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Agenda Packet City Council - 02/14/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, February 14,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Pro Tem Carolyn Vaughn to call the meeting to order. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0214 Proclamation declaring February 12 - 18, 2017, "National League of United Latin American Citizens Week". Proclamation declaring February 12 - 18, 2017, "Texas A&M University - Corpus Christi 2017 Islander Homecoming Week". Commendation recognizing Calallen Football Coach Phil Danaher. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. WATER QUALITY UPDATE Corpus Christi Page 1 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 b. OTHER G. MINUTES: 2. 17-0210 Regular Meeting of January 31, 2017 Attachments: Minutes-January 31, 2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0213 Corpus Christi Downtown Management District Landmark Commission Parking Advisory Committee Reinvestment Zone No. 3 Board Attachments: Corpus Christi Downtown Management District Landmark Commission Parking Advisory Committee Reinvestment Zone No. 3 Board I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Corpus Christi Page 2 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 16) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0112 Resolution Approving submission of a grant application for funding available under the Violence Against Women Act (VAWA) Resolution authorizing the submission of a grant application in the amount of$47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of$17,314.58, an in-kind match of$8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo-VAWA application 01.31.2017 Resolution -VAWA 2017 5. 17-0113 Resolution authorizing the submission of a grant application for funding available under the Victims of Crime Act (VOCA) fund for the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of$281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of$60,865.04 and $9,600 in-kind services, for a total project cost of$352,325.22; and authorizing the City Corpus Christi Page 3 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo VOCA 01.31.2017 Resolution -VOCA GRANT 2017 6. 17-0087 Approving the Purchase of Police Uniforms Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. Attachments: Agenda Memo- Police Uniforms Price Sheet- Police Uniforms.xlsx Form 1295-Police Uniforms 7. 17-0092 Service Agreement for Custodial Services at the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service-South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed $93,000, with an estimated expenditure of$54,250 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Custodial Services Bid Tabulation-Custodial Services.xlsx Service Agreement-Custodial Services Form 1295-Custodial Services.pdf 8. 17-0075 Purchase and Installation of Scale Replacement at J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. Attachments: Agenda Memo Scale Replacement at JC Elliott Bid Tab-Scale Replacement at JC Elliott Transfer Station.pdf Service Agreement-Scale Replacement at JC Elliott Transfer Station Form 1295 Scale Replacement at JC Elliott Transfer Station 9. 17-0084 Service Agreement for Servicing of Scales at Landfills Cefe Valenzuela and J.C. Elliott Corpus Christi Page 4 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. Attachments: Agenda Memo Servicing of Scales Landfills Bid Tab-Servicing of Scales at Cefe Valenzuela and JC Elliott Landfills Service Agreement-Servicing of Scales at Cefe Valenzuela and JC Elliott Land Form 1295 Servicing of Scales Landfill 10. 17-0101 Lease Purchase of Refuse and Recycle Containers (Carts) Motion authorizing City Manager, or designee, to lease-purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96-gallon refuse containers and 1,870 96-gallon recycle containers for a total amount of$569,409.99, with an estimated expenditure of$66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Government (H-GAC). The containers will be used in the City's automated collection program. Lease-Purchase Price $534,736.80 Interest $34.673.19 Total $569,409.99 Attachments: Agenda Memo- Leased Purchase of Refuse and Recycle Containers Carts Price Sheet- Leased-Purchase of Refuse and Recycle Carts Form 1295-Leased Purchase of Refuse and Recyle Containers 11. 17-0102 Service Agreement for Electrical Services for Cefe Valenzuela Landfill and J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed $33,600, with an estimated expenditure of$19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12-month period at the sole discretion of the City. Attachments: Agenda Memo- Electrical Services for Cefe Valenzu and Elliott Bid Tab- Electrical Services for the Cefe Valenzuela and JC Elliott Landfills.pdf Service Agreement- Electrical Services for Cefe Valenzuela and JC Elliott Land Corpus Christi Page 5 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Form 1295-Electrical Services for Cefe Valenzula and Elliott 12. 16-1432 Second Reading Ordinance - Continuing the curfew for minors (1st Reading 1/31/17) Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. Attachments: Agenda Memo-Juvenile Curfew Ordinance 01.24.2017 Ordinance -Juenile Curfew Continuation 2017- Police Presentation -Curfew Ordinance 01.31.2017 13. 17-0040 Second Reading Ordinance - Rezoning property located at 4222 Airline Road (1st Reading 1/31/17) Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. The property is described as a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16., from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1216-01 AEL Development w Att Ordinance - 1216-01 Ael Development Aerial Maps - 1216-01 AEL Development Zoning Report- 1216-01 AEL Development w Att 14. 17-0049 Second Reading Ordinance - Rezoning for property located at 5333 and 5337 South Staples Street (1st Reading 1/31/17) Corpus Christi Page 6 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1116-02 Lu Keiu Thi rev Ordinance - 1116-02 Lu Keiu Thi rev Aerial Maps- 1116-02 Lu Keiu Thi Zoning Report- 1116-02 Lu Keiu Thi 15. 17-0061 Second Reading Ordinance -Accepting and appropriating a donation for the purchase and Installation of Playground Equipment for Bayshore Park (1st Reading 1/31/17) Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Attachments: Agenda Memo- Playground Equip and Install at Bayshore Park Ordinance - Accepting Donation Park Equipment vFinal 20170116 Price Sheet- Playground Equip and Installation at Bayshore Park.xlsx Service Agreement- Playground Equip and Install for Bayshore Park.pdf Form 1295-Playground Equip and Install for Bayshore Park.pdf 16. 17-0122 Second Reading Ordinance - Accepting and appropriating increased grant funds for the Tuberculosis Prevention and Control-Federal grant (TB/PC-FED) (1st Reading 1/31/17) Corpus Christi Page 7 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. Attachments: Agenda Memo-TB Fed. Grant Contract(1-1-2017 to 1-1-2018)(c)1-20-2017 Ordinance -Amending TB FED Grant(1-1-2017 to 1-1-2018)(a).1-17-2017 Contract-TB-FED Grant No. 2016-002508-01 (1-1-2017 to 1-1-2018) PEND. C L. RECESS FOR LUNCH City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. 17-0167 Public Hearing and First Reading Ordinance - Rezoning property located at 16013 Northwest Boulevard Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. The property to be rezoned is described as a 1.776 acre tract of land of a portion out of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by George Tintera and Ping Jung Tintera ("Owners"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG-2" General Commercial District; amending the Comprehesive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0117-05 George and Ping Jung Tintera Ordinance 0117-05 Tintera w ATT final Aerial Maps-0117-05 George and Ping Jung Tintera Corpus Christi Page 8 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Zoning Report-0117-04 George and Ping Jung Tintera Att 18. 17-0173 Public Hearing and First Reading Ordinance - Rezoning property located at 14836 Granada Drive Case No. 0117-01 SuperElite, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0117-01 SuperElite, LLC Ordinance 0117-01 PUD SuperElite, LLC. with Exhibits rev Presentation -0117-01 SuperElite, LLC PUD Zoning Report-0117-01 SuperElite, LLC N. REGULAR AGENDA: (ITEM 19) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 17-0096 Second Reading Ordinance -Amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities (Tabled 1/17/17) (1st Reading 1/31/17) Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the Corpus Christi Page 9 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 City's water supply, and providing for penalties, publication, severance, and an effective date. Attachments: Agenda Memo- Backflow Ordinance Ordinance -City Conducted Backflow testing and repair-Jan 31 Meeting Presentation - Backflow Recommendations O. FIRST READING ORDINANCES: (ITEMS 20 -21) 20. 17-0168 First Reading Ordinance - Service Agreement to Manage and Operate the Al Kruse Tennis Center Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for AI Kruse Tennis Center for a term of 36 months with up to two additional 12-month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of$38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the AI Kruse Tennis Center. Attachments: Agenda Memo-Al Kruse Tennis Ctr Manag Operation Ordinance -Al Kruse Tennis Ctr Manage Operation Service Agreement-Al Kruse Tennis Center Form 1295-Al Kruse Tennis Center Management.pdf Matrix RFP 172 Al Kruse Tennis Center Informal Staff Report 1-12-17-Al Kruse Tennis Center Memo 1.12.17 Informal Staff Report 2-8-17 -Al Kruse Tennis Center Solicitation 21. 17-0091 First Reading Ordinance - Granting a Revocable Easement and Temporary Construction Easement on four (4) City Owned Properties Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. Attachments: Agenda Memo- DCP Sand Hills Pipeline LLC Ordinance - DCP Sand Hills Pipeline LLC Easement- DCP Sand Hills Pipeline LLC Temporary Easement Exhibit A-Location 1 Exhibit A-Location 2 Exhibit A-Location 3 Exhibit A-Location 4 Corpus Christi Page 10 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Location Map Presentation Pipeline P. FUTURE AGENDA ITEMS: (ITEMS 22 - 28) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 17-0059 Engineering Design Contract for Community Park Development and Improvements -West Guth Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Turner Ramirez Architects of Corpus Christi, Texas in the amount of$125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). Attachments: Agenda Memo-West Guth Park.docx Project Budget-West Guth Park.xlsx Location Map-West Guth Park.pdf Presentation -West Guth Park rev3.pptx Contract for Professional Services w signature.pdf Form 1295-E14016 West Guth Park TRA.pdf 23. 17-0160 Construction Contract and Testing Agreement for Gollihar Road Improvements Staples Street to Weber Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$10,601,341.44 for Gollihar Road from Staples Street to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of$90,801.00 for Gollihar Road from Staples Street to Weber Road. (Bond 2014, Proposition 1). Attachments: Agenda Memo Gollihar Road Prosect Budget-Gollihar Location Map-Gollihar Road Presentation Gollihar Road Construction Materials Testing Agreement Form 1295 Rock Form 1295 Bay Informal Staff Report 2-2-2017-Asphalt Concrete 2.2.17 24. 17-0110 Service Agreement for Maintenance and Calibration for Hach instruments at the O.N. Stevens Water Treatment Plant Corpus Christi Page 11 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 Motion authorizing City Manager, or designee, to execute a service agreement with Hach Company, of Loveland, Colorado for maintenance and calibration services as a sole source for a total amount not to exceed $422,713.80, with an estimated expenditure of$79,838.27 in FY2016-2017. The term of the agreement is for three 12-month periods with an option to extend for up to two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Hach Service Agreement-Hach Form 1295 25. 17-0125 Concession Agreement for In-Terminal Advertising Motion authorizing the City Manager or designee to execute a concession agreement with In-Ter-Space Services, Inc., doing business as Clear Channel Airports, of Allentown, Pennsylvania, for in-terminal advertising services at the Corpus Christi International Airport for a term of five years, with one five-year renewal option, with a minimum annual revenue guarantee of$60,000 or 45% of gross receipts, whichever is greater. Attachments: Agenda Memo-CCIA In-Terminal Advertising Concession Agreement Concession Agreement-CCIA In-Terminal Advertising Form 1295-CCIA In-Terminal Advertising.pdf Evaluation Matrix -CCIA In-Terminal Advertising 26. 17-0177 Lease-Purchase of a Valve Maintenance Trailer for Water Department Resolution authorizing the City Manager, or designee, to lease-purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. Total Lease-Purchase Price: $75,387.35 Total Estimated Allowable Interest for Lease: $6,892.86 Grand Total: $82,280.21 Attachments: Agenda Memo-Valve Maint Trailer Resolution Sole Source -Valve Maintenance Trailer Price Sheet-Valve Maintenance Trailer Sole Source Letter Corpus Christi Page 12 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 27. 17-0186 Lease-Purchase of Two 2017 Isuzu PipeHunter Trucks for Wastewater Department Motion authorizing the lease-purchase of two 2017 Isuzu PipeHunter trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $239,644.19, with an estimated expenditure of $23,914.44 in FY2016-2017. Total Lease-Purchase Price: $220,450.00 Total Estimated Allowable Interest for Lease: $19,194.19 Grand Total: $239,644.19 Attachments: Agenda Memo- PipeHunter Trucks Price Sheet- PipeHunter Trucks 28. 17-0180 Establish Submission Deadline for Board, Commission & Committee Applications Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. Attachments: Agenda Memo- Deadline for Board Applications.pdf Resolution -Deadline for Board Applications.pdf Q. BRIEFINGS: (ITEMS 29 -30) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 29. 17-0209 Update on May 6, 2017 Special Election Attachments: Agenda Memo-Update on May 2017 Special Election PowerPoint- Update on May 6 2017 Special Election 30. 17-0183 Red Light Camera Review Attachments: Agenda Memo- red light cameras 02.14.2017 Presentation Red Light Camera-city council 02.14.2017 R. EXECUTIVE SESSION: (ITEMS 31 -33) 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 Corpus Christi Page 13 Printed on 2/15/2017 City Council Meeting Agenda-Final February 14,2017 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. 31. 17-0190 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges. 32. 17-0216 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 annexation, the provision of utility services in newly annexed areas, municipal authority in the City's extraterritorial jurisdiction, and wind farms, and other legal matters related to the annexation and provision of municipal services in areas annexed by the City in 2014. 33. 17-0217 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 economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). S. ADJOURNMENT Corpus Christi Page 14 Printed on 2/15/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,January 31,2017 2:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 5:30 P.M. ON CITY-RELATED MATTERS THAT ARE NOT SCHEDULED ON THE AGENDA. PUBLIC COMMENT ON AGENDA ACTION ITEMS WILL BE HEARD AT THE TIME THE COUNCIL CONSIDERS THE AGENDA ITEM. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Pro Tem Carolyn Vaughn to call the meeting to order. Mayor Pro Tem Carolyn Vaughn called the meeting to order. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sarah DeLeon Victim Case Manager, Police Department, Family Violence Unit. Ms. Sarah DeLeon led the Pledge of Allegiance. D. City Secretary Rebecca 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 Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Corpus Christi Page 1 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Pro Tem Vaughn conducted the swearing-in ceremony for newly appointed board, commission and committee members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Vaughn referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) City Manager Rose stated that after the recent water situation,she informed the City Council that she would be reviewing the industrial district agreements with staff.As a result of the review,the industrial district businesses should have started to receive letters from the City requiring the industrial district provide an affidavit to be submitted to the City along with recent backflow prevention assembly tasks and maintenance reports. This affidavit will be required annually since the City may prescribe rules and regulations related to the delivery of utilities as outlined in their agreement. The affidavit requires a site plan detailing all utility connections and all backflow devices and air gaps. A licensed engineer must certify the affidavit identifying all actual or potential hazards to the public water system and all devices utilized to the protection of all public water facilities serving the property.2)The next"Conversations with the City Manager"will be held on Tuesday, February 7,2017 at 1:30 pm. at the Lindale Senior Center located at 3135 Swantner Street. 