. SUMMARY: The purpose of this item is to begin the process of annexing certain properties within the City's Industrial Districts, which are authorized by Texas Local Government Code Section 42.044 for economic development. City staff proposes to annex only those properties for which landowners have not executed new Industrial District Agreements (IDAs). The proposed annexation will insure the payment of City taxes or fees for those properties without IDAs. BACKGROUND AND FINDINGS: Landowners of property within any of the Industrial Districts are protected from City annexation if they execute an Industrial District Agreement (IDA). The current IDAs expire on December 31, 2024. In advance of the current IDAs' expiration, the City Council authorized the terms of new IDAs on September 3, 2024. Many property owners have already responded that they intend to execute new IDAs. City staff proposes to annex only those properties whose owners choose not to execute new IDAs. This public hearing is the first of two public hearings required for the annexation process. The effective date and time of annexation shall be no earlier than midnight of December 31, 2024. ALTERNATIVES: N/A FINANCIAL IMPACT: The proposed annexation will insure the payment of City taxes or fees for those properties without Industrial District Agreements. RECOMMENDATION: N/A LIST OF SUPPORTING DOCUMENTS: Map of Annexation Area Municipal Service Plan L�I LA:JI:JLJI�I LL:A I L/U O !%ii O - y +* r Industrial Districts City Limits Pg. r i //. II'' ` Streets PROPOSED MUNICIPAL SERVICE PLAN FOR ANNEXATION OF AREAS WITHIN INDUSTRIAL DISTRICTS 5, 6, 7, & 8 Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Texas Local Government Code §43.065 and §43.056. This Plan relates to the area annexed ("annexed area") described by metes and bounds and maps in Exhibit A & B. In accordance with Tex. Local Gov't Code 43.056(b), this service plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via a writ of mandamus requested in accordance with Tex. Local Gov't Code 43.056(I). Section 1. General Municipal Services The following services shall be provided to the annexed area immediately from the effective date of annexation: (1) Police Protection: The Corpus Christi Police Department will provide police protection at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (2) Fire Protection: The Corpus Christi Fire Department will provide fire protection and suppression at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (3) Emergency Medical Service: The Corpus Christi Fire Department will provide emergency medical services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. (4) Solid Waste Collection: Solid waste collection and services will be provided at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. Notwithstanding, the City will not prohibit the collection of solid waste in the annexed area by a privately-owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable within the first two years following the date of annexation in accordance with Texas Local Government Code §43.056(n). (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies, and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density, provided that the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of 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. On-site wastewater 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 Road and Street Lighting: The City will maintain public streets, including road and street lighting, within the annexed area at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. Any and all lighting of roads, streets, and alleyways that may be positioned in a right-of-way, roadway, or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations, and fees of the utility. (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 the 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 in the annexation area. If the City acquires any publicly-owned facilities, buildings, or services within the annexed area, an appropriate City department will provide operation and maintenance of such publicly-owned facilities. Section 2. Capital Improvement Program The City will initiate the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction of the facilities shall be accomplished in a continuous process and shall be completed no later than 2.5 2 years after the effective date of the annexation, consistent with generally accepted local engineering and architectural standards and practices. Notwithstanding, the construction of capital improvements may be interrupted for any reason by circumstances beyond the City's direct control. The Plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. For services that cannot be reasonably provided within 2.5 years after the effective date of the annexation, the City will provide a schedule to provide such services within 4.5 years after the effective date of the annexation. Landowners in the area are not required to fund capital improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless otherwise agreed to by the landowner. (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 Services: No capital improvements are necessary at this time to provide water and wastewater service. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code, and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic systems or individual wastewater treatment plants will be allowed in accordance with all the ordinances, regulations, and policies of the City. (7) Roads and Streets, including road and street lighting: No road or street-related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. Lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds, and Swimming Pools. No capital improvements are necessary at this time to provide services. 3 (10) Other Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area using existing capital improvements. No additional capital improvements are necessary to provide City services. (11) 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. Section 3. Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. Section 4. 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 Plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed 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. Section 5. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules, and regulations of governmental bodies and officers having jurisdiction. Section 6. Force Maieure 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 4 annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably 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. Section 7. Level of Service The City of Corpus Christi will provide services to the annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization, and population density. 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 area, if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. Section 8. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. 5 INSERT ANNEXATION AREA MAPS AS EXHIBIT A& B 6 so o N AGENDA MEMORANDUM NCORPOa I Resolution for the City Council Meeting of October 29, 2024 1852 DATE: October 29, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a-)cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for Street Oversizing for street infrastructure improvements at Azali Estates Unit 3. CAPTION: Resolution authorizing a Developer Participation Agreement with LSK Development, LLC to reimburse the developer up to $267,118.47 for the construction of Oso Parkway within Azali Estates Unit 3 subdivision. (District 4) SUMMARY: LSK Development, LLC is developing a new residential subdivision and is required to construct the street infrastructure improvements. Developer has agreed to enter into a developer participation agreement for the oversized street improvements. The estimated one-time City portion of the cost is $267,188.47. BACKGROUND AND FINDINGS: The Developer, LSK Development, LLC, has requested and will be eligible for reimbursement through a developer participation agreement for the street infrastructure improvements at Azali Estates Unit 3 for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to utilizing Developer Participation funds to construct the required street infrastructure improvements would be to construct the improvements under a city-initiated CIP project. This option would most likely delay the development of the property until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned residential subdivision in a timely manner. FINANCIAL IMPACT: The $267,118.47 in funding for this participation agreement comes from funds secured with tax notes as approved in the FY25 budget. This project will improve the street infrastructure of the development of the planned subdivision named Azali Estates Unit 3. This request is a one-time cost associated with the development of the project with the FY25 Budget. Funding Detail: Fund: 1041 Streets Department: 33 Streets Organization: 11112 Purchases with Short Term Debt Project: Azali Estates Unit 3 Participation Agreement Account: 530000 Professional Services Amount: $267,188.47 RECOMMENDATION: The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings. The oversizing street infrastructure will be an improvement and provide an overall greater capacity. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Agreement (with exhibits) Presentation Location Map Resolution authorizing a Developer Participation Agreement with LSK Development, LLC to reimburse the developer up to $267,118.47 for the construction of Oso Parkway within Azali Estates Unit 3 subdivision. (District 4) WHEREAS, the Developer is oversizing by constructing Oso Parkway as P-1 Parkway collector street in lieu of 28' residential street; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement ("Agreement") with LSK Development, LLC ("Developer") to reimburse the developer up to $267,118.47 for the oversizing required for Oso Parkway within Azali Estates Unit 3, Corpus Christi, Nueces County, Texas. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossings Per UDC §8.4 This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and LSK Development, LLC, ("Developer"), a Texas Limited Company. WHEREAS, the Developer, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 13, 2023 to develop a tract of land, to wit approximately 13.87 acres known as Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, as a condition of the Plat, the Developer is required to expand, extend, and construct Streets and/or Drainage Crossings (the "Public Improvements")as depicted on and in accordance with the improvement requirements set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, UDC 8.2.1(5) provides: where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development where the contract establishes the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price and at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi NOW, THEREFORE, the Parties hereto severally and collectively agree to and, by the execution hereof, are bound by the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described.: Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 1 of 11 Section 1 . RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. The Developer must complete the Public Improvements within 24 calendar months from the date this document is executed by the City. Time is of the essence in the performance of this contract. Section 3. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Public Improvements for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Public Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the costs of construction of the Public Improvements. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Public Improvements, designated as the total amount reimbursable by the City on the Cost Estimate. Section 4. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Public Improvements shall not exceed $267,188.47. Section 5. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Public Improvements monthly, based on the percentage of construction completed less the Developer's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Such reimbursement will be made payable to the Developer at the address shown in Section 6 of this Agreement. Prior to reimbursement, Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. Section 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: LSK Development, LLC Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 2 of 11 P.O. Box 8155 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 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. Section 7. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer licensed in the State of Texas to prepare plans and specifications for the Public Improvements. The plan must be in compliance with the City's UDC, Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. b. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. Section 8. EASEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer shall acquire and dedicate to the City the required additional public right of way easements ("Easements"), if any, necessary for the completion of the Public Improvements. If any of the property needed for the Easements is owned by a third party and the Developer 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 completely responsible for cost of acquisition. Section 9. PERFORMANCE BOND. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 3 of 11 Developer 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 project cost is in excess of $100,000 and a payment bond if the project cost 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 amount of the performance and payment bonds shall be the full cost of the Public Improvements. The performance and/or payment bond must name the City as an obligee. If the Developer is not an obligor, then Developer 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. Section 10. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Section 11. CONSTRUCTION CONTRACT DOCUMENTS. Developer shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Public Improvements. Section 12. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Public Improvements or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Public Improvements. Section 13. WARRANTY. The Developer shall fully warranty the workmanship and construction of the Public Improvements for a period of two years from and after the date of acceptance of the improvements by the Executive Director of Public Works. Section 14. INDEMNIFICATION. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 4 of 11 Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") from, and against, any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, fines, and judgments recovered from or asserted against Indemnitees 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 construction, existence, use, operation, maintenance, alteration, repair, or removal of any Public Improvements installed by or on behalf of the Developer including the injury, loss or damage caused by the contributory or concurrent negligence of the 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 attorney's 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 fees charged by attorneys, environmental consultants, engineers, surveyors, and expert witnesses. (b) any costs incurred attributable to the breach of any warranty or representation made by Developer in this agreement, or 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. Section 15. DEFAULT. The following events shall constitute default: a. Developer fails to submit plans and specifications for the Public Improvements to the Executive Director of Public Works in advance of construction. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 5 of 11 b. Developer does not reasonably pursue construction of the Public Improvements under the approved plans and specifications. c. Developer fails to complete construction of the Public Improvements, under the approved plans and specifications, on or before the time specified in Section 2 of this agreement. d. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 16. 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 days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 6, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1 . Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. 4. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 6 of 11 otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 17. 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 a public enemy; 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 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 18. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Public Improvements, contracts for testing services, and contracts with the contractor for the construction of the Public Improvements must provide that the City as a third-party beneficiary of each contract. Section 19. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code of Ordinance Sec. 2-349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 20. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 7 of 11 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. Section 21. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index Section 22. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 24. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 26. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 27. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 8 of 11 performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 28. 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. Section 29. WAIVER OF TRIAL BY JURY. City and Developer 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 Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 30. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 31. NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 32. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 9 of 11 DEVELOPER: LSK Development, LLC P.O. Box 8155 Corpus Christi, Texas 78468 By: Ata O. Azali Governing Person STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20 , by Ata O. Azali, Governing Person of LSK Development, LLC, a Texas Limited Company, on behalf of said company. Notary Public's Signature Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 10 of 11 EXECUTED IN ONE ORIGINAL this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 11 of 11 EXHIBIT 1 PLAT OF FRESSFOLLYJ- AZALI ESTATES UNIT 3 ATATE OF TEHAE OF n T FDL Li wHicH Ts RDcorenEn TD wwNE'a.Pnr,D aT Cl.DAP REcoRTs.NUErFs cD..Tx 0 400' 800' 1600' IDINTA IF NIECEE CORPUS CHRISTI, NUECES COUNTY, TEXAS WE DORSAL DAPPLOPMENT LLC F Ell IEI1 I'T14T WE ARE TIE OWNERS OF SCALE-1-SOD' cED WITHIN THD eou BASS & WELSH ENGINEERING -w C —ET nR. AS SIOWN THAT STREETS ANN ERIC M ENDS AS S I OWN HAVE SEEN 11CH32RESEE'DIAREED. FIRM ND. F-52, 3D54 S. ALAME➢A ST. IIIL _ {� AND THAT NOTThis PUT SA,RARE MADE FOR THE PURPOSES of DESCRIPTION AND DEDICATION CORPUS CHRISTI, TE%AS T8404 E �/ DE Tuffs THE IS'OF zD SHEET ore RaDCH vT Ew n NOREAN INa a CIA o.AAALI.PRESIDENT nR� lul KRVP,IN 11.l KARO nR 'SITE' STATE OF TExAs § COUNTY OF NIECES 4 THE NDEIPELO MDNT.LTC AIINOSTEDDED BEFORE ME RA ATA AEI PRESIDENT OF.DORM ocAT 1[IN MAP S' =000' NOTIRI SUITE OF,ETAS SATE OF TEKPA § RAINUF IF NIECES § IF 7 HATE OF TE _ § DEPANTMON DF DD�LDPMONT A EDS DF TID Er DF RARPIS RI,I TE S COLD'OF NIECES g LEGENDSEHDEIA OF A LIEN ON THE LAND ' ENA RNA'" =EEOP*H TMMEM sERNDes AT DE DE DRANACE EASEMENT FARE 00 N 0 MAP AND I HAT WE A=N THEPIIACIDAON AND DEDGECURN FOR THE A I DEED RECORDS,PIECES CO.TP MCI MAP RMIORDA NHEIE1 CC_TV R SATE IF TExAs ® DATE Al. OFFI EST RECORDS,DUECEA 10_TP TILE_ RAINY OF NIECES § UE. InLor EASEMENT FUAH E'N `ED SATE of TIED. g ,N s THE oRARf RAr OFRisTL TExAs.Rv THE PwaNi�MMirnoNG ON IEETALF IF COUNTY OF NIECES § THIS INSTRUMENT was ACINOwLEDOED EFORE ME EF (NAME). M(HERE MILLER Ac RAIMOND oI.AM (TITLE).OF FROM THS E DEC EKING WALEI Al CONTACT RECREA oN USE MONUEN`AT`N I"HOT"RNER'S sTe-... Ro . SPATE of TECAR § INIEL Ell AINTAN PLASTIC APPS THE sn,E IF TExAs COUNTY OF NIECES § ueELED PESI AND 11 IF INcmDORINc. CIE" THE FIT N AND PLATE OF Toxas g HERERv c[RTISFv THAT THE FoRDcomc INSTRIMENT DATED RHsaD couNTDar of zooD.NAD TaeA. Al ALL IF THE CUP FIT ATE FDA IN GONE I 1ITH EAWI COUNTY OF NIECES ® zo WITH DS CERTIFICATE of AUTHENTICATION. MAP was FILED FOR RECORD IN My OFFICE THE DAI OF 'ONE E,tFu AIRN THE NORTH P AI 11 OF THE E,TE as CHowN. 