3)The grand opening of the Play-for-All Playground at Salinas Park will be held Saturday, February 4, 2017 at 12:30 a.m. located at 1354 Airport Road.4)City Manager Rose recognized Senior Accountant Jason Gooding for recently receiving his Certified Public Accountant license and Business Liaison Alyssa Michelle Barrera for recently earning an Economic Development Finance Professional certification. G. MINUTES: 2. Regular Meeting of January 24, 2017. Mayor Pro Tem Vaughn referred to approval of the minutes.A motion was made by Council Member Rubio,seconded by Council Member Garza, that the Minutes be approved. The motion carried by a unanimous vote. H. BOARD &COMMITTEE APPOINTMENTS: 3. Watershore and Beach Advisory Committee Corpus Christi Page 2 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Mayor Pro Tem Vaughn referred to board and committee appointments. The following appointments were made: Watershore and Beach Advisory Committee Council Member McComb made a motion to reappoint Carrie Meyer(At-Large), Jyoti Patel (Hotel/Condo Owner), and Jennifer Pollack(Scientist), seconded by Council Member Garza and passed unanimously. Mayor Pro Tem Vaughn nominated Erick O. Engen (At-Large). Council Member Molina nominated Dr. Philippe Tissot(At-Large). Council Member Smith nominated Terry A. Palmer(At-Large). Council Members Vaughn and Rubio voted for Erick O. Engen. Council Members Guajardo and Molina voted for Dr. Philippe Tissot. Council Members Garza, Smith, McComb and Hunter voted for Terry A. Palmer. With no nominee receiving a majority vote, a runoff was held between Erick O. Engen and Dr. Philippe Tissot. Council Members Hunter, Rubio,Vaughn, McComb, and Garza voted for Erick O. Engen and Council Members Molina, Guajardo and Smith voted for Dr. Philippe Tissot. Erick O. Engen received the majority vote to have a runoff with Terry A. Palmer. Terry A. Palmer(At-Large)was appointed with Council Members Hunter, Molina, McComb, Guajardo, Smith and Garza voting for Terry A. Palmer and Council Members Rubio and Vaughn voting for Erick O. Engen. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor Pro Tem Vaughn referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 5, 6, 7, 8, and 9 be pulled for individual consideration. A motion was made by Council Member Smith,seconded by Council Member Guajardo,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Service Agreement for Mowing of Storm Water and Street Rights-of-Way Motion authorizing City Manager, or designee, to execute a service agreement with 2Chainz Brush Clearing, LLC of Lolita, Texas, for mowing of storm water and street rights-of-way, in accordance with Request for Bids No. 165, based on the lowest, responsive, Corpus Christi Page 3 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 responsible bid for a total amount not to exceed $367,772.00, with an estimated expenditure of$245,181.33 in FY2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods, subject to the mutual consent of the City Manager and the contractor. This Motion was passed on the Consent Agenda. Enactment No: M2017-014 10. Second Reading Ordinance - Transferring and appropriating matching funds for the Retired Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP) Grants (1st Reading 1/24/17) Ordinance transferring $79,173 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Retired Senior Volunteer Program (RSVP) and transferring $76,903 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Senior Companion Program (SCP); amending Ordinance No. 030818 to authorize the transfer of matching grant funds for the RSVP and SCP programs budgeted in the No. 1020 General fund to and appropriate them in the No. 1067 Parks and Recreation Grant Fund for said programs. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031053 11. Second Reading Ordinance -Accepting and approriating funds in the Community Enrichment fund for park improvements (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031054 12. Second Reading Ordinance - Short-term Lease Agreement for Buccaneer Commission (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute a short-term lease agreement with Buccaneer Commission for the use of Corpus Christi Page 4 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month, not to exceed six months. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031055 5. Service Agreement for the purchase of a Gas/Blower Flare for the Cefe F. Valenzuela Landfill Motion authorizing the City Manager or designee to execute a service agreement with Parnel Biogas. Inc., of Tulsa, Oklahoma, for the purchase of a gas/blower flare in accordance with Request for Bids No.184, based on lowest, responsive and responsible bid for a total amount not to exceed $271,475.64, to be funded by Solid Waste 2017 Certificates of Obligation. The term of the agreement is for 12 months. Mayor Pro Tem Vaughn referred to Items 5 and 6 related to the Cefe Valenzuela Landfill. Director of Solid Waste Operations Lawrence Mikolajczyk and council members discussed the following topics:separately bidding the gas/blower flare from the gas collection and control system project to expedite the project; the installation of the gas/blower flare being used for the methane gas extraction system at the Cefe Valenzuela Landfill;whether the gas/blower flare is required by the Environmental Protection Agency(EPA);the cost associated with the gas collection and control system; hiring of full-time construction management to oversee the gas collection and control system project;the deadline of November 2017 to complete the project; and the cost of construction and testing fees. Council Member Rubio made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: M2017-015 6. Construction Contract and Professional Services Contract for Cefe F. Valenzuela Landfill Gas Collection and Control System (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Tri Con Works, LLC. of Houston, Texas in the amount of$1,019,690 for the Cefe F. Valenzuela Landfill Gas Collection and Control System for the total base bid and to execute a contract for Construction Phase Engineering and Quality Assurance Services with SCS Engineers, Inc. from Austin, Texas in the amount of Corpus Christi Page 5 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 $268,000 for full-time construction management. (Capital Improvement Project) This item was discussed during the discussion on Item 5. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: M2017-016 7. Engineering Construction Contract and two Materials Testing Agreements for Gollihar Road Improvements from Kostoryz Road to Weber Road (Bond 2014 Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$13,534,848.30 for Gollihar Road Improvements from Kostoryz Road to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of$63,725.00 for Gollihar Road from Weber to Carroll Lane and to execute a construction materials testing agreement with Rock Engineering in the amount of$59,359.00 for Gollihar Road from Carroll to Kostoryz. (BOND 2014 Proposition 1) Mayor Pro Tem Vaughn referred to Item 7, Gollihar Road Improvements. Director of engineering Services Jeff Edmonds and council members discussed the following topics:the last time Gollihar Road was done and how long it has lasted; clarification that Gollihar Road will remain five lanes;the engineer's opinion of probable cost; the pavement condition index(PCI) on Gollihar Road;the number of construction materials testing firms; construction materials testing firms bid through an Request for Qualifications (RFQ) process;the option of concrete for Rodd Field Road; a list of roads that have been completed according to the new 30-year design standards and their condition; Flato Road being bid in both concrete and asphalt; the construction date and condition of Waldron Road; researching previous City Council direction to bid roads with both asphalt and concrete; and a report on construction awards for 2012 through 2014 projects. Council Member Garza made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Corpus Christi Page 6 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Abstained: 0 Enactment No: M2017-017 8. Engineering Construction Contract for Street Preventative Maintenance Program (SPMP) FY 2017 - Street Overlays Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of$9,421,462.50 for the total base bid and two (2) one-year renewal options for the Street Preventative Maintenance Program (SPMP) street overlays and to execute two construction materials testing agreement with Rock Engineering for Part 1 -West in the amount of$74,965.00 and for Part 2 - East in the amount of $74,965.00 for SPMP street overlays. Mayor Pro Tem Vaughn referred to Item 8. There was no discussion on this item. Council Member Garza made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-018 9. Resolution supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding Resolution of the City of Corpus Christi, Texas supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding. Mayor Pro Tem Vaughn referred to Item 9, a resolution supporting the introduction of legislation authorizing a motor fuel tax on a local option basis for residential street funding. Council members discussed the following topics: the taxpayers not wanting an additional tax;finding other solutions to address residential streets; concern that the legislature would not support the resolution; if the legislature were to approve the local option, it would only be giving City Council permission to take the motor fuel tax to the voters; and the recently approved Charter amendment to raise taxes for residential streets. Mayor Pro Tem Vaughn called for comments from the public. Jack Gordy,4118 Bray, and Ken Baker, 7421 Idle Hour,spoke in support of the resolution. Trian Serbu, 14310 Playa Del Ray,spoke in opposition to the resolution. Corpus Christi Page 7 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Council Member McComb made a motion to approve the resolution,seconded by Council Member Guajardo. This Resolution failed and was not approved with the following vote: Aye: 3- Council Member Garza, Council Member McComb and Council Member Smith Nay: 5- Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Vaughn Abstained: 0 K. PUBLIC HEARINGS: (ITEMS 13 - 16) 13. Public Hearing and First Reading Ordinance -Continuing the curfew for minors Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. Mayor Pro Tem Vaughn referred to Item 13. Police Chief Mike Markle stated that the purpose of this item is to hold a public hearing on the continuation of the curfew ordinance for minors. Chief Markle stated that the City is required to renew the curfew ordinance every three years from the date of inception. Chief Markle provided data on the juvenile crime trends. Mayor Pro Tem Vaughn opened the public hearing.Abel Alonzo, 1701 Thames, applauded Chief Markle for continue to support the curfew ordinance. Mayor Pro Tem Vaughn closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 14. Public Hearing and First Reading Ordinance - Rezoning property located at 4222 Airline Road Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. The property is described as a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Planning Commission and Staff Recommendation (December 14. Corpus Christi Page 8 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16., from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Vaughn referred to Item 14. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow development of 120 lots into single family residential homes. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning ordinance. Mayor Pro Tem Vaughn opened the public hearing. There were no comments from the public. Mayor Pro Tem Vaughn closed the public hearing.A council member asked questions regarding the reason for the two votes of opposition by the Planning Commission. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 15. Public Hearing and First Reading Ordinance - Rezoning for property located at 5333 and 5337 South Staples Street. Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Corpus Christi Page 9 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Vaughn referred to Item 15. City Secretary Huerta announced that Council Member McComb was abstaining from this item. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow redevelopment on the corner of a small retail center,standalone restaurant, or a bar. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Pro Tem Vaughn opened the public hearing. There were no comments from the public. Mayor Pro Tem Vaughn closed the public hearing.A council member spoke in support of the zoning change. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member McComb 16. Public Hearing and First Reading Ordinance -Amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities (Tabled 1/17/17) Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date. Mayor Pro Tem Vaughn referred to Item 16. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to provide recommendations to amend the City's Code of Ordinance regarding backflow cross connection. The revisions to the ordinance include: 1) allowing the City to test and certify delinquent commercial and residential backflow assemblies and 2) appropriate charges for testing, repair or replacement to be placed on customer utility bills. Testing and certification for residential irrigation backflow prevention assemblies will remain at a three-year cycle.All Corpus Christi Page 10 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 commercial assemblies are currently required to be tested and certified on an annual basis. Mayor Pro Tem Vaughn opened the public hearing. Chris Phelan, 3806 Kingston,spoke regarding the maintenance records for backflow prevention devices. Mayor Pro Tem Vaughn closed the public hearing. Council members and Mr. Dimas spoke regarding the following topics: record keeping requirements for backflow certification; compliance notification; education timeframe for notifying residents of ordinance revisions;whether the Texas Water Code requires the City to maintain records on backflow preventers and audits to be conducted by the Texas Commission on Environmental Quality(TCEQ);the Texas Water Code specifying when a backflow device is required;the portion of the ordinance pertaining to governmental property;the affidavit form provided by the building official; failure to report test results;the inspections for residential irrigation backflow devices remaining at a three-year cycle; and whether the City will continue giving plumbers a list of backflow devices. Council Member Garza made a motion to approve the ordinance,seconded by Council Member McComb. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 O. BRIEFINGS: (ITEM 31) 31. CCREDC Quarterly Update to City Council (Q1 2017) Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 31. Iain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation (EDC),stated that the purpose of this item is to provide the EDC quarterly update. Mr. Vasey presented the following information:employment by sector; EDC goals and results; key economic indicators;2016 economic outlook watch list; and the 2017 strategic plan. Council members spoke regarding the following topics:the sales tax reduction of 11%;the current status of the sales tax; an explanation of government sector jobs; a status of the Sitel project; and an update on TPCO II. L. REGULAR AGENDA: (ITEMS 17 - 20) 19. Second Reading Ordinance -Amending the Ethics Code as recommended by the Ethics Commission (1st Reading 1/10/17) Ordinance amending the City Code of Ethics by revising sections to expand conflict of interest prohibitions; to prohibit disclosure or use of confidential information; to prohibit City Councilmember from Corpus Christi Page 11 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 participating in appointment of a person who contributed $2700 or more to the Councilmember's campaign; to prohibit registration as a lobbyist within 2 years of leaving City service; to provide clarification of Ethics Commission review of Financial Disclosure Reports; providing for severance and providing for publication. Mayor Pro Tem Vaughn deviated from the agenda and referred to Item 19. Senior Assistant City Attorney Lisa Aguilar stated that the purpose of this item is to amend the City's Code of Ethics. The amendments include: removing Section 2-311(4) Special Privileges; amending Section 2-311(8)(A) Conflict of Interest to expand the circle of influence; adding Section 2-311(8)(B)Conflict of Interest to provide that no city employee or city official shall profit from privileged information discussed in confidential city meetings; adding Section 2-311(8)(D)(5)Conflict of Interest to provide for the definition of elected official; adding Section 2-311(8)(E)Conflict of Interest to provide that a person cannot use their position to influence city officials or city employees in performance of their duties related to a contract involves an individual or organization who contributed to the official during the most recent election; adding Sections 2-311(16)and(17)Confidential Information to expand the language that an official is not using their position to obtain official information other than for performing official duties and to not disclose confidential information relating to city affairs obtained through their position; adding Section 2-311(21)(E) Conflict of Interest prohibiting council participation in an appointment of a person who contributed$2,700 or more to their total campaign contribution during the previous election; adding Section 2-316(D) Lobbyist prohibiting a person from registering as a lobbyist with the City for a period of two years from end of City service; and amending Section 2-326(a)(3) Ethics Commission duties regarding financial disclosure reports. Mayor Pro Tem Vaughn called for comments from the public. Abel Alonzo, 1701 Thames,thanked the Ethics Commission for their hard work. A council member spoke regarding communications between City Council and staff. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031058 17. Second Reading Ordinance - Five Year Lease Agreement for Buccaneer Commission (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms Corpus Christi Page 12 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 with rental rates to be increased each five-year term by ten percent; and providing for publication. Mayor Pro Tem Vaughn referred to Item 17, a five-year lease agreement with the Buccaneer Commission for the Tex-Mex Railroad Depot. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that after the first reading on this item,the Legal Department recognized that the item did not require a 28-delay between readings. The ordinance will need to be amended to remove the wording regarding publication. There were no comments from the public. Council members and Ms.Anaya spoke regarding the following topics: proactive measures to lease the buildings vacated by the Corpus Christi Chamber of Commerce and the Hispanic of Commerce; and evaluating the feasibility for Parks and Recreation Department to move to Heritage Park. Council Member Garza made a motion to approve the ordinance,seconded by Mayor Pro Tem Vaughn. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031056 18. Second Reading Ordinance to adopt the proposed Mustang/Padre Area Development Plan (1st Reading 1/24/17) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the Mustang/Padre Island Area Development Plan; defining the City's Comprehensive Plan policies on Mustang and Padre Island for protection of the environment, land use, transportation, economic development, public services, capital improvements, and plan implementation; rescinding the Mustang/Padre Island Area Development Plan adopted by City Council Ordinance #025725, April 20, 2004; providing for severance; and providing for publication. Mayor Pro Tem Vaughn referred to Item 18. Assistant Director of Planning/ESI Daniel McGinn stated that the purpose of this item is to adopt the proposed Mustang/Padre Island Area Development Plan.William Goldston, member of the Island Strategic Action Committee, was available to respond to questions. Mayor Pro Tem Vaughn called for comments from the public. Johnny French, 4417 Carlton,spoke regarding the the need to complete the Packery Channel six pack projects. Trian Serbu, 14310 Playa Del Ray,stated his opposition to approving the plan if it included Park Road 22 Bridge and the Schlitterbahn project. Council members spoke regarding the following topics:the bond language for Packery Channel six pack project;the 380 agreement with Schlitterbahn; and Corpus Christi Page 13 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 whether Schlitterbahn is located within Tax Increment Financing Zone#2. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031057 20. Resolution approving Service Agreements for Wrecker Services for City-Owned Vehicles and Equipment Resolution finding the lowest, responsive, responsible bidder for wrecker services for City-owned vehicles and equipment by group in response to Request for Bids No. 167; awarding a one-year service agreement, with two one-year renewal options, to the lowest responsible bidder per group; and authorizing the City Manager or designee to execute the service agreements. Momento Towing, LLC DDR& RS, Inc. dba Apollo Towing Service Corpus Christi, Texas Corpus Christi, Texas Group 1 Group 2 $101,775.50 $47,325.00 Grand Total: $149,100.50 Mayor Pro Tem Vaughn referred to Item 20. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to approve service agreements for wrecker services for City-owned vehicles and equipment by group; awarding a one-year service agreement, with two one-year renewal options. Group one for light trucks and sedans is recommended to be awarded to Momento Towing LLC and Group two for heavy trucks and equipment is recommended to be awarded to DRR&RS, dba Apollo Towing Service. Mayor Pro Tem Vaughn called for comments from the public. Michael Staff, Vice President for Apollo Towing, stated that Apollo Towing is currently the City's light and heavy duty towing provider. Mr. Staff spoke regarding Apollo's ability to perform both the light and heavy duty towing and the company's extensive training.Abel Alonzo, 1701 Thames,thanked the staff for recommending the lowest bidder for the wrecker services.Joan Veith, 5701 Cain Drive, spoke in support of Apollo Towing. Dave Resendez, 8640 King Ranch Drive and President of DDR&RS,spoke regarding the following: concerns with the bidding process;whether Momento Towing has the ability to perform the agreement and has sufficient training;the need for officer and employee safety; and requested that Group one not be awarded to Momento Towing. Mayor Pro Tem Vaughn announced that she had to abstain from the discussion and vote on this item. Scott Leeton, 7122 Windwillow, spoke in Corpus Christi Page 14 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 support of Apollo Towing. Council members and Mr. Davis spoke regarding the following topics: the price difference of the bids;the bidding process; concerns that Momento Towing have the correct licenses and permits; whether staff feels that the agreement was vetted fairly; performance clause in the contract;whether Group one could be split between the new supplier and the incumbent;the vendor scoring system;tracking performance;whether the incident management license was a requirement; concern with safety issues;the difference between Group 1 and Group 2; and insurance requirements and indemnification. Council Member Guajardo made a motion to approve the resolution,seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 5- Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina and Council Member Smith Nay: 2- Council Member Garza and Council Member Rubio Abstained: 1 - Council Member Vaughn Enactment No: 031059 M. FIRST READING ORDINANCES: (ITEMS 21 -22) 21. First Reading Ordinance -Accepting and appropriating a donation for the purchase and Installation of Playground Equipment for Bayshore Park Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Mayor Pro Tem Vaughn referred to Item 21. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate a$150,000 grant from HEB Tournament of Champions Charitable Trust for Bayshore Park and execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. in the amount of$144,672.80. There were no comments from the public.A council member expressed appreciation to HEB for being a great community partner. Council Member Guajardo made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 15 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 22. First Reading Ordinance - Accepting and appropriating increased grant funds for the Tuberculosis Prevention and Control-Federal grant (TB/PC-FED) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. Mayor Pro Tem Vaughn referred to Item 22. Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-Federal grant in the amount of$48,345,with a City match of$9,696, increasing the total match amount to$19,338.00. Mayor Pro Tem Vaughn called for comments from the public. Chris Phelan, 3806 Kingston, asked how the funding would be used. Mr. Uhlarik explained that the funds would be used by the Corpus Christi-Nueces County Public Health District to provide services to prevent and control tuberculosis. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Mayor Pro Tem Vaughn called for a brief recess at 5:10 p.m. Mayor Pro Tem Vaughn reconvened the meeting at 5:23 p.m. N. FUTURE AGENDA ITEMS: (ITEMS 23 - 30) Corpus Christi Page 16 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Mayor Pro Tem Vaughn referred to Future Agenda Items. City Manager Margie C. Rose stated that staff did not have any planned presentations. A council member requested information on Item 29. 23. Resolution Approving submission of a grant application for funding available under the Violence Against Women Act (VAWA) Resolution authorizing the submission of a grant application in the amount of$47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of$17,314.58, an in-kind match of$8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 24. Resolution authorizing the submission of a grant application for funding available under the Victims of Crime Act (VOCA) fund for the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of$281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of$60,865.04 and $9,600 in-kind services, for a total project cost of$352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 25. Approving the Purchase of Police Uniforms Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. This Motion was recommended to the consent agenda. 26. Service Agreement for Custodial Services at the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service-South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed Corpus Christi Page 17 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 $93,000, with an estimated expenditure of$54,250 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods at the sole discretion of the City. This Motion was recommended to the consent agenda. 27. Purchase and Installation of Scale Replacement at J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. This Motion was recommended to the consent agenda. 28. Service Agreement for Servicing of Scales at Landfills Cefe Valenzuela and J.C. Elliott Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. This Motion was recommended to the consent agenda. 29. Lease Purchase of Refuse and Recycle Containers (Carts) Motion authorizing City Manager, or designee, to lease-purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96-gallon refuse containers and 1,870 96-gallon recycle containers for a total amount of$569,409.99, with an estimated expenditure of $66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Government (H-GAC). The containers will be used in the City's automated collection program. Lease-Purchase Price $534,736.80 Interest $34,673.19 Total $569,409.99 This Motion was recommended to regular agenda. Corpus Christi Page 18 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 30. Service Agreement for Electrical Services for Cefe Valenzuela Landfill and J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed $33,600, with an estimated expenditure of$19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12-month period at the sole discretion of the City. This Motion was recommended to the consent agenda. P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. This Public Comment period is for items that are NOT on the Agenda. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Vaughn called for comments from the public. Jack Gordy,4118 Bray,spoke regarding Agenda Item 29 and the cost to lease-purchase refuse and recycle containers. Roy Carrizales, 3641 Dalraida Drive, spoke regarding modifications to the setback requirements for carports. Chris Phelan, 3806 Kingston, asked the City Council to meet with the Citizens Alliance for Fairness and Progress to address their issues with the new Harbor Bridge. Susie Luna Saldana,4710 Hakel,spoke regarding the appointments to the Municipal Court judge positions. Mike Staff, 6342 Harwick,spoke regarding Agenda Item 20, wrecker services for city-owned vehicles and stated that the company awarded the Group 1 contract is not sufficient to perform the services of the contract. Rosalie Beaty, 5130 Graford, spoke regarding the bidding process for the director of the Al Kruse Tennis Center and the recommended award to a Dallas-based company instead of a local bidder. Lamont Taylor, 1701 Stillman; Erroll Summerlin, Citizen Alliance for Fairness and Progress; Henry Williams, 2422 Sumner; and Gloria Scott,4422 S.Alameda,asked the City Council to encourage the Texas Department of Transportation (TXDOT)to comply with the signed agreement with the Hillcrest/Washington/Coles residents regarding the new Harbor Bridge.Abel Zaragosa, 645 Sam, requested that the City Council extend the current schedule for public comment at 5:30 p.m.Joan Veith, 5701 Cain Drive, complimented the Utilities Department for assisting her recently. Rick Milby, 4412 High Ridge Drive, asked the City Council to disqualify Mark Scott from running for Mayor until the year 2022.John Kelley, 3621 Austin, referred to Agenda Item 34, an executive session item related to annexation and wind farms, and spoke regarding the installation of wind turbines near Chapman Ranch and requested that City Council direct staff to dis-annex Chapman Ranch and enter into negotiations and a development agreement that would create a model for future annexation that will not cost Corpus Christi Page 19 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 the taxpayers money. Samuel Ray Vega, 5524 Leopard,spoke in support of Ronnie Elizondo's performance at the Al Kruse Tennis Center and requested that the City Council investigate the bidding process for the director position. O. BRIEFINGS: (ITEMS 32 - 33) 32. Overview of Type B Fund Mayor Pro Tem Vaughn referred to Item 32. Business Liaison Alyssa Barrera stated that the purpose of this item is to provide a brief overview of the Type B sales tax programs and the Type B Corporation. Ms. Barrera presented the following information:the local economic development toolbox; local sales tax uses in the ten largest Texas cities;the timeline for the Corpus Christi sales tax levy; a comparison of Type A versus Type B funds;the approved ballot language for Type A from 2002 and Type B from 2016;frequently asked questions; Type B public hearing requirements; the steps to creating the corporation and timeline; and next steps. Ms. Barrera stated that staff is requesting direction from the City Council on the appointment of Type B Board of Directors. Council members spoke regarding the following topics: Type B replacing Type A sales tax; the options for creating the corporation; the benefits between the various options for creating the corporation;support for Option B; the vetting process for economic development projects; consideration to appoint the current Type A board members to the Type B board; the council policy that prohibits individuals from serving on more than one board;the timeline for the Type A and Type B sales tax; staff support for Type A and Type B Boards; and the Economic Development Summit. 33. Affordable Housing Plan Mayor Pro Tem Vaughn referred to Item 33. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to provided an overview of the affordable housing plan. Mr. Bentancourt presented the following information: housing tax credits; local resolution of support for housing tax credits and utilization of future land use map; a map of the location of affordable housing complexes; map of the location of Corpus Christi Housing Authority complexes; federal funding determination;the Consolidated Action Plan; entitlement programs; departmental programs; Homebuyer Assistance Program; City Affordable Housing Programs; and next steps. Council members discussed the following topics:the definition of affordable housing; housing tax credits; a workshop on affordable housing to explain the different programs and incentives available;the infill Housing Incentive Program and Vacant Lot Infill Incentive Pilot Program;the need for affordable housing;targeting Type A funds for downpayment assistance in areas that affordable; future direction to set a schedule for targeting specific areas when supporting housing tax credit projects; revitalization of neighborhoods;the proposal presented for manufactured housing; and guidelines for lots acquired through tax foreclosure. Q. EXECUTIVE SESSION: (ITEMS 34 - 36) Corpus Christi Page 20 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 Mayor Pro Tem Vaughn referred to the day's executive sessions. The Council went into executiv session at 7:10 p.m. The Council returned from executive session at 8:59 p.m. 34. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to annexation, the provision of utility services in newly annexed areas, municipal authority in the City's extraterritorial jurisdiction, and wind farms, and other legal matters related to the annexation and provision of municipal services in areas annexed by the City in 2014. This E-Session Item was discussed in executive session. 35. 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 pending and potential employment law litigation against the City, the Health District, and/or the officers and employees of said entity(ies), including potential approval of settlement(s), authorization of employment of attorneys and experts, and other actions related to said litigation. Mayor Pro Tem Vaughn referred to Item 35 and the following motion was considered: Motion to authorize the City Manager to execute a Release,Waiver, and Settlement Agreement between Elizabeth Leal and Defendant Corpus Christi— Nueces County Public Health District and authorize the execution of Letter of Agreement with Nueces County related to operation of the Health District for division of costs of defense in the City-funded amount not to exceed$94,047 and settlement thereof in a City-funded amount not to exceed $45,000. Council Member Smith made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 7- Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Garza Abstained: 0 Enactment No: M2017-019 36. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges. This E-Session Item was withdrawn. Corpus Christi Page 21 Printed on 2/9/2017 City Council Meeting Minutes January 31, 2017 R. ADJOURNMENT The meeting was adjourned at 9:01 p.m. Corpus Christi Page 22 Printed on 2/9/2017 City Of Corpus Christi CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT BOARD DETAILS IF- SIZE 15 Seats The Corpus Christi Downtown in TERM LENGTH 4 Years Management District provides or maintenance, security, marketing, and the OVERVIEW TERM LIMIT N/Apromotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The district is composed of at least nine, but not more than thirty directors,serving r--�k four-year staggered terms.Directors must represent one of the following categories:a resident of the district;an owner of property in the district;an owner of stock,whether beneficial or otherwise,of a corporate owner of property in the district;an owner of a beneficial interest in a trust that owns property in the district; DETAILS or an agent,employee or tenant of one of the above. Per the Texas Local Government Code,succeeding directors are chosen through the recommendation of the board and the approval of the City Council. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Title 12(Municipal Management District),provisions of Chapter 375,Article III, Section 52,Article XVI,Section 59,Article III,Section 52-a of Texas Constitution and of the Local Government Code; 12/16/94-amended by-laws to increase directors from seventeen to twenty members;7/04 the directors voted to decrease directors to fifteen. .............................................................................................................................................................................................................................................................................................................................. MEETS 2nd Thursday of the month,9:00 a.m., IBC Bank,221 S.Shoreline,2nd Floor. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Four-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Downtown Management District .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE AGENDAS .............................................................................................................................................. OTHER INFORMATION _........................................................................................................................................................................................................................................................................................................................... CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Page 1 of 1 Corpus Christi Downtown Management District Members February 14,2017 Two(2)vacancies with terms to 9-30-20 representing the following categories:2-owner of property in the district(Property Owner).(Note: Directors are chosen through the recommendation of the Board and the approval of the City Council.)The Corpus Christi Downtown Management District is recommending the reappointment of Cherylyn M.Boyd(PO)and the new appointment of Christian Bernard(PO). Board Name Cherylyn M.Boyd CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking reappointment District 1 1 09/30/16 Property Owner Member 89%8/9(1 exc.) Jonathan Richter CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Resigned Other/Non-Resident 2 09/30/20 Agent,Employee or Tenant Member Steve Keenan CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 09/30/20 Agent,Employee or Tenant Member Tim Heuston CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 2 09/30/20 Agent,Employee or Tenant Member Raymond Gignac CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 09/30/20 Property Owner Member Harold Shockley,Jr. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 09/30/18 Agent,Employee or Tenant Member Lexi Buquet CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 1 09/30/18 Resident Member Tracy"Tray"Bates CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 09/30/18 Agent,Employee or Tenant Vice-Chair Ajit David CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District Partial 09/30/18 Agent,Employee or Tenant Member Dee Dee Perez CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 2 09/30/18 Agent,Employee or Tenant Member Glenn Peterson CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 2 09/30/18 Property Owner Member Brad Lomax CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 09/30/18 Property Owner Member Janet Maxwell CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 09/30/20 Stock Owner Member Cecil R.Johnson CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District Partial 09/30/18 Agent,Employee or Tenant Member Casey Lain CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 2 09/30/18 Property Owner Chair Corpus Christi Downtown Management District Applicant February 14, 2017 4 M 0 Christian R.Bernard Corpus Christi Downtown Management District District 3 Self-Employed 424 N.Chaparral Corpus Christi TX 361-336-6360 Property Owner(PO) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 02, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Christian _ R Bernard _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Street Address Suite or Apt LOW City State Postal Code District 3 What district do you live in? lmmmwm� Primary Phone Alternate Phone Self President Employer Job Title 424 N Chaparral Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code Christian R Bernard Page 1 of 4 3613366360 Work Phone feedthesouI@urbanamarketdeli.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) High school diploma, Portsmouth Abbey and Priory, Portsmouth Rhode Island Registered Voter? r• Yes r No Current resident of the city? r Yes r No 8 If yes,how many years? Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Christian R Bernard Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Christian R Bernard Page 3 of 4 Board-specific questions (if applicable) Christian R Bernard Page 4 of 4 CHRISTIAN BERNARD SKILLS OBJECTIVE Leadership To serve on the DMD board of directors, Business acumen to have a positive impact on the Team Building revitalization of downtown Corpus Christi, and to help protect the greater interest of all stakeholders within the district. EXPERIENCE Owner I Urbana 12/16 -current Officially incorporated in February of 2016, Urbana is slated to open in late January 2017. Part market, part deli, Urbana seeks to draw both downtown residents and workforce in a setting that is unique to the area Owner { Sugarbakers 1 03/13 - current Since acquiring Sugarbakers in 2013 we have seen high double digit sales growth and have added 15 jobs, growing from a team of 5 to 20. Serving breakfast and lunch 6 days a week Sugarbakers has established itself as o local restaurant known for a wide variety of delicious choices both sweet and savory. Restaurant Management I Various 1 1998-2013 Before acquiring Sugarbakers I spent 15 years with 3 national restaurant chains, 13 years as general manager. I managed teams as large as 130 and lived in 5 different states opening new locations and turning L E A D E R S H I P around struggling ones as needed. Real Estate I Various I 1997-current Team building has always been a passion of mine. The restaurant industry Buying and selling real estate has been a part of my hasman me so iven g' y opportunities to life since my first duplex purchased in 1997 at age 22. explore that passion. I pride myself on Currently we own 3 residential properties here in my hands on approach, leading from Corpus Christi along with the commercial property the front lines, setting the example. know as 424 N Chaparral acquired just over 1 year ago. City Of Corpus Christi LANDMARK COMMISSION BOARD DETAILS SIZE � 1 Seats The Landmark Commission promotes the use of historical and cultural landmarks TERM LENGTH 3 Years for the culture, prosperity, education, and OVERVIEW TERM LIMIT 6 Yearsgeneral welfare of the people of the City and visitors to the City. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (11)members nominated by individual City Council Members and F-Elk appointed by a majority vote of the Council. Insofar as possible,the numerical composition shall correspond to the ethnic,gender,and economic distribution of the City according to the last Federal Census report.All members shall have knowledge and experience in either the architectural,archaeological,cultural, DETAILS social,economic,ethnic or political history of Corpus Christi.Representation of the following competencies shall be appointed as members to the commission:Two (2)historians,one(1)licensed real estate salesperson,(1)registered architect, one(1)structural or civil engineer,one(1)person knowledgeable in title search and/or property surveyor and five(5)other members. No one profession will constitute a majority of the membership.All terms for three years. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 2-204, Code of Ordinances.Ord. No. 12315, 10-16-74;Ord. No. 19908,8- 11-87;Ord. No.030228,7-15-14. _.............................................................................................................................................................................................................................................................................................................................. MEETS 4th Thursday of every month at 4:30 p.m.,City Hall, Council Chambers. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ...................................................................................................................................................................................................................................................................................... OTHER INFORMATION LANDMARK COMMISSION Page 1 of 1 Landmark Commission Members February 14,2017 Four(4)vacancies with terms to 11/20/17 and 11/20/19 representing the following categories: 1-Registered Architect and 3-Regular Members. 19 if = ®N Kim Charba LANDMARK COMMISSION Has met the six-year term limitation District 5 2 11/20/16 Member Regular Member Tiffani McKinney LANDMARK COMMISSION Resigned District 1 Partial 11/20/17 Member Regular Member John Olson LANDMARK COMMISSION Has met the six-year term limitation District 4 2 11/20/16 Member Registered Architect Nathan Westervelt LANDMARK COMMISSION Resigned District 1 1 11/20/17 Member Regular Member Bert Rucker,Jr. LANDMARK COMMISSION Active District 4 1 11/20/17 Member Regular Member Jillian Becquet LANDMARK COMMISSION Active District 5 Partial 11/20/17 Vice-Chair Historian Craig Thompson LANDMARK COMMISSION Active District 1 11/20/17 Member Engineer Dr.Christine Reiser Robbins LANDMARK COMMISSION Active District 4 1 11/20/18 Member Historian Denise Gallimore LANDMARK COMMISSION Active District 4 1 11/20/18 Member Real Estate Matt Martini LANDMARK COMMISSION Active District 5 1 11/20/18 Member Title Search Randy J.Dees,Sr. LANDMARK COMMISSION Active District 2 1 11/20/18 Member Regular Member Landmark Commission Applicants February 14,2017 Dennis Durkee Landmark Commission District 1 Regular Member Dylan Farley Landmark Commission District College Student/Pursuing Teaching Certificate Regular Member Margareta Fratila Landmark Commission District 3 European Floral Designs 3216 Reid Dr. Corpus Christi TX 361-852-0471 Regular Member Dr.Ira J.Freeman,AIA Landmark Commission District Freeman Schroeder Architects,Del Mar College 418 Peoples Street,Ste.101 Corpus Christi TX 361-500-3058 Registered Architect or Regular Member Lisa A.Garza Landmark Commission District 3 First Title Company 5402 Holly Road,Ste.2202 Corpus Christi TX 361-993-2033 Regular Member Leah Tiner Landmark Commission District 434 Louisiana Ave Corpus christi TX 361-947-4331 Regular Member BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 09, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dennis _ Durkee _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite or Apt City State Postal Code District 1 What district do you live in? lmmmwm� Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Dennis Durkee Page 1 of 4 Work Phone dennisdurkee@hotmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I am also applying to the mayor's fitness council Education, Professional and/or Community Activity (Present) Please see attached resume Registered Voter? r• Yes r No Current resident of the city? r Yes r No 2 If yes,how many years? Dennis Durkee.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Dennis Durkee Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Dennis Durkee Page 3 of 4 Board-specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above Dennis Durkee Page 4 of 4 Dennis Durkee WORK EXPERIENCE GANNETT / USA TODAY NETWORK, Corpus Christi, TX Director of News Operations, Dec 2014 - Dec 2016 • Managed a fast-paced, deadline-oriented team that edited and designed daily newspapers for seven markets in Texas and western states. • Focused on outstanding customer service, excellent communication and professional products. • Collaborated with corporate leadership and local market staffs to streamline workflows, improve products and strengthen team performance. • (Position eliminated in mid December 2016) Senior Director, East Virtual Desk, based in Stuart, FL, Nov 2011 - Dec 2014 • Accepted the challenge of a new position charged with strengthening relationships at several offices in eastern states. • Lead successful efforts to develop common workflows, reduce task redundancies and establish trust and cooperation. Managing Editor, Treasure Coast Newspapers, Stuart, FL, Jan 2005 -Nov 2011 • Managed day-to-day operations and logistics of a 120-plus person news operation covering the Treasure Coast region of Florida. • Daily interaction with customers and frequent community events and speaking engagements. • Responsible for monthly and annual budgets and expenses, as well as staff hiring, training and development. News Editor, Treasure Coast Newspapers, Stuart, FL, Jan 2002 -Jan 2005 • Managed a small team that edited and designed a local daily newspaper, winning state and company awards. EDUCATION CENTRAL MICHIGAN UNIVERSITY, Mount Pleasant, MI Bachelor of Arts degree in Journalism SCRIPPS MANAGEMENT TRAINING PROGRAM, Cincinnati, OH ADDITIONAL SKILLS • Excellent typing and computer skills • Spanish speaking ability at conversational level INVOLVEMENT • Literacy Council of Corpus Christi: Volunteer tutor for English as Second Language program (2015- present). • The Breakers Condominium, Corpus Christi: Board of Directors member (May 2016-present). • Corpus Christi Caller-Times Good News Team: Volunteer with employee group in numerous community service projects. • National Weather Service Skywarn Network, Corpus Christi: Trained volunteer weather spotter (June 2016- present). BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 23, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dylan _ Farley Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? lmmmwm� Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Dylan Farley Page 1 of 4 Work Phone dfarley@islander.tamucc.edu Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? r Yes r No Current resident of the city? i-. Yes r No 5 If yes,how many years? Resume .docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Dylan Farley Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Dylan Farley Page 3 of 4 Board-specific questions (if applicable) Dylan Farley Page 4 of 4 Dylan Farley Professional Overview I am a diligent worker who is well versed in the study of history as well as other academic disciplines. I offer solid critical thinking and analysis skills, as well as an understanding of how to conduct scholarly research and writing. Since a young age I have always had a passion for learning and developing new skills and ideas. My parents instilled in me early on in life the importance of hard work and dedication. The two things I look most for in a career are stability and the opportunity for upward mobility. My father has worked for the same company for almost forty years, and that is something I would love to be able to say about myself one day. In turn, that also explains why upward mobility is important to me. I want to have a career where I can stay with a company for many years, continue to learn, move up in the company, as well as help the company grow in the process. Education Bachelor of Arts in History from Texas A&M University Corpus Christi Class of 2015 My coursework focused on research, writing, and synthesizing mass amounts of material. I primarily studied United States history and government, but also took several courses on European and Latin American history, as well as psychology, sociology, economic, statistics, Spanish, and communication courses during my time in college. One of the requirements of my degree included writing a twenty-five- page scholarly research paper using both secondary and primary sources to develop a fact-based thesis. In another one of my courses I conducted service learning by working alongside the Commissioner's Court of Nueces County to improve the living conditions for people in the Colonias of South Texas. During this course, I petitioned local elected officials and businesses to donate resources, specifically water, to help these underprivileged areas of the community. I led a coalition of fellow students along with some faculty members that raised over two thousand dollars as well as collecting four hundred and fifty gallons of water that we then donated to the people in need. This was the beginning of an initiative at the university that has since been continued by classes to come. Professional Experience General Operations Supervisor(CSL Plasma) 2016: My job duties included, acting as lead supervisor in ensuring the day-to-day activities of center operations are compliant. Developing donor flow knowledge and assist with identifying problem areas and implement corrective action as needed with Management oversight. Ensuring excellent customer service by all staff. Also understanding and determining center financial responsibilities, including budgets, forecasts and financial impact to business including center production goals. Finally, recruiting and selecting center operation staff and as well as, conducting performance appraisals and performance feedback. Page 2 Paralegal (Thomas J. Henry) 2015-2016: My job duties included, extensive client contact drafting correspondences, producing documents, correspondence with medical offices, scheduling depositions, assisting with trial preparation, maintain calendars, creating and/or maintain meticulous records, spreadsheets, files, and settlement breakdowns, meeting deadlines, as well as being responsible for managing the day-to-day legal casework. Supplementary Instructor/Grader (Texas A&M University Corpus Christi) 2015: My job duties included grading papers and examinations of 50 undergraduate history students. I also attended all course lectures and class meetings, as well as tutoring students on a one-on-one level as needed for additional help in the course. Certified Pharmacy Technician (CVS Pharmacy) 2010-2015: My job duties included, promoting a path to better health by engaging customers to learn about their health and medications, delivering results while balancing quality and efficiency in all tasks, maintaining accuracy while consistently meeting workflow and inventory management goals, demonstrating compassion and care by proactively identifying and resolving potential problems to ensure customers have their medications when needed; collaborating with immediate and extended pharmacy teams, medical staff, insurance companies, and customers alike to resolve issues, ensure accuracy, and deliver timely resolution of any medication or insurance related concerns. As well as actively seeking opportunities to expand clinical, technical and insurance knowledge, leveraging available tools and training resources, to develop the basic drug understanding and technical expertise needed to accurately and more effectively assist customers. Internship City of Corpus Christi Mayor's Office December 2015-July 2016: At this internship I