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oil �� sWO HL Qm - A — _ � °sod _ l AN g �-0cs _��allo sndac.,� � ���� usrarro sndao� In / � lit! - 1110 % %�hgt 1 � H Ho . -1 HIM r I fa%ss3 ji Ow r �I ,ems r� , EXHIBIT 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521- FAX361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 AZALI ESTATES UNIT 3 OVERWIDTH/OVERDEPTHSTREET REIMBURSEMENT ESTIMATE 06/30/23 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET&SURFACE OVERWIDTH/OVERDEPTH ITEMS FOR OSO PARKWAY** 1 OVERDEPTH HMAC 2"TO 4"=2"HMAC 4402 SY 26.50 116,653.00 2 OVERDEPTH OF CRUSHED LIMESTONE BASE 8"TO 11"=3"CRUSHED LIMESTONE BASE 4402 SY 10.00 44,020.00 3 OVERWIDTH 4'WIDE R/C WALK TO 10'WIDE R/C WALK BOTH SIDES OF ST 13044 SF 5.00 65,220.00 SUBTOTAL $225,893.00 10%CONTINGINCIES $22,589.30 SUBTOTAL $248,482.30 7.5%ENGINEERING,SURVEYING,&TESTING $18,636.17 TOTAL AMOUNT REIMBURSABLE $267,118.47 ** NOT CONSTRUCTION PAY ITEMS.THIS ESTIMATE DOES NOT INCLUDE WORK IN CHANNEL 31 DRAINAGE RIGHT-OF-WAY Page 1 of 1 EXHIBIT 4 INSURANCE REQUIREMENTS I. DEVELOPER'S AND OR CONTRACTOR'S LIABILITY INSURANCE A. Developer and or Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Developer and or Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Developer and or Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Developer and or Contractors 7. Underground Hazard(if applicable) 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 POLLUTION LEGAL LIABILITY $1,000,000 Per Claim Including: (Defense costs not included in face value of the policy) Sudden and Accidental Pollution Coverage. If claims made policy,retro date must be prior to inception Cleanup and Remediation. of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this project, Developer and or Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Developer and or Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Developer and or Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Developer and or 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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Developer and or Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Developer and or 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. Developer and or 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: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Developer and or Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Developer and or 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 Developer and or Contractor to stop work hereunder, and/or withhold any payment(s)which become due to Developer and or Contractor hereunder until Developer and or Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and or Contractor may be held responsible for payments of damages to persons or property resulting from Developer and or Contractor's or its subDeveloper and or Contractor's performance of the work covered under this agreement. H. It is agreed that Developer and or 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2024 Insurance Requirements Exhibit Legal Dept. —Development Services Participation Agreement for Developers 06/07/2024 Risk Management—Legal Dept. EXHIBIT 5 Exhibit 5 1 ' DISCLOSURE OF INTERESTS \ Development Services Department p p ent 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platapplication@cctexas.com 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: LSK Development LLC STREET: P.O. BOX 8155 CITY: Corpus Christi ZIP: 78468 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ OtherLLC 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 ownershilp in the above named "firm". Name Job Title and City Department(if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Corpus � y p s Christi having an ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE (To Be Notarized) 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: �,1 Title: i�l'fSiG� (Print) Signature of Certifying Person: Date: I I S 1 �- Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Participation Agreement for City Requested Paving Improvements Resolution authorizing a Developer Participation Agreement with LSK Development, LLC to reimburse the developer up to $267,118.47 for the construction of Oso Parkway within Azali Estates Unit 3 subdivision. (District 4) City Council October 29, 2024 Location Map MPatirtaie LmNs of /uali Estates Ilnit0.t U tW 1W w: Location Map z CITY Azali Estates Unit 03 iMTTS Proposed street lnf-1-cture lmprpvemanti Sub{act pro�.N "►i Wyiwl Nu-'aw:1Sc/Y Cv's'UitW2ULa .....W...m,w o .....�.. ...�..>........,. UW'Wu:a ul Uawkµn'mrt Yuncux 2 Total Cost Estimate STREET&SURFACE OVERWIDTH/OVER DEPTH ITEMS FOR OSO PARKWAY" ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1OVERDEPTH HMAC 2"TO 4"=2"HMAC 4,402 SY $26.50$116,653.00 OVERDEPTH OF CRUSHED LIMESTONE BASE 8"TO 11"=3" 2CRUSHED 4,402 SY $10.00$44,020.00 LIMESTONE BASE 3OVERWIDTH 4'WIDE R/C WALKTO 10'WIDE R/C WALK BOTH 13,044 SF $5.00$65,220.00 SIDES OF ST SUBTOTAL $225,893.00 10%CONTINGINCIES $22,589.30 SUBTOTAL $248,482.30 7.5%ENGINEERING,SURVEYING,&TESTING $18,636.17 TOTAL AMOUNT REIMBURSABLE $267,118.47 Recommendation Approval Staff recommends approval of the developer participation agreement with LSK Development, LLC to reimburse the developer up to $267,118.47 for the City's share of the cost to overwidth & overdepth the construct of Oso Parkway. The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. V Approximate Limits of Azali Estates Unit 03 r_ 03 wI 0 NII S61'le'35'E 221.8T' �IS 'v=i 13 12 11 9 w n 37 V ZM�Nc R{w ZP,$_'YR 25'YR ¢ 11I AZ,YI ESTATES UNIT 2, J> _E —_ 5 EE ———_ �\ e NI V. XX, P.%%, M.R.SD o. -D smeuuPD NStRDCIIDH TcxNDE. KARO DR. MRD sroR4 wA pD wt N28'a1.25'E I N67'2>'28'V TT� axe tilts nxD spEcnc� s wND 50.00' TY11 !0,84' tta[ L_—— 5 UE n 5�UE NE—V 25'E �. '" T cPLA L_ �N 116,24' �F--- 55 o g, N61'18'35'V 55.00' O 5' E � 5'UE 39 n1 AZPIt ESTATES AZALI ESTATES UNIT 1. (/ UNIT I,V. 69, lu i V. 69,P. 615-61T, M.R. 25'YR \ \ {•68'3T•E yy 615 61l M'P. �I1 WI I I in N 9 Z N28'1l'25'E 40 _--IIJ W , d J _—J s by nl I SSE / 3 w o T O 3 -- W DSO PARKWAY "I 4 _ 10'YR 6 tN r 0 30' 5 5 I I 68 I I I Iw W 6 w I in 41 ? 46 3 I —°,--—-- L s'DE_ I 66 5 — _ kw" 4D —sue,— LL•nE—/ /4a' S81°57 37 7 © III 47 D;3. � qg. Sb1 18 8' 43.T ggy�a 5 I I 56118'85'E 94-47' -- 3B I [ \ 9 — — a T S4'3. >.` I —�•yE�VC� I �uNM%%. UNDEVELOPED PROPERTY I 6 I 61 52 UNDEVELOPED PROPERTY f>> l4 � 1 29.l8'83'35'E 160.e•4t'00'S V \\fIT REhPNewRY AROUN %ASEDNENT,t�EVELIPxEM.LL[ L N6:to 3s•W:a. b0f%i,LOPED PROPERTY 0 100 200 Feet I I I I I Location Map CAI%THY y Azal i Estates Unit 03 L'�I�M�I%T�1I Proposed Street Infrastructure Improvements Subject Property U2 S F m ro N.T.S The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 15479 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 10/18/2024 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. so o N AGENDA MEMORANDUM NCORPOa I Resolution for the City Council Meeting of October 29, 2024 1852 DATE: October 29, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a-)cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for Street Oversizing for street infrastructure improvements at Starlight Estates Unit 8. CAPTION: Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $547,497.18 for the construction of Oso Parkway within Starlight Estates Unit 8 subdivision. (District 4) SUMMARY: MPM Development, LP is developing a new residential subdivision and is required to construct the street infrastructure improvements. Developer has agreed to enter into a developer participation agreement for the oversized street improvements. The estimated one-time City portion of the cost is $547,497.18. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, has requested and will be eligible for reimbursement through a developer participation agreement for the street infrastructure improvements at Starlight Estates Unit 8 for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to utilizing Developer Participation funds to construct the required street infrastructure improvements would be to construct the improvements under a city-initiated CIP project. This option would most likely delay the development of the property until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned residential subdivision in a timely manner. FINANCIAL IMPACT: The $547,497.18 in funding for this participation agreement comes from funds that will be secured with the issuance of tax notes as approved in the FY25 budget. This project will improve the street infrastructure of the development of the planned subdivision named Starlight Estates Unit 8. This request is a one-time cost associated with the development of the project with the FY 2025 Budget. Funding Detail: Fund: 1041 Streets Department: 33 Streets Organization: 11112 Purchases with Short Term Debt Project: Starlight Estates Unit 8 Participation Agreement Account: 530000 Professional Services Amount: $547,497.18 RECOMMENDATION: The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings. The oversizing street infrastructure will be an improvement and provide an overall greater capacity. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibits) Agreement (with exhibits) Presentation Location Map Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $547,497.18 for the construction of Oso Parkway within Starlight Estates Unit 8 subdivision. (District 4) WHEREAS, the Developer is oversizing by constructing P-1 Parkway collector in lieu of 28' residential street; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement ("Agreement") with MPM Development, LP to reimburse the developer up to $547,497.18 for the oversizing required for Oso Parkway within Starlight Estates Unit 8, Corpus Christi, Nueces County, Texas. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossings Per UDC §8.4 This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and MPM Development, LP, ("Developer"), a Texas Limited Partnership. WHEREAS, the Developer, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 22, 2023 to develop a tract of land, to wit approximately 16.54 acres known as Starlight Estates Unit 8, located south of Yorktown Boulevard and west of Krypton Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, as a condition of the Plat, the Developer is required to expand, extend, and construct Streets and/or Drainage Crossings (the "Public Improvements")as depicted on and in accordance with the improvement requirements set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, UDC 8.2.1(5) provides: where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development where the contract establishes the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price and at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi NOW, THEREFORE, the Parties hereto severally and collectively agree to and, by the execution hereof, are bound by the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described.: Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 1 of 11 Section 1 . RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. The Developer must complete the Public Improvements within 24 calendar months from the date this document is executed by the City. Time is of the essence in the performance of this contract. Section 3. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Public Improvements for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Public Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the costs of construction of the Public Improvements. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Public Improvements, designated as the total amount reimbursable by the City on the Cost Estimate. Section 4. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Public Improvements shall not exceed $547,497.18. Section 5. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Public Improvements monthly, based on the percentage of construction completed less the Developer's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Such reimbursement will be made payable to the Developer at the address shown in Section 6 of this Agreement. Prior to reimbursement, Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. Section 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: MPM Development, LP Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 2 of 11 P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 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. Section 7. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer licensed in the State of Texas to prepare plans and specifications for the Public Improvements. The plan must be in compliance with the City's UDC, Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. b. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. Section 8. EASEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer shall acquire and dedicate to the City the required additional public right of way easements ("Easements"), if any, necessary for the completion of the Public Improvements. If any of the property needed for the Easements is owned by a third party and the Developer 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 completely responsible for cost of acquisition. Section 9. PERFORMANCE BOND. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 3 of 11 Developer 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 project cost is in excess of $100,000 and a payment bond if the project cost 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 amount of the performance and payment bonds shall be the full cost of the Public Improvements. The performance and/or payment bond must name the City as an obligee. If the Developer is not an obligor, then Developer 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. Section 10. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Section 11. CONSTRUCTION CONTRACT DOCUMENTS. Developer shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Public Improvements. Section 12. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Public Improvements or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Public Improvements. Section 13. WARRANTY. The Developer shall fully warranty the workmanship and construction of the Public Improvements for a period of two years from and after the date of acceptance of the improvements by the Executive Director of Public Works. Section 14. INDEMNIFICATION. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 4 of 11 Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") from, and against, any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, fines, and judgments recovered from or asserted against Indemnitees 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 construction, existence, use, operation, maintenance, alteration, repair, or removal of any Public Improvements installed by or on behalf of the Developer including the injury, loss or damage caused by the contributory or concurrent negligence of the 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 attorney's 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 fees charged by attorneys, environmental consultants, engineers, surveyors, and expert witnesses. (b) any costs incurred attributable to the breach of any warranty or representation made by Developer in this agreement, or 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. Section 15. DEFAULT. The following events shall constitute default: a. Developer fails to submit plans and specifications for the Public Improvements to the Executive Director of Public Works in advance of construction. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 5 of 11 b. Developer does not reasonably pursue construction of the Public Improvements under the approved plans and specifications. c. Developer fails to complete construction of the Public Improvements, under the approved plans and specifications, on or before the time specified in Section 2 of this agreement. d. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 16. 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 days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 6, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1 . Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. 4. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 6 of 11 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 17. 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 a public enemy; 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 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 18. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Public Improvements, contracts for testing services, and contracts with the contractor for the construction of the Public Improvements must provide that the City as a third-party beneficiary of each contract. Section 19. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code of Ordinance Sec. 2-349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 20. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 7 of 11 (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. Section 21 . CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index Section 22. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 24. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 26. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 27. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Developer, its officers, agents, employees, Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 8 of 11 contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 28. 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. Section 29. WAIVER OF TRIAL BY JURY. City and Developer 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 Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 30. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 31 . NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 32. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 9 of 11 DEVELOPER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20 , by Moses Mostaghasi, General Partner of MPM Development, LP, a Texas Limited Partnership, on behalf of said company. Notary Public's Signature Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 10 of 11 EXECUTED IN ONE ORIGINAL this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 11 of 11 EXHIBIT 1 PLAT OF STATE OF TEXAS $ STARLIGHT ESTATES UNIT 8 FINAL PLAT OF A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF FLOUR BWFF COUNTY OF NUmES $ AND ENCINAL FARM AND GARDEN TRACTS,SECTION 24,LOTS 6 MRU 11.A MAP OF WHICH IS RECORDED IN 1LUME'A',PAGES 41-43,MAP RECORDS,NIECES CO.,TX WE,MPM DEVEAPM LP,HEREBY CERTIFY THAT PRE THE OWNERS OF THE LAND CORPUS CHRISTI, NUECES COUNTY, TEXAS EMBRACED WITHIN TIREE BOUNDARIES OF THE FOREGOININ G PLAT,SUBJECT i0 A LIEN IN FAVOR OF THAT WE HAVE HAD SAID HAW BEEN HERETOFORE AND pgiE PLOTTEp:OI/10/23 SUBDMDED AS SHOWN.THAT STREETS AND EASEMENTS HEREBY SHOWN HAVE BEEN PUBLIC BASS & WELSH ENGINEERING COMP.NO.:PLgi-SH2 MR ER 0,OR IF NOT PREVIOUSLY DEDICATED,M PRE HEREBY ES OF D➢i0 THE PUBLIC USE JOB NO:22004 FOREVER AND iNAi iN15 PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND TX SURbEY REG.NO 100027-00,TX ENGINEERING �+ SCALE!I'=50' Dmlcgnorv. REG.N0.F-52,3054 S.PIAMEDA STREET, PLOT SCALE:SANE �2, gff Qq,pT CORPDS CHRISTI,TEXAS 78404 SHEET t OF 3 LY THIS ME_DAY OF 20- �4�001 CJ,,ff���vy O� 0 750' 1500' 3000' MOSSA MOSTACHASI,GENERAL PARTNER OZ f(Q N�f OF y b. T SCALE: 1'= 1500' STATE OF TEXAS COUNTY OF NUECES R65 INS T RUMENT WAS ACKNOWLEDGED BEFORE ME BY M0554 MOSTPGHASI,GENERAL PPRTNEFR ? OF MPM DEVELOPMENT,LP. 4 y THIS THE DAY OF 20 STARLIGHT ESTATES R N O UNIT 6(NOT YET DEVELOPED) STARLIGHT ESTATES NOTARY PUBLIC. [N AND FOR THE T 7(NOT u STATE OF TEXAS "SITE YET DEVELOPED) (UNIT 8) OSO CREp LOCATION MAP 1=1soa STATE OF TEXAS $ COUNTY OF NIECES $ STATE OF TEXAS $ WE, (NAME),HEREBY CERTIFY THAT WE PRE ME HOLDERS OF COUNTY OF NUECES $ A uEry ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF ME FOREGOING MAP AND MAT THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERLY WAS APPROVED BY THE WE REPROVE THE SUBDMSION AND DEOIGTIDN FOR ME PURPOSES AND CONSIDERATIONS DEPARTMENT OF DEVELOPMENT SERWCES OF THE CITY OF CORPUS CHRISTI.TEXAS THEREIN EXPRESSED. LEGEND: BY: EPA A.WHITMIRE,P.E.,CM,CPM OE DRAINAGE EASEMENT TIRE: DEVELOPMENT SERVICES ENGINEER D.R. DEED RECORDS,NUECES CO.,TX DATE M.R. MAP RECORDS,NUECES CO..TX STATE OF TEXAS $ O.R. OFFICIAL RECORDS,NUECES CO.,TX STATE OF TEXAS $ COUNTY OF NUECES $ UE UTIUTY EASEMENT COUNTY OF NUECES $ THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), BEHALF OF ME CITY OF CORPUS CHRISTI,TEXAS BY ME PLANNING COMMISSION. BOLES (TIRE),OF THIS ME DAY OF 20— 1. ENE RECEIVING WATER FOR ME STORM WATER RUNOFF FROM THIS PROPERTY IS ME OSO CREIX.ME TCEO HAS NOT CLASSIFIED THE AOUATIC UM USE FOR ME OSO CREIX,BUT THIS ME DAY OF 20� IT IS RECOGNIZED AS AN ENVIRD-04TALLY SENSITIVE AREA.THE OSO CREEk FLOWS HPMRAN ZARGHOUNI AL RAYMOND,III,NA DIRECTLY INTO ME OSO BAY.ME TCEO HAS CLASSIFIED THE AAUATIC DFE USE FOR ME CHAIRMAN SECRETARY OSO BAY AS'EXCEPTIONAL'AND'OYSTER WATERS"AND CATEGORIZED THE RECEIVING WATER AS"CONTACT RECREATION"USE. NOTARY PUBLIC, IN AND FOR Plat approved.2/22/23 2. TIE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID,SOUTH ZONE,HAD 1983. THE STATE TE OF TE RNS STATE OF TEXAS $ 3. FEMA INFORMATION AS SHOWN OR NOTED HEREON IS FROM FEAR MAP,COMMUNITY PANEL 48355C0540G,REVISED PREUMINARY MAY 30,2018.ALL OF ME SUBJECT SITE IS IN FEMA COUNTY OF NUECES $ ZONE X OTHER FLOOD AREAS AND FEW ZONE X OTHER AREAS EXCEPT A PORTION OF ME SITE IS IN FELLA ZONE AE(EL II)AS INDICATED. I,KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, 4. STATE OF TEXAS $ ♦. LAICAL IN A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF TH DO HEREBY CERTIFY AT ME FOREGOING INSTRUMENT GATED MEFLOUR BLUFF AND ENCINAL FARM AND CAREEN TRACTS,SECTION 24,LOTS 6 THRU 11,A COUNTY OF NUECES DAY OF 20_WITH ITS CERTIFICATE OF $ MAP OF WHICH IS RECORDED IN V."A,P.41 -43,MAP RECORDS,NUECES CO..TX. I,NIXON M.WELSH,REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS h WELSH 5. THE TOTAL PUTTED AREA CONTAINS 16.777 ACRES OF LAND INCLUDING STREET ENGINEERING,HEREBY CERTIFY THAT TIRE FOREGOING PLAT WAS PREPARED FROM A SURVEY AUTHENTICATION,WAS FILED FOR RECORD IN NY OFFICE THE DAY DEDICATIONS. MADE ON THE GROUND UNDER MY DIRECTION,IS TRUE AND CORRECT AND THAT WE HAVE OF 20_AT O'CLOCK�M., 6. THE YARD REQUIREMENT.AS DEPICTED,IS A REOUIREMENT OF THE UNIFIED DEVELOPMENT BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CODE AND IS SUBJECT i0 CHANCE AS THE ZONING MAY CHANCE. CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. AND DULY RECORDED ME DAY OF 20_AT 7. ALL DRIVEWAYS SHALL CONFORM TO ACCESS MANAGEMENT STANDARDS OUTLINED IN ARTICLE THIS THE DAY OF 20 O'CWCK-M.IN THE MAP RECORDS OF SAID COUNTY IN 7 OF THE UDC. VOLUME_PAGE�NSTRUMENT NUMBER 8. SET 5/8-IRON RODS AT ALL LOT CORNERS WHEREVER POSSIBLE OTHERWISE SET CHISEL WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID MARKS IN CONCRETE OR NALS AT LOT CORNERS.ALL IRON RODS SET CONTAN CAPS NIXON N. MELSH, R.P.L.S. COUNTY AT OFFICE IN CORPUS CHRISTI,NUECES COUNTY,TEXAS,THE DAY LABELED BASS AND WELSH ENGINEERING. AND YEAR LAST WRITTEN. BY: DEPUTY KMiA SANDS.CLERK COUNTY COURT NUECES COUNTY,TEXAS STARLIGHT ESTATES UNIT J, V.%X,P.%X,M.R. a3- 561°17'42"E 1499.14' sruV GHT ESTATES UNIT 7aq , !T1 10 V.%%,P.%%,M.R. 561.27'02"E I,a y GO 170.00' OG tt �z 1 z N Z 1 2 5 4 5 6 I 2 8 9 10 � I _J L -- -- =2, ----- --- ---------- --- --- --- ------- - ---- ---- ---------- ---- ---- ---- Z + 120.00' S'UE 30 30. 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ER O ntl� t� c 5b �7fi.00' J5.00' --j5.00�-- - - © FEN0pD.AREAS-S8'f1E J52.98' Z ����pp00 _ J5.00' 5'EE 54.60' 25.42' S30'30'28 -FEMq ZONE AE(EL 11) O y Sb"-bp=4g``pi _1 25'YR ]9.]5'41.]i 118.49' b n n �T9 I NE%O1HER r HO e 9„usi w b Eb OAREAS_. _ _.-._ _._._._. 25'rZR NE xn 7�� JJ.lB'� N e S8b0 3 FAQ F9MA ZONE AE(EL 11) �. 6 _ FEN FL00D A �E� 1) L -5.16' 5T55'11 59 .65.00' -- ssis•----- z N1 ,bg3 3 4 3 12137 IF ; 144J IF ' n 10884 IF 8 9 3 FE� PI 1955 Z EO 12J90 IF N 1]116 SF a 5 22 10125 IF a 10177 IF 'm 11592 IF m 1 mI 25'YR O Z 25 11904 IF _ m 9i II}810 SF r eI Ib,nl 12054 IF 1J 14 f m I 22 N 11257 IF s g n 12636 IF _ ---- 37.25 J24 aB.eB'26.81' m I ---- -- - 75.se' 00'24 1 1 123.68 so.9a - _ 72'00'03"W ---' - -i5.29' J4.55'' §'a� '50.28ks.es J _ 2.13'10'UEJ5.z9 3'50°W 41351' 8.96' N50 5 259.60' J64 - 1O UE M9ae s J O v.1x,v 1' 2 36 fRNNnOEA OF 121 igEe.-1`. Nay 08 ma.s, N57'55'11"W 941.13' §§ mEIR LE1RR wt1R11li IF I ii7iii OSO CREEK tHBR 1Erm1 DATED 1P/7/i1 LEGEND: CURVE DATA DE DRAINAGE EASEMENT D.R. DEED RECORDS,NUECES CO.,T% Do-565.0' n=16520' ©0-270.00 n=0]'S00 n=26'44'2fi" T=3B.200 R=585.00 R-17.2S R=120.00' R-485.00' M.R. BIPP RECORDS,NUECES CO.,TX T=30.26' T=53.80' T-I J.23' i=9.22' T=115.28' L-]8.40' L=10].28' =]4.42' =-1' -22fi.35' O.R. OFFICIAL RECORDS,NUECES CO.,T% p 25' Sp' In,CB=14-16'12'. C-14-S0'34*W CB-S32'21'26'W CB=N54'00'06'1Y CB=S72'46'24"E CH-76.34' CH=107.12' CH=34.40' C11=16.40' CH-224.30' UE UPIJTY EASEMENT OA-73'03'16' �E G=0E33'4]• HO p=08'OJ'30• �K d-O]'04'44" N�A=9]'22'S9" SCALE!1•=50' R=15.00' R=480.00 R=}]0.00' R=200.00 R-15.00' T=11.11' r=35.93' T-23.44' T-12.37' T=15.91' L=19.11' L=JI.J3' L=48.80' =24.J1' L-24.45' CB=S65'04'36'W CB=rv55'OJ't9•W CB-N32'4fi'03•E CB-S54'' '50"E CB=S]5'2}'20'W CH=1].Bfi' CH=JI.88' CH=48.J8' CH=2a.69' CH-21.83' R--SI 5.0054 OF R 95'08�58• 0 R--8150050• ©4=08'3}'43" R=85.00.0}• T-R51' T=15.85 T=14.21' R=400.00 i=14.14' P LAT O F =25.87' -24.39' L=22.J5' T=29.94' =22.fi8' =59 5' STARLIGHT ESTATES UNIT 8 CB-N20'S1'59'W CB=IS 735'Ol'W CB=NOB']J'36'w CB=S55'0]'19'E CB=NI V36'W)N CH=22.J8' CH-ZI.J9' CH=20.63' CH=59.J2' CH=20 19' CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING - T TX SURY REG.NO 100027-00'TX ENGINEERING - REG.NO.F-52,3054 S.ALPAIEDA STREET, CORPUS CHRISTI,TEXAS 78404 v 0 0 N STARUGHT ESTATES UNIT 7, S61°17'42"E 1499.14' 3 V.XX,P.XX,M.R. p N S61'18'10"E I 2 } 4 s 8 J O B 9 10 II 12 N 185.00' 21 5'UE 5_UE ---- -MEW- ---- ---- ------- 85.00' ]8.00' S'uE 78.00' J8.00' JO' g 5'UE 1 2.00'--$ 8 m 6250 SF ,mn o ry o o 24 ry^ 23 m 22 N81'IB'tOV! e w S61-18.10"E --'aryTQ+-- 135a8 SF d 13907 SF m m 14288 SF m R0 m 19 m 109.33' n 125.00' N n� r na �m 14624 SF fP 14983 SF m„ 18 `"� n n n�$ u§ -�-- N n ry m it 15342 SF tJ �m J228 SF o f f $ Y 8250 SF �o l n�' 16489 SF \\III O m ry m Iry S61'18'10'E �N ut f -r W 3'63'18'10'E n N m Q 25.00' II d 25'YR FEW ZONE% tOB.30' m z N 29 8250 SF w m _ 5'EE 78.ta OTH AREAS N N fi J981 SF\ m ry S81't6'10'E K ------ -J8.14' _ 78.14' 25'YR c n Iz n 125.00' _78_14' -I 2y e NST55'111Y J8.14'// _ 82.07' S'EEJ L-10VE ¢¢``" 30 30. Try 5692 SF = p 93.55�Y -I O - 5'EE f z Z Fpp�ZON�E X _ _ _ W H 9THER FLOOD _ _ _ R�m NO -- - SST55'I I'E J52.98' !'PP N5T55'11 111.08' f� FEMA ZONE - _ _�_DSO PARKWAY Q � 1 - - SST55'11'E 15 V v __FE_NA ZONE%OTHER FL000_ PAS_RE _ - - 55.48' -)5.00 S'EE - - FENA ZONE PE(EL I I) J _5�Z- )5.00 - _�-- _ _ 85T55'11 9'1= 10.81' ^ VI 5.00' 25'YR 85.00'------ 5'EE - - _ ` z 85.00' 75.0a'- ]5.00 - ]5'YR 75.00'- --75.Op• 1J a$ 14 ig 15 ag 18 m• 17 ]5'YR- J ,� 11250 SF ut 11250 SF P N 11250 SF r a II250 SF e$ 12711 SF 'a 19 O1 a 20 125' nN 12750 SF $g 11250 SF <6' 21 ?$ 22 11250 SF H13435 ISO m 11250 23 24 SF H,� 11250 SF ` I JaJS SF J5.00' 2� J5.40' 1_LE-- - - m J5.00' 75.00' -- J5.00' 10'uE - N57°55 1 1"W 941.13' 10'u� � "" J5.00' 10 E 94.00'- 59 I JI 5 CURVE DATA 0 A=93'22,59" R-1s.00 T=15.91' PORTION LOTS 9,10&11.SECT 24, UMIT OF WETIANDS ALONG NE L-14.45' LEGEND. FB&EF&Gi,V.'A',P.41-a}, BANK OF OSO CREEK PLOTTED CB=575'2l'20'W M.R.,MPM DEVELOPMENT.LP., FRO N C OF E COORDINATES yU CH-21.83' DE DRAINAGE EASEMENT REMNNDER OF 126.079 ACRE TRACT THEIR LETTER DATED II/17/21 OO 4=8637'03" DOC.NO.2017045883.O.R., R-15.00' D.R. DEED RECORDS,NUECES CO.,TX APPROXINENTLY 19 ACRES T=14.1V =22.BB' M.R. MPP RECORDS,NUECES CO.,TX CB=N14'36'41'W Cn=20.58' O.R. OMCIA-RECORDS,NUECES CO.,TX UE UTILITY EASEMENT OSO CREEK PLAT OF STARLIGHT ESTATES UNIT 8 25�' CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE!I-50' DATE PLOTTED:0-11/23 BASS & WELSH ENGINEERING PLAT-SH3 AS PLAT JOB MG:22004 VEY TX SUR REG.NO 100027-00,TX ENGINEERING SCALE t'=50' REG.NO.F-52.W54 S.ALAMEOA STREET, PLOT SCALES SAME CORPUS CHRISTI,TEX 78404 SHEET 3 OF 3 EXHIBIT 2 N ^ o 0 z w -c a r z m =z k2 Q is Ind Ind u O � s.. 4 S b L/V yyf tt � G � i 'i w Ind � � � - at d E E ? fi5 tl €J G u h a � ❑❑ G o 296 P 4- a x 5 Ow- 4 % Go L 3 U N P—TN s ,a how w G � 3 � 5 k GSA 9 " Arc .$ z " g - oo a ':v coc000a000 a o.o rvarvaoaoaoa aa000 a0000 z o Narv.urvairvrva8a «N .�., 0 -5, -4 LiqW-13 I 2�4 _33H5CNIM-,_IOA NH aArN_Nr)O Gq+L,'IS 0 9NJMCJJ, Nil 03f1NLINC,', vl- 7-1 1 HL W 4 11H II 7 1 II ti 'TII 21 III SI II z 77' --- --- ----- 3,,tZ,ll.PZN Z6 0- 11 ` yeeaay. s _ ^k yv�3 3 a Fi3 — I (a3NN_L�)£MDa ob]a AadYLS J� _ � — r _ +n; �f La3s ♦c vx ins az 173� a� —_ _ _ _ _ _ _ _ xcd 3nervrcaa�i..3a�M,kzi l 3 �+ N z i o ca I I w r 5 } z 1 1 v _ 1 ^�lo71, — 1G II + � x _ of I I �A I ti` 1 ' - - - 1 I �I _ I !� I : c I �I r JJ l� I Ord �six r II 1 Lo a ,a _ r I 1 1 9+L. 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BASS WELSH ENGINEERING Email:NixMW@aol.com 3054 S.Alameda St. TX Registration No.F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 Starlight Estates Unit 8- Reimbursement Cost Estimate 1/18/2024 Oso Pkwy(Residential 28' BB to P-1 Parkway 40' BB) Cost of 40'BB Asphalt Street ITEM DESCRIPTION 1 6.5"PCCP QUANTITY UNIT COST TOTAL 2 8"LIME STABILIZED SUBGRADE TO 2'BC 8113 SY $ 85.00 $ 689,605.00 3 EXCAVATION TO 2'BC 8929 SY $ 26.00 $ 232,154.00 4 8'CONCRETE SIDEWALK 8929 SY $ 20.00 $ 178,580.00 1836 LF $ 78.00 $ 143,208.00 $ 1,243,547.00 Cost of 28'BB Street ITEM DESCRIPTION 1 6"PCCP QUANTITY UNIT COST TOTAL 2 8"LIME STABILIZED SUBGRADE TO 2-BC 5678 SY $ 74.00 $ 420,172.00 3 8"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 6494 SY $ 26.00 $ 168,844.00 4 4'CONCRETE SIDEWALK 6494 SY $ 20.00 $ 129,880.00 1836 LF $ 38.00 $ 69,768.00 $ 788,664.00 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST $ 454,883.00 11%ENGINEERING,SURVERYING,&TESTING $ 50,037.13 7%CONTINGENCY $ 31,841.81 SUB TOTAL $ 536,761.94 2%BOND $ 10,735.24 TOTAL REIMBURSEMENT $ 547,497.18 Page 1 of EXHIBIT 4 INSURANCE REQUIREMENTS L DEVELOPER'S AND OR CONTRACTOR'S LIABILITY INSURANCE A. Developer and or Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Developer and or Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Developer and or Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Developer and or Contractors 7. Underground Hazard(if applicable) 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 POLLUTION LEGAL LIABILITY $1,000,000 Per Claim Including: (Defense costs not included in face value of the policy) Sudden and Accidental Pollution Coverage. If claims made policy,retro date must be prior to inception Cleanup and Remediation. of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this project, Developer and or Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Developer and or Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Developer and or Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Developer and or 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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Developer and or Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Developer and or 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. Developer and or 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: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Developer and or Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Developer and or 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 Developer and or Contractor to stop work hereunder, and/or withhold any payment(s)which become due to Developer and or Contractor hereunder until Developer and or Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and or Contractor may be held responsible for payments of damages to persons or property resulting from Developer and or Contractor's or its subDeveloper and or Contractor's performance of the work covered under this agreement. H. It is agreed that Developer and or 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2024 Insurance Requirements Exhibit Legal Dept. —Development Services Participation Agreement for Developers 06/07/2024 Risk Management—Legal Dept. EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory 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 N/A NIA 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: M OSSA M OSTAG HAS I Title: GENERAL PARNTER {Print} Signature of Certifying Person: date: 11-14-23 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORNISTORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Participation Agreement for Street Infrastructure