created a standard operating procedure for large-scale events for the city. This included coordinating with a committee that was made up of police, traffic, fire, engineering, parks &recreation, along with many other city officials and local businesses. I also was involved in establishing and maintaining a budget, fundraising, finding sponsors and vendors, and handling a large portion of the media and PR. I also was the primary figure in finding and organizing a team of volunteers. Summary of Skills Excellent analytical skills Extremely organized Attention to detail Page 2 Collaborative team member Outstanding interpersonal skills Strong verbal communication Awards and Accomplishments • 2015 Dean's List recipient for outstanding academic achievement. • Four time KPM award winner for highest rate of pharmacy customer satisfaction in the district. • Two time SOS award winner for highest service percentage in the district. • 2013 and 2014 number one pharmacy in the district in My Customer and WeCare. Goals and Aspirations My main career aspiration is to be a part of a strong and stable company with the opportunity for upward mobility. I believe that loyalty is one of the most important characteristics someone can display in the business world and life in general. I would like to be a part of a thriving company that offers the ability to move up in the ranks by showing hard work and an ability to help the company grow. Volunteer Work I have volunteer on several political campaigns during the 2008, 2010, and 2012 election years. The primary focus for the area that I worked in was the "Get Out to Vote" initiative. We would break up into small groups and work together to inform the people of the community on why they should vote for our candidate. This would include cold-calls, going to door-to-door to homes, as well as going to local businesses to get the message out. Hobbies and Interests In my free time I do some day trading. I enjoy following the world economic markets and buying and selling stocks accordingly. I also like to play sports, primarily basketball. Reading is another big hobby of mine. References: Tiffany Rudder Pharmacist Page 2 (Former supervisor) Oge Anozie Pharmacist (Former supervisor) Katie McClendon Pharmacist (Former supervisor) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 15, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Margareta Fratila Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, CITIZENS ADVISORY HEALTH BOARD, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, COMMISSION ON CHILDREN & YOUTH, COMMITTEE FOR PERSONS WITH DISABILITIES, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, HUMAN RELATIONS COMMISSION, LANDMARK COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE, TREE ADVISORY COMMITTEE Street Address Suite Of aN oft City State Postal Code District 3 What district do you live in? INNNNN� Primary Phone Alternate Phone EUROPEAN FLORAL DESIGNS OWNER Employer Job Title 3216 REID DR. _ Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Margarets Fratila Page 1 of 5 TX Work Address-State 78404 Work Address-Zip Code 361-852-0471 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? Yes ( No Current resident of the city? tr Yes No 29 If yes,how many years? Margareta Fratila Resume.pdf Upload a Resume Please upload any additional supporting documents Margareta Fratila Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Margarets Fratila Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? (.- Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? r Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r Yes r No Question applies to COMMISSION ON CHILDREN &YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r- No Margarets Fratila Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? r Yes � No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to TREE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Margarets Fratila Page 5 of 5 , RESUME OF MARGARETA FRATILA, MBM MARGARETA FRATILA, MBM Master of Science in Horticulture Education: - Master of Science in Horticulture and Agriculture Degree from Horticultural University of Bucharest, Romania. - Master of Art Degree in Business, Management,and Human Resources - Development,Webster University, St. Louis, Mo& - C.0 State University - Texas Master Florist and Professional Floral Design Commentator, International Bridal Florist Certification. - Certification in Secondary Education from Corpus Christi State University: - Life Earth Science - Biology, Horticulture - French - Floral Design and Management Certifications at Del Mar College, CC,TX. -Certified Mediator for Nueces County Courthouse -Official translator for the Court House(French, Romanian) De Ville Business School-Secretarial & Business Office Filing -Stephen Ministry trained as a Stephen Leader at Church of the Good Shepherd, Corpus Christi,TX -Church of Acts-Class of the Prophets-1 yr School, Certified Preacher, Evangelist, Healer, Missionary -Real Estate Institute in Corpus Christi,TX enrolled (3 classes from completing the requirements to take Real Estate Broker Examination) Honors and Achievements: - Recipient of Republican Senatorial Medal of Freedom, 2003. - Life Member of Republican Senatorial Inner Circle and Presidential Round Table - Platinum Member of the Republican Presidential Task Force - Member of Americans for Prosperity -Member of Texas State Society of Washington D.C. Member of Society of American Florists - Member of Texas State Florist Association,Austin,TX Member or Teleflora Wire Florists Services - Member of Republican Women's Club - Feature and Keynote Speaker at various schools,churches, and organizations Such as: --Texas Federation of Republican Women. - Republican Women's Club, Conroe Texas - Knights of Columbus, Fourth Degree,Conroe,TX —1 - Corpus Christi, Civitan Club - Rotary Club, Corpus Christi - Founder of Corpus Christi International Club - Founder of Corpus Christi Power of Healing Through Prayers Network. - Past Director of CC Executive Association. - Past Secretary of CC Civitan Club, - Member of Evangelism Committee-Good Shepherd-Episcopalian Church - Past PTA President,Windsor Park School CC TX - Member of Parents and Friends of UT Medical Center, Houston TX. - Member of Symphony Guild,Treasurer 2004 - Past Member of Nueces and Town Club, Corpus Christi,TX. - Past Membership Director at Nueces Club CC TX - Chairman of Program and Promotion for C.0 Civitan Club - Guest Speaker/Promoter for 1440 KEYS Radio Promoter& Fan of the 1230 AM Radio Station - CC Christian Women's Club, Past Chairman of Events - A&M University Corpus Christi, Childhood Development Center, Horticulture Advisor - Corpus Christi School Independent School District, Past Business and Community Representative Producer of the 2 TV Shows on local Channel 10 Public Access Weekly Adoration at the Our Lady of Corpus Christi Director of the Board at the non Profit Organization which help Veterans to Establish their place in the community while back from overseas Employment History 1973-1981 Horticulture Engineer, Managing Greenhouses& Fruit Trees In Romania working for the Government 1983--Present Friday February 13, 1983, my dream to open my own business comes through. I became Owner and CEO of Margaret's Greenhouse and European Floral Design. Full service flower shop, interiors aping, and landscaping,with instruction in Floral design and Horticulture.Teaching Flower Design on premises or in Television. www.europeanfloraidesigns.com 2006-2009 Director of Public Relation, Marketing and Community Liaisons for TEXSCAN MRI.Also a share holder 2010-2111 Census Bureau Enumerator(9 month) 2010 October-present Independent Contractor for Just Energy& Hudson 2011 Energy Commercial Accounts and Residential 2011 Producer of 2 TV Shows 1."Flowers Talkl The Love Language of Flowers"with Margareta 2." Bright Star-The Magic Romanian Matchmaker of All" The Shows are produced and aired weekly(so far we have 60 Shows produced & aired) 1986-2002 Founder and Manager of Partnership Real Estate Company, M.G. & E. D., L. L.C. in -e-. Corpus Christi,TX with over two Million dollars Assets.Consultant for all of this company's real estate investments 1989-1994 Executive Producer and Co-Owner of International Talent Agency in Studio City, California.Commercials and TV shows Producer. Manager of Business department planning the Budget, recording and adjusting the financial performances. Hiring the actors and placing them accordingly with breakdown needs. 1989-1991 Delmar College-Horticultural and Flower Design Instructor, Corpus Christi,TX. 1982-1985 Corpus Christi Country Club Hostess and wine steward(Madame de Sommelier) Founder of Gourmet Society and Wine Club Banquet supervisor and Private Parties organizer 1982-1985 Johnson's Greenhouses, Corpus Christi,TX Supervised and managed 5 greenhouses of tropical plants Feb 21, 198 2 started working in USA Feb 16, 1982 arrived in Corpus Christi,TX Nov 23, 1981 immigrates! to USA CEO of Experimental Horticulture Farm in Tirgoviste,Romania until 1981. Government property, managing 10,000 acres and 3,000 employees. Personal: Proud Mother of two children: - Antonio Fratila. Doctor in Medicine(graduated with honors from UT Austin in Microbiology), Medical Resident of UT at Houston,Affiliated Hospitals Houston,TX. (Anesthesiologist at M.D.Anderson) In present Practicing in Corpus Christi, Bay Area Anesthesiology Associates. - Ana Maria Fratila, CPA. CFA(Master in Professional Accounting with minor in Spanish,graduated with honors from UT in Austin),Vice President at Hedge Funds Investment New York City, NY and Austin,TX Language Spoken: Romanian, French, English, Russian, Latin, German -Writer of the book in progress, "A Flight to Freedom,"to be followed by a motion picture cast in Romania, Corpus Christi,TX.and other world places with the endorsement of the United State President George W. Bush, a real-life, motivating story of my own struggle&success as an immigrant to follow and accomplish my dream in the free world. httpl/www.ustream.ty/recordedl652159 Skills and Trades: Sociable and Personable to the Extreme. Personal Adviser and Counselor. Fantastic Promoter and Social Events Organizer. Network"QUEEN"(as I am known) Extremely versatile in protocol,good manners and people skills. Negotiator and peace maker Knowledge of people characters and body languages. r 7 e Proved Success in Leadership abilities and business management adviser. My Principles and moral values are timeless and endless,therefore I have many followers of my principles,everyday, in every areas of their life. Stephen Leader-Stephen Ministry trained to teach God's care for caregivers. Goals and Ambitions: To share my diversified knowledge with the people of all races,colors and Religions, as long as they come here in the USA,from all over the world in a purpose to overcome their struggle through education, beliefs and following their dreams of freedom with faith. My message is that KNOWLEDGE IS POWER and each and every American should look to this country through the eyes of an immigrant. MAY GOD BLESS AMERICA, and KEEP IT ALWAYS FREEIIII Reference by Permission: 1. Miss Ana Maria Fratila. C.P.A, CFA,VP, Hedge Funds, NYC 2. Mr.Antonio Fratila MDPA Anesthesiologist, Corpus Christ!,TX 3. Dr. Bill Eckenroth 4. Honorable Judge Mar€seta Saidana 5. Honorable Judge Jack Hunte 6. Mr. Rick Perry,Governor of Texas 7. Mr.John Cornyn, US Senator, 8. Mrs.Sharon Kauffman, Paralegal,t 9. Honorable Todd Hunter,Attorney, 10. Honorable Judge Mike Westergren 11. Honorable Judge Henry Santan ow 1 n Antonio Business Development Consultant) 13. Rev. Milton Black-Pastor at Church of Good Sh r Ty 14. Brad Lomax-Owner of Water Street Oyster Bar 15. Mr. Ruben Bonilla, Attn, Chairman of Port of Carpus Christi 16.Dr.Dina Eftimescu, OBGYN, Sporn South, CC,TX 17. Dr.and Mrs. Michael McNeil -DDS 18.Mr. L.J.Cohen -Owner Pest Fog IMHosti 19.Mr. Eric Von Wade, Radio Talk ShoM20. Ms. Norma Rivera, Mortgage Lende 22. Ms Rose Harrison,Attny, Assistant County Attorney 23. Mr. Henry Mac Leod -promoter&TV Show Producer BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 07, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Ira _ J Freeman AIA Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? INNNNNN� Primary Phone Alternate Phone Freeman Schroeder Architects, Architect / Principal, Adjunct Dell Mar College Professor of Architectural History Employer Job Title 418 Peoples Street, Suite 101 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78401 Work Address-Zip Code Dr. Ira J Freeman AIA Page 1 of 4 361 500-3058 Work Phone ira@frescharch.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, but I am the outgoing (2016) President of the Corpus Christi Chapter of the American Institute of Architects (AIA). Education, Professional and/or Community Activity (Present) Doctorate of Architecture, University of Hawaii, 2005 Bachelor of Arts in Environmental Design, Texas A&M, 1999 Registered Voter? (-. Yes rNo Current resident of the city? r Yes ( No 3 years uninterupted - more in the past If yes,how many years? Resume-Ira 2016.pdf Upload a Resume Firm Profile 12-2015.STEndo.pdf Please upload any additional supporting documents Demographics Dr. Ira J Freeman AIA Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Dr. Ira J Freeman AIA Page 3 of 4 Board -specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Registered Architect Dr. Ira J Freeman AIA Page 4 of 4 f r o c r h FREEMAN SCHROEDER architects EXPERIENCE Ira J Freeman, AIA, D.Arch, NCARB, LEED AP Resume 2016 Freeman Schroeder Architects LLC - 1/2015 -Present Principal / Architect Del Mar College - 01/2008-12/2008, 01/2016 -Present Adjunct Professor of Architecture History Freeman Architecture Collaborative LLC - 10/2012-12/2014 Owner / Architect Ferraro Choi And Associates Ltd. - 01/2004-09/2012 Project Architect Environmental Control Systems (ECS) Lab, University of Hawai'i School of Architecture - 09/2002-06/2004 Research Assistant Ferraro Choi and Associates Ltd. - 08/2003-12/2003 Practicum AM Partners, Inc. - 01/2003-05/2003 Practicum Bennett, Martin, Solka and Torno, Inc. - 07/2001-07/2002 Intern Architect Rarebird Guitar Laboratory - 09/2000-06/2001 Apprentice Luthier Wood Specialties - 06/1997-08/2000 Cabinet Maker LICENSURE AND CERTIFICATION Architect, Hawaii — 2009 Architect, Texas — 2008 NCARB Certification — 2008 LEED Accredited Professional - 2006 Ira J Freeman, AIA, D.Arch, NCARB, LEED AP EDUCATION Doctorate of Architecture - 2005 School of Architecture University of Hawaii at Manoa Doctorate Project: An Overview of Potential Live High/Train Low Sites in Hawaii with Guidelines for the Development of a Hawaiian Live High Facility PROFESSIONAL AFFILIATION PROJECTS Studies in Jazz and Classical Guitar - 2001 Lamont School of Music University of Denver Graduate Studies in Architecture - 2000 Department of Architecture Texas A&M University Bachelor of Arts, Environmental Design - 1999 Department of Architecture Texas A&M University American Institute of Architects (AIA) United States Green Building Council (USGBC) National Counsel of Architectural Registration Boards (NCARB) Institutional National Oceanic and Atmospheric Administration (NOAA) Pacific Region Center, Ford Island - Pearl Harbor, HI (Completed 2013 - HOK partnered with Ferraro Choi and Associates, Ltd.) — Collaborating Architect Aloha Stadium Health Safety and Welfare Retrofit, Honolulu, HI (Completed 2011 — Wiss, Janney, Elstner Associates, Populous, and Ferraro Choi) — Project Manager University of Hawaii, Information Technology Center, Honolulu, HI (Completed 2014 — Ferraro Choi) — Collaborating Architect - Sunshading Oahu Veterans Center, Honolulu, HI (Completed 2005- Ferraro Choi) — Intern Architect National Science Foundation Amundsen Scott South Pole Station, Geographic South Pole (Completed 2008 — Ferraro Choi) — Practicum / Intern Architect — 3D modeling and animations Ira J Freeman, AIA, D.Arch, NCARB, LEED AP NELHA Gateway Distributed and Renewable Energy Center, Kailua-Kona, HI (Completed 2004 — Ferraro Choi) — Intern Architect / LEED Project Manager Corpus Christi Animal and Vector Control, Corpus Christi, TX (Completed 2002 -Bennett, Martin, Solka and Torno, Inc.) — Intern Architect Corpus Christi International Airport, Corpus Christi, TX (Completed 2001 - Gensler partnered with Bennett, Martin, Solka and Torno, Inc.) — Intern Architect Educational Kohala High School STEM and Science Buildings, Kapaau, HI (Bidding and Permitting - Ferraro Choi) — Collaborating Architect West Hawaii Explorations Academy, Kailua-Kona, HI (Completed 2014 - Ferraro Choi) — Collaborating Architect / Project Architect University of Hawaii Culinary Institute of the Pacific, Honolulu, HI (Under Construction - Ferraro Choi) — Collaborating Architect / Project Architect Lahainaluna High School Cafeteria, Lahainaluna, HI (Completed 2011 — Ferraro Choi) — Production Architect Waipahu Intermediate School Cafeteria, Waipahu, HI (Completed 2006 — Ferraro Choi) — Intern Architect St. Mary's Academy Charter School Modular Classrooms, Beeville, TX (Completed 2002 - Bennett, Martin, Solka and Torno, Inc.) — Project Manager Del Mar College Center for Early Learning, Corpus Christi, TX (Completed 2001 - Bennett, Martin, Solka and Torno, Inc.) — Intern Architect Healthcare Colston Wellness Center, Kingsville, TX (Completed 2016) - Architect Corpus Christi Urology and Cancer Center, Corpus Christi, TX (Completed 2016) - Architect HMSA Keaau Call Center and Clinic Space, Keaau, HI (Completed 2016 - Ferraro Choi) — Project Architect, Collaborating Architect Shriners Hospitals for Children, Honolulu Replacement Hospital, Honolulu, HI (Completed 2011 - SRG Partnership, Inc. partnered with Ferraro Choi and Associates, Ltd.) — Intern Architect / Construction Project Manager, Phase 2 Ira J Freeman, AIA, D.Arch, NCARB, LEED AP Molokai General Hospital Medical Office Building Expansion, Kaunakakai, HI (Completed 2007 — Ferraro Choi) — Intern Architect / Project Manager Molokai General Hospital Renovation, Kaunakakai, HI (Completed 2005 — Ferraro Choi) — Intern Architect Molokai General Hospital Addition, Kaunakakai, HI (Completed 2004 — Ferraro Choi) — Intern Architect Interiors Office of Freeman Schroeder Architects, Corpus