Improvements Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $547,497.18 for the construction of Oso Parkway within Starlight Estates Unit 8 subdivision. (District 4) City Council October 29, 2024 Location Map N � _ 8lroini mEn„Lm Location Map a Starlight Estates Unit 08 CITY LIMITS.: 2 Total Cost Estimate Starlight Estates Unit 8-Reimbursement Cost Estimate Oso Pkwy(Residential 28'BB to P-1 Parkway 40'BB) Cost of 40'BB Asphalt Street ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 6.5"PCCP 8,113 SY $ 85.00 $ 689,605.00 2 8"LIME STABILIZED SUBGRADE TO 2'BC 8,929 SY $ 26.00 $ 232,154.00 3 EXCAVATION TO 2'BC 8,929 SY $ 20.00 $ 178,580.00 4 8'CONCRETESIDEWALK 1,836 IT $ 78.00 $ 143,208.00 $ 1,243,547.00 Cost of 28'BB Street ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 6"PCCP 5,678 SY $ 74.00 $ 420,172.00 2 8"LIME STABILIZED SUBGRADETO 2'BC 6,494 SY $ 26.00 $ 168,944.00 3 8"PORTLAND CEMENT STABILIZEDSUBGRADETO 2'BC 6,494 SY $ 20.00 $ 129,880.00 4 4'CONCRETE SIDEWALK 1,836 LF $ 38.00 $ 69,768.00 $ 788,664.00 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST $ 454,883.00 11%ENGINEERING,SURVERYING,&TESTING $ 50,037.13 7%CONTINGENCY $ 31,941.81 SUB TOTAL $ 536,761.94 2%BOND $ 10,735.24 TOTAL REIMBURSEMENT $ 547,497.18 3 Recommendation Approval Staff recommends approval of the developer participation agreement with MPM Development, LP to reimburse the developer up to $547,497.18 for the City's share of the cost to construct the street infrastructure improvements The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. w: `v a 4 Approximate Limits of r Starlight Estates Unit 08 J' �I tjj li Y .. lip •yAr 1� 0 200 400 Feet I I I I I Location Map Starlight Estates Unit 08 / Proposed Street Improvement Infrastructure � nn,T�/X. c Subject Property N.T.S The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 15487 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 10/8/2024 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. Sc 0 C7 MCOBPOHP,0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 29, 2024 DATE: October 17, 2024 TO: Peter Zanoni, City Manager FROM: Arturo Marquez, CEcD Ms. Econ, Director of Economic Development Arturom3 ,cctexas.com (361) 826-3885 Resolution to approve the PID #2 petition for the Proposed Mirabella Development, and call for a Public Hearing on 12-3-24 CAPTION: Consideration and approval of a resolution of the City Council of the City of Corpus Christi, Texas, accepting a petition to create the Mirabella Public Improvement District; calling for a public hearing under section 372.009 of the Texas local government code for the creation of the Mirabella Public Improvement District within the extraterritorial jurisdiction of the City of Corpus Christi, Texas; to consider the feasibility and advisability of establishing the district; authorizing and directing the publication and mailing of notices of the public hearing; providing for a severability clause; and proving an effective date. SUMMARY: Resolution to approve the Public Improvement District#2 petition (PID)for the Proposed Mirabella Development and call for Public Hearing date on December 3, 2024. BACKGROUND: A Public Improvement District (PID) is an economic development tool that enables an assessment to be placed on a property which is used to fund/reimburse capital costs to facilitate higher quality projects with better and more amenities that would have been constructed otherwise. Authorized PID improvements include but are not limited to water, wastewater, street, sidewalk, parking, and parks improvements. The City of Corpus Christi's City Council adopted a Public Improvement District (PID) policy to guide the creation of City PIDs in March 202. On October 18, 2024, a PID application and petition were received for the proposed Mirabella development. The 300-acre development will have 1 ,154 units ranging from single-family, multi- family, and rental residential housing, as well as 23.53 acres of parks that include 13.4 miles of hike and bike trials. The development includes amenities such as a community center, community resort-style pool, and recreation fields for residents to play baseball, pickleball, and basketball. The development anticipates a 10-year buildout in six phases with an estimated completion by 2036 and an anticipated taxable value of approximately $467 million at full buildout. In addition to the PID, the City is considering the creation of a Tax Increment Financing Zone (TIRZ) to support development of not only this development but other development in this area. Texas Local Government Code (LGC) 372.005 requires the PID petition to state (1) the general nature of the proposed improvement; (2) the estimated cost of the improvement; (3) the boundaries of the proposed assessment district; (4) the proposed method of assessment, which may specify included or excluded classes of assessable property; (5)the proposed apportionment of cost between the public improvement district and the municipality or county as a whole; (6) whether the management of the district is to be by the municipality or county, the private sector, or a partnership between the municipality or county and the private sector; (7) that the persons signing the petition request or concur with the establishment of the district; and (8) that an advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality or county. Texas LGC 372.009 requires a public hearing before a public improvement district may be established and improvements provided by the district may be financed. City Council held the required public hearing prior to considering action during this meeting. Notice of the hearing will be published in the Caller-Times newspaper by November 18, 2024. The publication was made before the 15t" day before the date of today's hearing as required by law. A written notice containing the required information outlined in Sec. 372.009 (c) will be mailed to the property owner(s). Texas LGC 372.007 authorizes the City to utilize the services of a consultant to prepare a report to determine whether an improvement should be made as proposed by the filed petition or whether the improvement should be made in combination with other improvements authorized by Tx LGC 372. The City has engaged P3Works and Norton Rose Fullbright, LLS, LLP to assist in the establishment of the district, drafting the Service and Assessment Plan and provide ongoing administration and annual updates to the Service and Assessment Plan after the levy of assessments. Action to establish the Mirabella Public Improvement District #2 is the first step in a process that equates to an intent by Council at a future date, to accept the Developer's request to assess the properties located within the boundaries of the district. The amount to be assessed and the terms of the payments would be determined in the Assessment Ordnance and Service and Assessment Plan. December 3, 2024 public hearing and creation of the district, and negotiating a development agreement. PROCUREMENT DETAIL: N/A ALTERNATIVES: City Council could decide to deny or delay action to approve the PID petition submitted by The London Proper, LLC. FISCAL IMPACT: There is no fiscal impact for this item currently. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the PID petition and the required public hearing on December 3, 2024. LIST OF SUPPORTING DOCUMENTS: Resolution Revised PID Petition PID Application Presentation CITY OF CORPUS CHRISTI, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ACCEPTING A PETITION TO CREATE THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT; CALLING FOR A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE FOR THE CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS; TO CONSIDER THE FEASIBILITY AND ADVISABILITY OF ESTABLISHING THE DISTRICT; AUTHORIZING AND DIRECTING THE PUBLICATION AND MAILING OF NOTICES OF THE PUBLIC HEARING; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Chapter 372 of the Texas Local Government Code(the"Act") authorizes the creation of public improvement districts; and WHEREAS, on October 29, 2024, the owners of real property delivered to the City of Corpus Christi, Texas (the "City") a petition for the property described in Exhibit A thereto (the "Petition", which is attached as Exhibit A and incorporated herein for all purposes) meeting the requirements of the Act and indicating: (i) the owners of more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment, and (ii)the owners of more than fifty percent(50%) of the area of all taxable real property liable for assessment within the District have executed the Petition requesting that the City Council create the Mirabella Public Improvement District (the"District"); and WHEREAS,the Act states that the Petition is sufficient if signed by owners of more than fifty percent (50%) of the taxable real property, according to appraised value, and either of the following: more than fifty percent (50%) of the area of all taxable real property liable for assessment under the proposal, or more than fifty percent (50%) of all record owners of property liable for assessment; and WHEREAS, the Act further requires that prior to the adoption of the resolution creating the District, the City Council must hold a public hearing on the advisability of the improvements, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs between the District and the City. 203251411.4 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The findings set forth in the recitals of this Resolution are found to be true and correct and are hereby approved and incorporated by reference as though fully set forth herein. Section 2. The City Council calls a public hearing to be scheduled at or after 11:30 a.m. on December 3, 2024, to be held at the regular meeting place of the City Council of the City at City Hall located at 1201 Leopard Street, Corpus Christi, Texas on the advisability of the improvements, the nature of the improvements contemplated, the estimated costs of the improvements,the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs between the District and the City. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. All residents and property owners within the District, and all other persons, are hereby invited to appear in person, or by their attorney, and speak on the creation of the District. Section 3. The City Council hereby authorizes and directs the City Secretary, on or before November 17, 2024, in accordance with the Act, to: (a)publish notice of the public hearing in a newspaper of general circulation in the City and in the part of the City's extraterritorial jurisdiction in which the proposed District is to be located or in which the improvements are to be undertaken; and (b) mail notice of the public hearing to the owners of property located in the proposed District as reflected on the tax rolls. Section 4. If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this Resolution without the invalid provision. Section 5. This Resolution shall be in full force and effect from and after the date of its passage, and it is accordingly so resolved. 