Christi, TX (Completed 2013) — Architect Offices of Ferraro Choi, Honolulu, HI (Completed 2010 — Ferraro Choi) — LEED Project Co -Manager AIA Honolulu Chapter Office, Honolulu, HI (Completed 2003 — Ferraro Choi) — Practicum/ LEED Project Manager JC Penney Building Renovation, Pearlridge, HI (Completed 2004 — Ferraro Choi) — Intern Architect Residential Private Residence, Calallen, TX (Under Construction) — Collaborating Architect Private Residence, Nicaragua (Under Construction) — Collaborating Architect Goody House Addition, Kaaawa, HI (Completed 2014) — Collaborating Architect Flour Bluff Fishing Cabin Renovation, Corpus Christi, TX (Completed 2008) - Architect Douglas Residence Addition, Corpus Christi, TX - Architect TEACHING Del Mar College, Technology Education Department Architectural History II (Enlightenment — Post Modernism) - Spring 2008, Spring 2016 Introduction to Architecture — Summer 2008 Structural Detailing — Summer 2008 Architectural History I (Prehistory — Enlightenment) — Fall 2008 Introduction to Architecture — Fall 2008 Ira J Freeman, AIA, D.Arch, NCARB, LEED AP PRESENTATIONS Brooks, W.B, Freeman, I. J. (October 2014). West Hawaii Explorations Academy: Net Positive Energy Campus Sets New Standards Presented at the Pacific Building Trade Expo. Freeman, I. J. (March, 2012). Deep Seawater Use in Contemporary Architecture in Hawaii. Presented at Appalachian State University to the Department of Technology and Education. Freeman, I. J., Morgan, K., & Melrose, K. (September, 2011). West Hawaii Explorations Academy - Integrative Design and Sustainable Strategies. Presented at the 3rd Annual Hawaii Green Schools Symposium. Freeman, I. J. (July, 2011). Daylighting in the Classroom. Presented at the AIA Big Island Chapter NELHA Gateway Educational Tour. Ira J Freeman, AIA, D.Arch, NCARB, LEED AP f r a c r h FREEMAN SCHROEDER architects FREEMAN SCHROEDER ARCHITECTS Firm Profile: Freeman Schroeder Architects Fresch architects formed by partners Ira J Freeman, AIA, D.Arch, LEED AP and Sheldon Schroeder, AIA on the premise of providing Client focused service through thoughtful design. Based in Corpus Christi, Texas, fresch architects provide services in the areas of commercial, educational, health care, commercial interior, institutional, retail, civic, and residential architecture. Client focused service: We begin each project by taking the time to understand the Client's vision, needs and budget. We believe each Client's project to be unique and approach each project without preconceived ideas. Fresch architects designates a partner responsible for each project from inception to construction completion, believing this decision key to providing the high level of Client service the firm strives to achieve for each project. Thoughtful Design: Design is not something applied or extraneous to a project. Fresch's design process is rooted directly in the Client's project needs. Some of our most creative and efficient design solutions are driven by Client needs and budget challenges. Design solutions are supported with detailed building systems / materials knowledge, and intelligent use of design tools such as building information modeling (BIM) software to quickly and efficiently develop design concepts responsive to the Client's program. A collaborative process: To be successful the architectural process requires that the owner, end-users, architect, engineers, and contractor work together to fulfill a common purpose of an efficient and functional program delivered with artistry and craft. Sheldon and Ira bring over 30 years of diverse experience in managing this process on projects in Texas, Kansas, Hawaii, Nicaragua, and Antarctica. We believe our diverse project experience is a unique asset preparing us for our next project. Fresch architects is always looking for a new challenge and is ready to discuss your project! BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 25, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Lisa A. Garza Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite or Apt City State Postal Code District 3 What district do you live in? Primary Phone Alternate Phone First Title Company Escrow Officer Employer Job Title 5402 Holly Road, Ste. 2202 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code Lisa A. Garza Page 1 of 4 361-993-2033 Work Phone lisagarza@firstamcoastalbend.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I currently do not serve on any board. Education, Professional and/or Community Activity (Present) 1. 1993 CaIaIIen High School Graduate Corpus Christi, TX 2. 1993-1995 Del Mar College Corpus Christi, TX Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 36 If yes, how many years? Resume LG.docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Lisa A. Garza Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Lisa A. Garza Page 3 of 4 Board -specific questions (if applicable) Lisa A. Garza Page 4 of 4 Lisa Ann Garza Professional Experience 2015 - Present First Title Company, Corpus Christi, TX Escrow Officer • Responsible for working closely with Realtors, Buyers and Sellers. • Will manage the closing process by completing closing transaction documents by assembling documents • Reviewing papers with parties, explaining provisions and procedures, answering questions, checking documents for completeness/accuracy, and obtaining signatures. • Responsible for review, proofreading, and finalization of any needed documentation. • Responsible for establishing new escrow accounts and processing escrow documents in accordance with established policies and procedures. • Completes real estate escrow transactions by determining requirements; clearing titles; assembling, preparing, and reviewing closing documents and disbursing funds • Receive, deposit, and confirm all escrow related funds. • Determines escrow requirements by clarifying buyer, seller, and lender instructions. • Maintains records of all accounts and documentation. • Completes needed calculations. • Keeps job knowledge current by participating in educational opportunities, reading professional publications, maintaining personal networks, and participating in professional organizations. • Provide knowledge, support, and assisting to staff • Work closely with Abstract/Examining department on files that require additional review on county restrictions. 20011 -2015 Bay Area Title Services, Corpus Christi, TX Escrow Officer/ Assistant Branch Manager • Responsible for working closely with Realtors, Buyers and Sellers. • Will manage the closing process by completing closing transaction documents by assembling documents • Reviewing papers with parties, explaining provisions and procedures, answering questions, checking documents for completeness/accuracy, and obtaining signatures. • Responsible for review, proofreading, and finalization of any needed documentation. • Responsible for establishing new escrow accounts and processing escrow documents in accordance with established policies and procedures. • Completes real estate escrow transactions by determining requirements; clearing titles; assembling, preparing, and reviewing closing documents and disbursing funds • Receive, deposit, and confirm all escrow related funds. • Determines escrow requirements by clarifying buyer, seller, and lender instructions. • Maintains records of all accounts and documentation. • Completes needed calculations. 2008-2010 San Jacinto Title Services, Corpus Christi, TX Escrow Assistant / Officer • Abstracting and Examining • Developed heavy marketing materials to generate new business as well as attending Realtor and Chamber of commerce events and meetings • Promoted to develop marketing materials to generate new business for all Escrow Officers • Assist with closings and title clearances • Provided services to consume transactions such as those involving single family and other residential property sales and loans in connection with insuring of title; order preparation of necessary legal documents; prepare written escrow agreements in accordance with the contract or instructions given; execute closings and obtain payments due; disburse funds to appropriate parties; maintain follow-up necessary for completion of transaction and issuance of policy • Scheduled closing with all parties involved in transaction; explain closing documents to parties involved; answer questions as to derivation of figures on the closing statement • Order beneficiary statements for demands, hazard insurance policies, deeds of trust, re -conveyances, and other documents; assist in preparation, execution, and recording of authorized documents • Pro -rate taxes, hazard insurance, loan interest, and other items; prepare escrow settlement documents showing detailed breakdown of charges • Review commitment or binder to determine any exceptions which must be cleared prior to closing and determines documentation necessary to waive exceptions • Order and review necessary surveys; correlate existing surveys to property description • Traveled within the Corpus Christi region to San Antonio region to perform real estate closing transactions. 2005-2007 First American Title Insurance Corpus Christi, TX Escrow Assistant/Escrow Officer • Order beneficiary statements for demands, hazard insurance policies, deeds of trust, re -conveyances, and other documents; assist in preparation, execution, and recording of authorized documents • Scheduled closing with all parties involved in transaction; explain closing documents to parties involved; answer questions as to derivation of figures on the closing statement • Pro -rate taxes, hazard insurance, loan interest, and other items; prepare escrow settlement documents showing detailed breakdown of charges • Review commitment or binder to determine any exceptions which must be cleared prior to closing and determines documentation necessary to waive exceptions • Order and review necessary surveys; correlate existing surveys to property description • Funding the final package for lender and distribute funds to seller/buyer and etc.. 2000-2005 Law Office of Clay Mills, Austin, TX Escrow Assistant/ Marketing 1994-2000 San Jacinto Title Services, Corpus Christi, TX Abstractor -Examiner/ Escrow Assistant Skills 1. 80+ wpm 2. 10 Key Punch 3. Microsoft Office, Word, Excel and Outlook 4. Publisher 5. Ramquest 6. FAST Education 1. 1993 Calallen High School Graduate Corpus Christi, TX 2. 1993-1995 Del Mar College Corpus Christi, TX Membership 1. 1995-2000 Member of Corpus Christi Chamber of Commerce 2. 1995-2000 Member of Corpus Christi Hispanic Chamber of Commerce 3. 1997-2000 Nueces County Landmark Commissioner (Nominated by Betty Jean Longoria) References 1. Brent Chesney 2. Jenny Tedesco 3. Elva Salinas First Title Company Bay Area Title Company Stewart Title- Mike Shelly Law Office BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Leah Tiner Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, LANDMARK COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 2 What district do you live in? Primary Phone Alternate Phone Employer Job Title 434 Louisiana Ave Work Address - Street Address and Suite Number Corpus christi Work Address - City TX Work Address - State Leah Tiner Page 1 of 5 78404 Work Address - Zip Code 3619474331 Work Phone Leahrand@cloudtomarketllc.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Associate Degree Psychology Registered Voter? f7 Yes r No Current resident of the city? Yes r No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Leah Tiner Page 2 of 5 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. w I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Leah Tiner Page 3 of 5 Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ None of the above Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • None of the Above Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * rJ None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? IT Yes r No Leah Tiner Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * w Residential Customer and Home Owner of City's Water System Leah Tiner Page 5 of 5 City Of Corpus Christi PARKING ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 14 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Parking Advisory Committee provides advice and recommendations to the Police Chief, City Manager or City Council on matters relevant to the administration and enforcement of the Code of Ordinances, Chapter 53 including: On -street and off-street parking, special events, and revitalization projects within the city center; developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities; parking and signage programs and city center concerns; the location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators; expenditure or usage of Parking Improvement Fund; parking improvements; and participate with the county on parking enhancement and city center revitalization matters. DETAILS COMPOSITION Eleven (11) voting members and three (3) non-voting advisory members appointed by the City Council comprised of the following: one (1) member nominated by the District Council Member who represents the downtown area; two (2) members nominated by the Downtown Management District; one (1) member nominated by the North Beach Community Association; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitors Bureau; two (2) members who shall represent downtown residential interests: one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area; and one (1) member to represent the community at -large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non-voting advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary's Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31st of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice - chairperson, and who shall serve for a one-year term. CREATION / AUTHORITY Section 53-196, Code of Ordinances; Ordinance No. 029141, 7/19/11; Ordinance No. 30944, 8/30/16. MEETS TERM DETAILS PARKING ADVISORY COMMITTEE Meets a minimum of twice yearly and may meet at other times at the call of the Chairperson of the committee. Three-year staggered terms. Page 1 of 2 DEPARTMENT COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION PARKING ADVISORY COMMITTEE Page 2 of 2 Name End Date Position 1 Parking Advisory Committee Members February 14, 2017 Two (2) vacancies with terms to 7/31/18 representing the following categories: 2 - Downtown Management District Nominees. (Note: The Corpus Christi Downtown Management District is nominating David 5. Allen and Michael J. Flores.) Samantha R. Harlan Terry Sweeney PARKING ADVISORY COMMITTEE Resigned District 1 1 07/31/18 Member Downtown Management District Nominee PARKING ADVISORY COMMITTEE Resigned District 4 1 07/31/18 Member Downtown Management District Nominee Jim Swan PARKING ADVISORY COMMITTEE Active District 1 2 07/31/19 Member Building Owners and Management Associations Nominee Robert Catalano PARKING ADVISORY COMMITTEE Active District 1 2 07/31/19 Member North Beach Community Association Nominee Erica Lozano PARKING ADVISORY COMMITTEE Active District 3 1 07/31/19 Member Convention and Visitors Bureau Nominee Richard Durham PARKING ADVISORY COMMITTEE Active District 5 2 07/31/18 Vice -Chair Community At -Large Darlene Gregory PARKING ADVISORY COMMITTEE Active District 4 2 07/31/18 Chair Uptown Neighborhood Initiative Nominee Lawrence Virts PARKING ADVISORY COMMITTEE Active District 4 2 07/31/18 Member Building Owners and Management Associations Nominee William Hoover PARKING ADVISORY COMMITTEE Active District 1 1 07/31/18 Member Residential Property Owner in City Center Ginny Price PARKING ADVISORY COMMITTEE Active District 2 2 07/31/19 Member Downtown Area Council Member Nominee Faye Crider PARKING ADVISORY COMMITTEE Active District 1 2 07/31/19 Member Residential; Parking Meters Collected City Manager or designee PARKING ADVISORY COMMITTEE Active N/A N/A Member Advisory, non-voting Police Chief or designee PARKING ADVISORY COMMITTEE Active N/A N/A Member Advisory, non-voting Parks and Recreation Director or designee PARKING ADVISORY COMMITTEE Active N/A N/A Member Advisory, non-voting Parking Advisory Committee Applicants February 14, 2017 David S. Allen Parking Advisory Committee District 1 Ocean Unlimited, LLC 300 N. Shoreline Blvd. Corpus Christi TX 512-994-5556 Downtown Management District Nominee Michael J. Flores Parking Advisory Committee District 5 Dghg Properties 417 Starr Corpus Christi TX 361-883-1345 Downtown Management District Nominee BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 26, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile David S. Allen Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKING ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 1 What district do you live in? M.111111.1.MI Primary Phone Ocean Restruants, dba Blimpie Sub Shop, dba Kahala Coffee Traders, dba Surf City Squeeze Employer 300 N Shoreline Blve Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Alternate Phone C.O.O. Job Title David S. Allen Page 1 of 4 512-994-5556 Work Phone david@oceanunlimitedlIc.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have been nominated for the Parking Advisory Committee by the Board of Directors of the CC Downtown Mgmt District and am just waiting for final approval by the city. Education, Professional and/or Community Activity (Present) Associates Degree in CADAM Registered Voter? r• Yes r No Current resident of the city? t7 Yes ` No 1.5 If yes, how many years? david resume January 2017.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic David S. Allen Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree David S. Allen Page 3 of 4 Board -specific questions (if applicable) Question applies to PARKING ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories?Select one of the following * f? Downtown Management District Nominee David S. Allen Page 4 of 4 David S. Allen, CHA, CHT, CHIA PROFESSIONAL SUMMARY: Hospitality executive with 30+ years of experience in asset management, staff training, and development. Self- disciplined, exercising analytical, independent problem — solving skills. Sustains and demands superior guest service care values and ethics, while orchestrating efforts to build market share and contain costs. Extensive experience in major brand construction, renovation and openings, including Best Western, Marriott Courtyard, Residence Inn by Marriott, Hilton, AmeriSuites, Wellesley Inn and Suites and Homegate Inns. HIGHLIGHT OF QUALIFICATIONS: • 15+ years multi -unit management and regional service management • 10+ years of franchise construction and renovation management experience • 8 years General Management • 2 years International Quality Assurance and Consulting • Independent, franchised, corporate owned and managed hotel experience • 1+ years of owning and operating a hotel consulting company SPECIALTIES: • Key initial and current manager, franchise construction and renovation project. • Communication with franchisees, suppliers and corporate team members to ensure timely openings. • Consistent reinforcement of adherence to brand standards, company practices and procedures, risk management. • Development, construction, opening, renovating and converting properties. • Promotion of successful implementation of brand, marketing, sales, training & client services. • Initiates and facilitation of revenue & cost control strategies. • Identifies & pinpoints opportunities and areas in need of reorganization, restructuring and elimination. • Professional trainer and speaker. • Complete team player, maintains consistent clear communication. • Expertise in all facets of hotel operations and multi -unit direction. PROFESSIONAL HIGHLIGHTS: 1985 to Present, North America, South America, Asia. • CHIEF OPERATING OFFICE Ocean Unlimited LLC, Ocean Restaurants LLC (Best Western, GrandView Lounge, Blimpie Sub Shop, Kahala Coffee Traders, Surf City Squeeze) • OWNER OPERATOR of C.C.L. VENTURES, LLC a HOTEL CONSULTING and MANAGEMENT COMPANY • HOTEL NEW CONSTRUCTION/RENOVATION/OPENING/CONVERSION: Best Western International, AmeriSuites, Hilton, Hyatt, Courtyard by Marriott, Residence Inn by Marriott • INTERNATIONAL QUALITY ASSURANCE / CONSULTING Best Western International, Inc. • REGIONAL MANAGEMENT MULTI -UNIT: Best Western, Hyatt, A&M Hospitality, AmeriSuites (Prime Hospitality) • GENERAL MANAGEMENT Hilton, Hyatt Place, AmeriSuites, Wellsley Inn and Suites, Courtyard by Marriott, Hampton Inn, Residence Inn by Marriott • SALES MANAGEMENT Residence Inn by Marriott EDUCATION Oakland Community College—Architectural/Industrial Computer Aided Design BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 03, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Michael J Flores Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKING ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Dghg properties Employer 417 Starr Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Alternate Phone proprietor Job Title Michael J Flores Page 1 of 4 361-883-1345 Work Phone mflores8402@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? r Yes `' No Current resident of the city? c Yes r No 28 If yes, how many years? Dmd Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Michael J Flores Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Michael J Flores Page 3 of 4 Board -specific questions (if applicable) Question applies to PARKING ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories?Select one of the following * r Downtown Area Council Member Nominee r Downtown Management District Nominee r Corpus Christi Beach Task Force Nominee r Uptown Neighborhood Initiative Nominee r Building Owners and Management Association Nominee r Corpus Christi Convention and Visitor's Bureau Nominee r Resident where Paid Parking Meters are Collected r Owner of Residential Living Property in the City Center Area r None of the Above Michael J Flores Page 4 of 4 Michael J. Flores Areas of expertise Operations, Business management Experience Bourbon Street, Porkys Saloon. Corpus Christi, Texas Assistant General Manager, General Manager 6/22/09-11/15/2011 Performed plans to expand new and existing customer sales. Developed actions to improve brans image. Established different strategies such as advertising, public relations, sales promotions, special event and relations to obtain new business. Developed and managed different plans, dealt with budgets and supervised projects from the beginning until the end. Created a motivated team through a positive and proactive leadership style. Introduced new marketing strategies to improve customer acquisition, and income. Supervised everything related to the company image. Flanagan's Downtown, Corpus Christi, Texas Owner, Operator. 11/15/2011- Current Analyzed performance data to make operational changes. Renovated and updated company documents, such as contracts and reports. Running day to day operations within the business. Directing and supervising a management team. Supervising all company affairs, and all staff members. City Of Corpus Christi REINVESTMENT ZONE NO. 3 BOARD BOARD DETAILS OVERVIEW SIZE 12 Seats TERM LENGTH 2 Years TERM LIMIT N/A The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA - Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. DETAILS COMPOSITION The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from the Downtown Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. CREATION / AUTHORITY Ord. No. 027996, 12/16/08; Ord. No. 028136, 04/28/09; Ord. No. 029403, 3/2/12; and Ord. No. 030286, 9/16/14. MEETS On call, Council Chambers. REINVESTMENT ZONE NO. 3 BOARD Page 1 of 2 TERM DETAILS Two-year staggered terms. DEPARTMENT City Manager's Office COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION REINVESTMENT ZONE NO. 3 BOARD Page 2 of 2 Reinvestment Zone No. 3 Board Members February 14, 2017 Six (6) vacancies with terms to 2/28/18 and 2/28/19 representing the following categories: 5 - City Representatives and 1- Downtown Management District Representative. (Note: The Downtown Management District is recommending the new appointment of AI Jones.) Name Board Name Status Term End Date Cate -o Position Rudy Garza REINVESTMENT ZONE NO. 3 BOARD Term Expired 2 02/28/17 City Member Paulette M. Guajardo REINVESTMENT ZONE NO. 3 BOARD Term Expired Partial 02/28/17 City Member Lucy Rubio REINVESTMENT ZONE NO. 3 BOARD Term Expired 1 02/28/17 City Member Stefany Schade REINVESTMENT ZONE NO. 3 BOARD Resigned 2 02/28/18 Downtown Management District Member Greg Smith REINVESTMENT ZONE NO. 3 BOARD Term Expired Partial 02/28/17 City Member Carolyn Vaughn REINVESTMENT ZONE NO. 3 BOARD Term Expired 1 02/28/17 City Chair Michael T. Hunter REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Joe McComb REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Ben Molina REINVESTMENT ZONE NO. 3 BOARD Active Partial 02/28/18 City Member Mike Pusley REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/18 Nueces County Vice -Chair Claudia Jackson REINVESTMENT ZONE NO. 3 BOARD Active 3 02/28/18 Del Mar College Member Vacant REINVESTMENT ZONE NO. 3 BOARD 02/28/18 City Member Reinvestment Zone No. 3 Board Applicant February 14, 2017 Name Boards Applying For District Employer Work Address City Al Jones Reinvestment Zone No. 3 Board District 4 Ameican Bank Holding Corporation P.O. Box 6469 Corpus Christi TX 361-244-0911 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 06, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Al Jones Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? REINVESTMENT ZONE NO. 3 BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Ameican Bank Holding Corp. Alternate Phone President Employer Job Title P.O. Box 6469 Work Address - Street Address and Suite Number Corpus Christi, Work Address - City Texas Work Address - State 78466-6469 Work Address - Zip Code Al Jones Page 1 of 4 361244-0911 Work Phone abjones@americanbank.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) University of Texas at Austin - one course shy of BBA degree Registered Voter? Yesr No Current resident of the city? rr Yes r No 47 If yes, how many years? Al Jones Bio - 2017 02 06.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Al Jones Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree AI Jones Page 3 of 4 Board -specific questions (if applicable) Question applies to PARKING ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories?Select one of the following * r Downtown Area Council Member Nominee r Downtown Management District Nominee r Corpus Christi Beach Task Force Nominee r Uptown Neighborhood Initiative Nominee r Building Owners and Management Association Nominee r Corpus Christi Convention and Visitor's Bureau Nominee r Resident where Paid Parking Meters are Collected r Owner of Residential Living Property in the City Center Area r None of the Above Al Jones Page 4 of 4 Al Jones Al Jones is the President of American Bank Holding Corporation. He was born in Austin, Texas, a lifelong resident of Texas, a finance major at the University of Texas at Austin and has been a resident of Corpus Christi for over 47 years. Current Activities Include: Board of Directors — Federal Reserve Bank of Dallas, San Antonio Branch Governor's Business Council — State of Texas Texas Exes — Board of Directors University of Texas Chancellors Council, Executive Committee Director — Christus Spohn Health System Director — Sub -S Bank Association Prior activities and services include: Director and Past Chairman — GCCBA Economic Development Council; Director — TexasOne; Chairman - IBAT Services; Chairman and Board of Governors —Art Museum of South Texas; Co -Chairman - Art Museum of South Texas Capital Campaign; Chairman — Corpus Christi Regional Economic Development Council; Chairman - Texas State Aquarium Capital Committee; Chairman of the Chamber of Commerce Foundation; Chairman of the Corpus Christi Area Convention and Visitor's Bureau; Director, Texas Lyceum Association; Chairman, Community Progress Partnership; Director and Vice President of the Y.M.C.A.; Director, 4UCC; C.C. '90 and the Committee of 16; graduated from Leadership Corpus Christi Class VI, was general chair for LCC IX; served on the advisory committees for LCC Class XX, XXI, and XXII; and Director, U.S.S. Lexington Museum on the Bay; Advisory Board - South Texas Public Broadcasting; Advisory Board - Junior League; and Co -Chairman - Corpus Christi Y2K Task Force; Director — Economic Development Corporation Texas; Commissioner — Port of Corpus Christi Authority; Chair, Board of Directors — Christus Spohn Health System; Board of Directors & Past Chair — Texas A&M University Corpus Christi Foundation; Director and Past Chair, Independent Bankers Association of Texas; Secretary/Treasurer — FutureBridge . Awards: 1993 Outstanding Leadership Award, Leadership Corpus Christi Alumni Association 1995 Henry B. Baldwin Award, Greater Corpus Christi Business Alliance 2000 Kirkland Distinguished Visitor, Texas A&M University Corpus Christi College of Business 2008 Jr. Achievement Business Hall of Fame, Junior Achievement of South Texas 2010 South Texan of the Year, Christus Spohn Health System Foundation 2011 Brad Lomax Spirit of Hospitality Award, Corpus Christi Convention & Visitors' Bureau 2015 Outstanding Community Leader, League of United Latin American Citizens AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing the submission of a grant application in the amount of $47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $17,314.58, an in-kind match of $8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 18 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $47,532.77 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $8,280 in-kind contribution, and the City contributes $17,314.58 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2017 — 8/31/2018. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $62,000.00 $124,000.00 Encumbered / Expended Amount This item $1,442.88 $15,871.70 $17,314.58 BALANCE $60,557.12 $46,128.30 $106,685.42 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $17,314.58, an in-kind match of $8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $47,532.77to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $17,314.58, an in- kind match of $8,280, for a total project cost of $73,127.35. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing the submission of a grant application in the amount of $281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in- kind services, for a total project cost of $352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 17 and 18 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for three Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $281,860.18 for the salary/benefits of two Victim Case Managers and mileage. Volunteer hours contribute $9,600 as an in-kind contribution, and the City contributes $60,865 over the two year period for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2017 — 09/30/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $62,000.00 Encumbered / Expended Amount This item $60,865.04 $60,865.04 BALANCE $1,134.96 $1,134.96 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in-kind services, for a total project cost of $352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $281,860.18 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in-kind services, for a total project cost of $352,325.22. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of Police Uniforms CAPTION: Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. PURPOSE: This item is to approve the purchase of police uniforms for the Police Department. BACKGROUND AND FINDINGS: The purchase will cover the trousers, short and long sleeve shirts, caps, and jackets worn by the police officers. Included in the price per item is: hemming of trousers, sewing on of patches and hash marks on shirts and jackets. All orders have a delivery time of 15 to 20 days on stock items and there will be no freight charges. The Police Department has been utilizing the services of Galls for over one year with exceptional customer service. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $380,370.00 0.00 $380,370.00 Encumbered / Expended Amount $151,377.21 0.00 $151,377.21 This item $70,150.00 0.00 $70,150.00 BALANCE $158,842.79 0.00 $158,842.79 Fund(s): CC Crime Control and General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. 3. 4. 5. 6. DESCRIPTION Flying Cross 75/25 Poly Wool 4 Pocket Trousers Flying Cross 75/25 Poly Wool Hidden Pocket Cargo Trousers Flying Cross 75/25 Poly Wool SS Uniform Shirt Flying Cross 75/25 Poly Wool LS Uniform Shirt Gerber Thriller SX Duty Jacket with Zip In Soft Shell Liner Midway Cap Police Service Dress Hat PRICE SHEET POLICE UNIFORMS TLGPC CONTRACT 432-13 GALLS LONE STAR UNIFORMS HOUSTON, TEXAS UNIT QTY. UNIT PRICE 350 EA $60.00 250 EA $78.00 350 EA $51.00 100 EA $58.00 30 EA $145.00 30 EA $55.00 Total Price EXTENDED PRICE $21,000.00 $19,500.00 $17,850.00 $5,800.00 $4,350.00 $1,650.00 $70,150.00 6 AFFIDAVIT STEPHANIE CAIN SULLIVAN NOTARY PUBLIC STATE AT LARGE, KENTUCKY COMM. # 512100 MY COMMISSION EXPIRES MAY 22. 2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature o authorized a' -nt of contracting business entity Sworn to and subscribed before me, by the said 12 CAD ti °WW1 CI 20_, to certify which, witness my hand and seal of office. , this the I3tb day of Jat u0 siephahNe Su iiivan grand Mangy ' Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-154357 Date Filed: 01/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of husiness. Galls, LLC Lexington, KY United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. city of corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 41955 uniforms and accessories for the police dept 4 Name of Interested Party City,State, Country (Place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 X 6 AFFIDAVIT STEPHANIE CAIN SULLIVAN NOTARY PUBLIC STATE AT LARGE, KENTUCKY COMM. # 512100 MY COMMISSION EXPIRES MAY 22. 2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature o authorized a' -nt of contracting business entity Sworn to and subscribed before me, by the said 12 CAD ti °WW1 CI 20_, to certify which, witness my hand and seal of office. , this the I3tb day of Jat u0 siephahNe Su iiivan grand Mangy ' Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(c�cctexas.com 361-886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Custodial Services Service Agreement for Police Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service -South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed $93,000, with an estimated expenditure of $54,250 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12 -month periods at the sole discretion of the City. PURPOSE: This service agreement will provide custodial services for the Main Police Station. BACKGROUND AND FINDINGS: Custodial services will be performed at the main police building located at 321 John Sartain Street. This service will provide two full-time day custodians that will work Monday through Friday from 8:00 a.m. to 5:00 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. until the required services are performed. The Police Department has utilized the services of ABM Janitorial for the past few years and have been satisfied with their services. The City received four responsive bids, and is recommending the award to the lowest, responsive, responsible bidder, ABM Janitorial Service -South Central, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Police Building Maintenance and Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $245,572.00 $38,750.00 $284,322.00 Encumbered / Expended Amount $38,216.88 $0.00 $38,216.88 This item $54,250.00 $38,750.00 $93,000.00 BALANCE $153,105.12 $0.00 $153,105.12 Fund(s): General Fund Comments: The initial contract term is a total amount not to exceed $93,000, with an estimated expenditure of $54,250 is funded in FY2016-2017. The total contract value will be $279,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Purchasing Division Buyer: Michael Gutierrez DESCRIPTION Custodial Services -Main Police Building (Main Police Station and Municipal Court) QTY 12 TOTAL UNIT BID EVENT No. 170 CUSTODIAL SERVICES FOR POLICE DEPARTMENT BID TABULATION World Technical Services, Martin's Janitorial Service Inc. San Antonio, TX Corpus Christi, TX James Janitorial Services, LLC. Cedar Hill, TX ABM Janitorial Service - South Central, Inc. San Antonio, TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE MO $11,425.93 $137,111.16 $10,560.00 $126,720.00 $7,865.00 $94,380.00 $7,750.00 $93,000.00 $137,111.16 $126,720.00 $94,380.00 $93.000.00 SERVICE AGREEMENT NO. 817 Custodial Service for Police Department THIS Custodial Service for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and ABM Janitorial Services -South Central, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Service for Police Department in response to Request for Bid/Proposal No. 170 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Custodial Service for Police Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $93,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 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: Pat Eldridge Police Department Phone: 361-886-2743 Email: Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. 