203251411.4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THIS THE 29th DAY OF OCTOBER,2024. CITY OF CORPUS CHRISTI, TEXAS Paulette Guajardo, Mayor ATTEST: Rebecca L. Huerta, City Secretary APPROVED THIS 29th DAY OF OCTOBER,2024 Miles Risley, City Attorney S-1 EXHIBIT A PETITION FOR CREATION A-1 EXHIBIT B CITY OF CORPUS CHRISTI,TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended, notice is hereby given that the City Council of the City of Corpus Christi, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Rhodes Development Inc., a Texas corporation, and The London Proper, LLC, a Texas limited liability company (together, the "Petitioners"), requesting that the City create the Mirabella Public Improvement District(the "District")to include property owned by the Petitioners. Time and Place of the Hearing. The public hearing will start at or after 11:30 a.m. on December 3, 2024 at the regular meeting place of the City Council of the City at City Hall located at 1201 Leopard Street, Corpus Christi, Texas. General Nature of the Proposed Authorized Improvements. The purposes of the District include the design, acquisition, construction, and improvement of public improvement projects authorized by the Public Improvement District Assessment Act, codified as Chapter 372, Texas Local Government Code, as amended (the "Act"), that are necessary for the development of the property within the District, which public improvements (collectively,the "Authorized Improvements")may include,but not be limited to: (i) design, engineering, construction and other allowed costs related to street and roadway improvements, including sidewalks, drainage, utility construction and relocation, signalization, landscaping, lighting, signage, entry monuments, off-street parking and right-of-way; (ii) design, engineering, and construction and other allowed costs related to improvement of parks and open space, together with any ancillary structures,features,or amenities such as trails,playgrounds,walkways,artwork,lighting,and similar items located therein; (iii) design, engineering, construction and other allowed costs related to sidewalks and landscaping, and hardscaping, fountains, lighting and signage; (iv) design, engineering, construction and other allowed costs related water, wastewater and drainage (including detention); (v) acquisition, by purchase or otherwise, of real property in connection with any Authorized Improvement; (vi) design, engineering, construction and other allowed costs related to projects similar to those listed in subsections (i)—(v)above authorized by the Act,including off-site projects that provide a benefit to the property within the District (the "Subject Property"); (vii) special supplemental services for improvement and promotion of the District that are allowed or permitted by the Act,including services relating to advertising,promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation,and cultural enhancement; (viii)payment of costs associated with establishment,administration, and operation of the District and those related to operating and maintaining the Authorized Improvements; and(x)payment of costs associated with developing and financing the Authorized Improvements,and costs of establishing administering and operating the District. These Authorized Improvements shall confer a special benefit on the Subject Property proposed for inclusion within the District. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, including eligible costs related to the establishment, administration and operation of the District and expenses associated with financing Authorized Improvements is$110,600,000. Proposed District Boundaries. The District is proposed to include approximately 297.148 acres of land as more particularly described by a metes and bounds description available from the City Secretary's Office at City Hall located at 1201 Leopard Street,Corpus Christi,Texas and available for public inspection during regular business hours. B-1 Proposed Method of Assessment. City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. Each assessment may be paid in full at any time (including accrued and unpaid interest), and certain assessments may be paid in annual installments (including interest and debt). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessments and must continue for a period necessary to retire the indebtedness issued to finance or refinance those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and City. City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the District property.No municipal property in the District shall be assessed. The Petitioners may also pay certain costs of the improvements from other funds available to it as developer of the District. B-2 EARL LAVID L.EARL ATTORNEYAT LAW/SHAREHOLDER JOHNATHAN L.EARL ASSOCIATES ATTORNEY AT LAW/SHAREHOLDER a t l o r n e s a t law w JEFFREY L.EARL �' ATTORNEY AT LAW/SHAREHOLDER September , 2024 City of Corpus Christi, Texas 1201 Leopard St. Corpus Christi, Texas 78401 RE: Application for a new public improvement district to be called the"Mirabella Public Improvement District" Dear Honorable Mayor and City Council Members of the City of Corpus Christi, Texas, Attached please find an application for a new public improvement district to be called the "Mirabella Public Improvement District" ("PID")to encompass approximately 297.148 acres,more or less,of property currently located in the extraterritorial jurisdiction of the City of Corpus Christi,Texas ("Subject Property")("City"). Petitioner(s) are seeking to further development of the Subject Property with the benefit(s) of a PID and in doing so,hope to benefit the community, allow for the construction of public infrastructure, and assist in a coordinated effort to increase the availability of housing within the City and Nueces County. This PID application is likewise accompanied by relevant documentation required by the City's PID Policy. We greatly appreciate your review of the following and should you have any questions or requests for clarification regarding the application, please feel free to contact me at the information provided below or by email at jeffkearl-law.com. Respectfully, EARL & ASSOCIATES,P.C. By. Printed Name: Jeffrey L. Earl,Attorney at Law 10007 Huebner Rd.,Ste 303,San Antonio, Texas 78240•Phone 210-868-6500•Facsimile 210-405-5228 APPLICATION FOR A NEW PUBLIC IMPROVEMENT DISTRICT TO BE CALLED MIRABELLA PUBLIC IMPROVEMENT DISTRICT Prepared By: Earl & Associates, P.C. 10007 Huebner Road, Suite 303 San Antonio, Texas 78240 Tel: (210) 868-6500 September 2024 PID APPLICATION FOR THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT TABLE OF CONTENTS Attachment"A" —PID Petition Attachment"B" —Copy of Preliminary Financing Plan and Additional Information Attachment"C" —Copy of Feasibility Study ATTACHMENT A PID PETITION ATTACHMENT B PRELIMINARY FINANCING PLAN ATTACHMENT C FEASIBILITY STUDY STATE OF TEXAS § COUNTY OF NUECES § PETITION FOR CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO BE NAMED THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT WITHIN THE COUNTY OF NUECES,TEXAS TO THE HONORABLE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the undersigned (hereinafter the "Petitioner") does hereby formally and respectfully petition the City Council of the City of Corpus Christi Texas ("City"), for the creation of a public improvement district in accordance with and under the authority of the laws of the State of Texas, specifically Chapter 372, Texas Local Government Code; and WHEREAS, Petitioner is the owner of and does hold fee simple title to taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment to be included within the public improvement district proposed hereunder. As more fully set forth below, Petitioner submits this Petition for the establishment and creation of the Mirabella Public Improvement District on 297.148 acres, more or less, of real property located in the extraterritorial jurisdiction of the City and within Nueces County, Texas, on and within which the proposed Mirabella Project is to be developed; and WHEREAS, Petitioner, as proposed in this Petition, seeks creation of the Mirabella Public Improvement District, with the intention to further the development of the aforementioned property, with such property made the subject of this Petition being more fully and particularly described by survey and metes and bounds description contained in Exhibit A, attached hereto and incorporated herein by reference ("Subject Property"). Petitioner files this Petition in furtherance of the development of the Subject Property, and have designated thereon a public improvement district pursuant to and in accordance with the provisions of Subchapter A, Chapter 372, Texas Local Government Code ("Chapter 372" or the "Act"). Authorization, creation, and establishment of the Mirabella Public Improvement District, as petitioned for hereunder, would be a benefit to the community, allow for the construction of public infrastructure, and assist in a coordinated effort to increase the availability of housing within Nueces County, Texas. NOW THEREFORE, Petitioner hereby petitions the City Council of the City (the "Council"), requesting the authorization, creation, and establishment of the Mirabella Public Improvement District on the Subject Property in accordance with Chapter 372, and in support thereof would respectfully show unto the Council as follows: ARTICLE I DISTRICT NAME The name of the proposed public improvement district shall be the "Mirabella Public Improvement District" (hereinafter referred to as the"District"). PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 1 ARTICLE II PURPOSE The District shall be created and organized under the provisions of Subchapter A of Chapter 372. The primary purpose of creation of the District will be to fund and construct the project improvements, including necessary public infrastructure, related services, and provide ongoing operation, administration, and maintenance of such project improvement as allowed by Section 372.003 of the Act and identified herein. In authorizing the creation and establishment of the District, the Council would allow for increased availability of quality housing within the County on the Subject Property. ARTICLE III NATURE OF IMPROVEMENTS The general nature of the proposed public improvements (collectively, the "Authorized Improvements") are those permitted by the Act including, without limitation, any or all of the following to the extent permitted by the Act: (i) design, engineering, construction and other allowed costs related to street and roadway improvements, including sidewalks, drainage, utility construction and relocation, signalization, landscaping, lighting, signage, entry monuments, off- street parking and right-of-way; (ii) design, engineering, and construction and other allowed costs related to improvement of parks and open space, together with any ancillary structures, features, or amenities such as trails, playgrounds, walkways, artwork, lighting, and similar items located therein; (iii) design, engineering, construction and other allowed costs related to sidewalks and landscaping, and hadscaping, fountains, lighting and signage; (iv) design, engineering, construction and other allowed costs related water, wastewater and drainage (including detention); (v) acquisition, by purchase or otherwise, of real property in connection with any Authorized Improvement; (vi) design, engineering, construction and other allowed costs related to projects similar to those listed in subsections (i) — (v) above authorized by the Act, including off-site projects that provide a benefit to the Property; (vii) special supplemental services for improvement and promotion of the District that are allowed or permitted by the Act, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; (viii) payment of costs associated with establishment, administration, and operation of the District and those related to operating and maintaining the Authorized Improvements; and (x) payment of costs associated with developing and financing the Authorized Improvements, and costs of establishing administering and operating the District. These Authorized Improvements shall promote the interests of the City, as well as confer a special benefit upon the Subject Property proposed for inclusion within the District. ARTICLE IV ESTIMATED COSTS The estimated costs to design, engineer, acquire, and construct the Authorized Improvements, eligible legal and other qualifying fees, eligible costs incurred in the establishment, administration, and operation of the District is One Hundred Ten Million Six Hundred Thousand and NO/00 U.S. Dollars ($110,600,000.00), which is inclusive of financing costs. PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 2 ARTICLE V DISTRICT BOUNDARIES The proposed boundaries of the District would include and be coterminous with the Subject Property, being more particularly described in Exhibit A, attached hereto and made apart hereof by reference. ARTICLE VI METHOD OF ASSESSMENT; ASSESSABLE PROPERTY Petitioner requests that the City levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). Petitioner requests that the property liable for assessment or "Assessable Property" be as follows: property within the District that has been converted into a developed and platted lot that has been sold and conveyed to a third-party builder or end user (not including Developer, or its related entities), but specifically excludes (i) undeveloped property (i.e. property within the District that has not been converted into developed lots containing suitable sites for building single family residences), (ii) publicly-owned property (including, but not limited to, schools, public parks, and other property owned by a political subdivision of the State), and (iii)property within the District that is subject to an agricultural or open space tax exemption (as reflected on the official tax rolls of the Nueces County Appraisal District for the year in which the assessment is made). ARTICLE VII APPORTIONMENT OF COSTS The District shall bare the total costs of improvement within the District but may enter into a contribution and participation agreement with a tax increment reinvestment zone created under Chapter 311 of the Texas Tax Code with boundaries overlapping that of the District, if created, for contributions from the incremental ad valorem tax collected from within the zone in an amount approved by the City to fund costs of infrastructure and other allowed expenses. The District and City shall negotiate with other taxing entities regarding improvement costs outside the District's boundaries, but that are deemed essential to the execution of the District's Service Plan, if applicable. The City will not be obligated to provide funds to finance the Authorized Improvements, other than from assessments levied against the Subject Property within the District or as pledged from tax increment created in connection with such agreements contemplated herein. ARTICLE VIII MANAGEMENT The Petitioner proposes that the District be managed by the City or a third party administrator hired by the City, as specifically allowed by and contemplated in Section 372.005(a)(6) of the Act. PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 3 ARTICLE IX DISTRICT REQUEST Pursuant to Section 372.005(a)(7) of the Act, Petitioner, by affixing their signature hereto and filing the same with the City Secretary, hereby formally petitions and requests the City, through formal action(s) of the Council, to authorize, create, and establish the District on the Subject Property. This Petition is conditioned upon the City later executing and entering into a development and reimbursement agreement with the developer of the Subject Property. ARTICLE X ADVISORY BODY In accordance with Section 372.005(a)(8), the City may, but is not required to, establish an advisory body to develop and recommend an improvement plan to the Council. ARTICLE XI MISCELLANEOUS The Petitioner has read and understands the City's PID Policy and agrees to adhere to all language therein. With respect to community property, the City may accept the signature of a spouse as a representation of both spouses that they support the creation or renewal of the PID, absent a separate property agreement. Petitioner understands that the annual update, including any associated costs, for the PID is subject to review by City staff and final approval by City Council. Through execution and filing of this Petition by Petitioner with the City Secretary, Petitioner hereby respectfully requests that the Council take appropriate action under Chapter 372 for authorization, creation, and establishment of the Mirabella Public Improvement District on the Subject Property as set forth above. [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK. SIGNATURE PAGE(S)FOLLOW] PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 4 EXECUTED and RESPECTFULLY SUBMITTED this day of 2024. RHODES DEVELOPMENT, INC., a Texas corporation By: Name: Nicholas "Nick" B. Rhodes Its: President Date: STATE OF TEXAS § COUNTY OF HIDALGO § This instrument was acknowledged before me on the day of 2024, by Rhodes Development, Inc., a Texas corporation, by and through Nicholas "Nick" B. Rhodes, its duly authorized President. Notary Public, State of Texas My commission expires: PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 5 THE LONDON PROPER, LLC a Texas limited liability company By: Name• Its: Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2024, by The London Proper, LLC, a Texas limited liability company, by and through , its duly authorized Notary Public, State of Texas My commission expires: PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 6 EXHIBIT "A" BOUNDARIES OF THE PROPOSED DISTRICT PETITION FOR CREATION OF THE MIRABELLA PUBLIC IMPROVEMENT DISTRICT PAGE 7 Public Improvement District ( PID) Petition for the Mirabella Development & Public Hearing Presentation to City of CorpusTexas October 29, 2024 SOP 9s iE3T Public • • Petition Lh,, • PID Policy was adopted on March 31, 2020 • A PID application & PID petition has been submitted to the City of Corpus Christi for the Mirabella development on October 18, 2024 • Rhodes Development introduced the Mirabella development to City Staff in late 2023 I- jTexas LGC 372.005 requires the PID petition to state: (1) the general nature of the proposed improvement (2) the estimated cost of the improvement (3) the boundaries of the proposed assessment district (4) the proposed method of assessment, which may specify included or excluded classes of assessable property Local Government Code Requirements (5)the proposed apportionment of cost between the public improvement district and the municipality or county as a whole (6)whether the management of the district is to be by the municipality or county,the private sector, or a partnership between the municipality or county and the private sector (7) at least 50%of the property owners requesting or concurring with the establishment of the district must sign the petition; and (8)that an advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality or county. A feasible project as it creates economic development opportunities that do not currently exist Local Government Requirements • Texas LGC 372.009: requires a public hearing before a public improvement district may be established and improvements provided by the district may be financed. Notice of the hearing must be given in a newspaper of general circulation in the municipality. • The final publication of notice must be made before the 151" day before the date of the hearing. A written notice containing the required information outlined in Sec. 372.009 (c) must be mailed before the 151" day before the date of the hearing. The notice must be addressed to "Property Owner" and mailed to the current address of the owner, as reflected on tax rolls, of property subject to assessment under the proposed public improvement district. Proposed Development Highlights • This 300-acre development proposes 1,154 units ranging from single-family, multi-family, and rental residential Al housing, as well as 23.53 acres of parks that include 13.4 miles of hike and bike trials.The development includes amenities such as a community center, community resort-style pool, and recreation fields for residents to play baseball, pickleball, and basketball. • Possible TIRZ for London area carom Aox zz 31 N m k vr7009 4 6✓ n 40 - a � � , s y Next Steps kL Today • Call a Public hearing on the district December 3 • Create the district Early 2025 • Approve development agreement • Create a TIRZ Staff Recommendation City Council to accept the Public Improvement District petition and set the date for the public hearing on December 3, 2024. Questions ?