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. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Title: Police Management Service Director Address: 321 John Sartain St. Corpus Christi, Texas 78401 Fax: 361-886-2614 IF TO CONTRACTOR: ABM Janitorial Services -South Central Inc. Attn: Ron Peden Title: Regional Director of Operations -West Texas Address: 10521 Gulfdale St., San Antonio, Texas 78216 Fax: 210-733-6015 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTO Signature: Printed Name: Title: /1 ` Date: 1/ 7.0 i)p24)-er„-4z:b2,/1 CITY OF CORPUS CHRISTI Signature: Printed Name. Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 170 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 1.1 ATTACHMENT A - SCOPE OF WORK General Requirements The Contractor will provide custodial services at the Main Police Station and Municipal Court, 321 John Sartain St. Corpus Christi, Texas 78401, as described herein. Custodial services apply to all designated spaces including, but not limited to halls, rest rooms, office spaces, reception areas, conference rooms, court rooms, auditorium, weight room, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways, stairwells, and turning off all lights not required and securing all windows and doors as required for security as each job site is completed. 1.2 Scope of work A. The services the Contractor will provide include furnishing all management effort, supervision, transportation, labor, equipment, approved materials and supplies to perform custodial services as required. B. Custodial Cleaning Duties: Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. The Contractor will submit to the Contract Administrator for approval a monthly schedule which corresponds to the required tasks and frequencies. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified below as follows: C. Floors 1. 1St Floor Property Room Gun Storage and 2nd Floor Weight Room Gym Floor (Sweep and Mop) a. Daily - Rubber flooring will be swept and mopped daily removing all loose dirt, lint, and foreign matter. 2. Vinyl and Ceramic Tile Floors (Sweep, Mop, and Buff) a. Daily - All vinyl tile floors will be mopped daily with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. b. Daily - Floors will be buffed. c. Daily - When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. d. Daily - Floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. e. Daily - All baseboards, doors, and walls will be cleaned of any mop and buffer splatters. f. Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warnings such as wet floors. g. Bi -Annual - Strip and wax flooring to a high buff finish. 3. Carpeted Floors and Rugs (Vacuum and Spot Clean) a. Daily - Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. b. Daily - Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. c. Bi -Annual - Shampoo and dry all carpets. D. Rest Rooms and Shower Stalls 1. Three times Daily - (Monday thru Friday) All public restrooms throughout the Police Building will be cleaned twice daily approximate times 10:00 am and 2:00 pm. The night shift will conduct a third cleaning. 2. Daily - (Monday thru Friday between 8:00 am - 5:00 pm) Private office restrooms will be cleaned once daily. 3. Daily - Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. 4. Daily - The floor will be wet mopped with a disinfectant. 5. Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. 6. Daily - Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. 7. Daily - Mirrors will be cleaned and polished. 8. Daily - All metal and hardware will be clean and bright. 9. Daily - Showers, walls, and floors will be scrubbed free of soap film, dirt, and mildew with an approved cleaner daily. 10. Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. 11. Daily - All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. 12.Twice Weekly- (Mondays and Thursdays) an approved liquid live bacterial cleaner will be applied to all rest rooms and shower floor drains. 13.Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. 14. Monthly - The floor will be stripped and a floor sealer will be used but NO WAX will be used. E. Offices, Open Office Space, Conference Rooms, and Court Rooms 1. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - Upon request, white boards, where present, will be erased and washed clean along with trays. 4. Daily - Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. 5. Daily - Doors, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. 6. Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. 7. Daily - Paper Shredding Machines will be emptied, cleaned, and have a new plastic trash bag installed when needed. 8. Weekly- Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. 9. Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. 10. Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. 1 1. Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. F. Lobbies, Entrances, and Reception Areas 1. Daily - All furniture, fire apparatus, doors, horizontal ledges, and window sills will be dusted and wiped free of dirt and smudges. 2. Daily - Drinking fountains will be cleaned and disinfected. 3. Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. 4. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 5. Daily - All trash will be deposited in dumpster outside the building. 6. Daily - Miscellaneous hardware and bright metal work will be wiped clean daily. 7. Daily - The three main entrances and two stair well entrances to the Police Department door thresh holds will be swept and cleaned to remove any debris caught in the tracks. 8. Weekly - The three main entrances and two stair well entrances to the Police Department door thresh holds will be polished with approved cleaner. 9. Weekly - Miscellaneous hardware and bright metal work will be polished once a week. 10. Weekly - Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. G. Stairs and Stairwells 1. This includes stairwell landings, stairs, and steps between landings for four stair wells, two interior stair wells which cover five floors, one stair well leading to the exterior of the building covering four floors, and one stair well leading to the exterior of the building covering two floors. 2. NO WAX will be applied to any landing or stairs. 3. Daily - Interior stair landings and steps will be swept daily. 4. Daily - The two stair well exterior entrances to the Police Department metal door thresh will be swept and cleaned to remove any debris caught in the tracks. 5. Weekly - The two stair well exterior entrances to the Police Department metal door thresh will be polished with appropriate cleaner. 6. Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. 7. Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. H. Elevators 1. The two passenger elevators and one service elevator will be cleaned daily. 2. Daily - All surfaces in the interior and exterior of the elevator cab will be cleaned and polished daily. 3. Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. 4. Daily - Laminate walls will be wiped with an approved cleaner. 5. Daily - Vinyl tile floors will be swept and mopped free of all loose soil and debris. 6. Weekly - Vinyl tile floors will be waxed and buffed weekly to assure a shiny, clean appearance. I. Refuse Disposal 1. Daily - All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. 2. Daily - All boxes small or larger will be broken down prior to placing in the dumpster. 3. Daily - If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. J. Kitchen, Break Room, and Vending Areas 1 Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. 4. Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. 5. Daily- All tables, chairs, doors, woodwork, walls, and cabinets will be wiped clean. 6. Daily - Chairs will be neatly arranged around the table(s). 7. Daily - Thoroughly clean all glass surfaces. K. High Cleaning 1. Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. 2. Monthly - Clean all air vents in offices, conference rooms, hallways, and public spaces to remove all lint, litter, and soil. 3. Monthly - Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned - free of bugs, dust, grease and other foreign matter. L. 911 Call Center 1. Three Times Daily - All Trash must be emptied three times daily in the 911 Call Center, every day of the week - Monday thru Sunday. Times of removal 10:00 am, 2:00 pm, and 8:00 pm. 2. Monthly - Clean and dust all desk computer monitors. M. Exterior 1. Daily - (Monday thru Sunday) All areas exterior to the Police Station building consisting of entrance stairs, landings, smoker's deck, ramps, parking lots, sidewalks, exterior landscaped areas, and porches leading to the first floor entrance and the service ramps will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). 2. Daily - Trash will be removed from waste and cigarette receptacles located outside the entrances. 3. Daily - (Monday thru Sunday) there are three main entrances to the building as well as two stair well exits/entrances which consist of stairs and landings. Immediately in front of these entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird deification or gum. 1.3 Invoicing Instructions Contractor's invoices will be submitted to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. Invoices submitted prior to the end of the period will not be processed until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. Payment will be based on a monthly charge based on the contract price. 1.4 Work Site and Conditions A. The work will be performed in the Main Police Building which includes the Main Police Station and Municipal Court on 321 John Sartain St. Corpus Christi, Texas 78401. B. Contractor shall supply the City with a work schedule showing projected work times, days, number and names of personnel. Changes in the work schedule must be approved by the City. C. Normal Business Hours: The Contractor will have two employees, one being a competent Supervisor, assigned to the main Police Building to work from 8:00 a.m. to 5:00 p.m., Monday through Sunday excluding City designated holidays (See Exhibit A). The Supervisor must have written authority to speak and act for the contractor and must be able to respond by phone or in person within 30 minutes and have immediate communications with on-site workers. D. Night Hours: Nightly services will occur Monday through Sunday and are to be performed after normal business hours. Man-hours utilized will be sufficient to ensure required services are performed in a professional manner. Nightly Services are part of the scope in this contract. Contractor will have a Supervisor on site at the Main Police Building during night hours, excluding City designated holidays. E. Weekend Services: Weekend and or holiday cleaning will not require a supervisor on site; however, a supervisor is required to conduct regular site inspections on weekends. Supervisor must be accessible via phone during weekend working hours. F. Restricted or high security areas will be cleaned, as described in the scope of work above, during normal business hours, Monday through Friday, while a City employee is present (See Exhibit B). Contractor employees found to be working in any Police or Municipal Court restricted or high security area who have not been cleared in advance or is unaccompanied by a City employee will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. G. Facilities: The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared in the Main Building 1St, 2nd, 3rd, 4th and 5th floors. The Contractor will assume responsibility for safekeeping of janitorial supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on Contractors part or on the part of Contractor's employees. The City will not provide any office space to the Contractor. The Contractor is responsible, at the Contractor's own expense, to secure and maintain the office space necessary for the performance of the Contractor's work. H. The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, and liquid soap which the City will furnish. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. I. The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. 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 will also provide supervision of the work to insure it complies with the contract requirements. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. 1.6 Safety Requirements A. Accident Reporting: The Contractor will maintain an accurate record of, and will report to the Contract Administrator, all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. B. Fire Prevention: The Contractor will familiarize himself and require his employees to become familiar with the method(s) for activating the fire alarm. The Contractor and his employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator 1.7 Contractor Employees The Contractor will furnish an adequate number of employees to perform all work specified within the contract. Contractor's employees will conduct themselves in a proper and efficient manner at all times, and especially to maintain a business -like relationship with others. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee will wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by Contractor and must be approved by the Contract Administrator. Contractor employee/s found without identifying upper, outer garments or ID's will be removed from the building. 1.8 Special Instructions Post Award Security Requirements A. The Contractor will comply with all City Security requirements. Due to the nature of Police and Municipal Court information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, Social Security Number, height, weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this contract, a completed Personal History Statement and other forms may be required for security. It will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Police/Municipal Court areas. B. Contractor employees found to be working in any Police or Municipal Court area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. C. Pre-Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understandings relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. D. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. Exhibit A CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year's Day). 2. The last Monday of May (Memorial Day) . 3. The fourth day of July (Independence Day). 4. The first Monday of September (Labor Day). 5. The fourth Thursday and Friday of November (Thanksgiving Day). 6. The twenty-fifth day of December (Christmas Day). When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. The Contractor must get an approval from the Contract Administrator for a skeleton crew to work holidays. Exhibit B RESTRICTED AREAS Cleaning Occurs - Monday thru Friday, 8:OOam to 5:OOpm excluding City holidays. 1st Floor: Property Warehouse 2nd Floor: Director of Municipal Courts 4th Floor: Forensics - offices and labs 5th Floor: Chief of Police (clean at 8:00 A.M.) Assistant Chief of Police (3 offices) Room 525 Date: November 16, 2016 ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 170 Custodial Services for Police Department Authorized Bidder: ABM Janitorial Services - South Central, Inc. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Description QTY Unit Unit Price Total Price Custodial Services -Main Police Building (Main Police Station and Municipal Court) 12 MO $ 7,750.00 $ 93,000.00 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Chief of Police one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 CRIME POLICY $50,000 per occurrence C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements CCPD Custodial Services 08/31/2016 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Service Agreement. orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-152958 Date Filed: 01/11/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ABM Janitorial Services - South Central, Inc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Service Agreement No. 817 janitorial services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r----/-,,(.1-- /----- KATHERINE G FAZ 1,. Notary Public VG :1c of Texas '` My Commission# 130777202 4 My Comm. Exp. Aug. 11, 2020 NOTARY STAMP / SEAL ABOVE to�nd subscribed before me, by the said . , to certify which, witness my hand and Signature of authorized agent of contracting business entity i�j en r Q 11. / //yJ�(�� �1 , this the G { .71-kay of �K %1 &A,7 seal of office. /6144rox ne. C7 61- ake /'�(liz'~a.. 4 , ' 2 Signature of officer dministering ath,' Printed name of officer administering oath Title of officer adm ifs stering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajcyk, Director of Solid Waste Operations LawM(c�cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361)826-3176 Purchase and Installation of Scale at JC Elliott Transfer Station CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. PURPOSE: The purpose of this agreement is for the purchase and installation of a scale for the JC Elliott Transfer Station. BACKGROUND AND FINDINGS: At the present time, the JC Elliott Transfer Station has only one operational scale which is approximately 20 years old. The scale being replaced is beyond any repairs since structurally it has exceeded its useful life. A total of two bids were received, of which one was deemed nonresponsive. Baldwin Scales Co. provided the lowest, responsive and responsible bid. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $57,000.00 $0.00 $57,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $56,750.00 $0.00 $56,750.00 BALANCE $250.00 $0.00 $250.00 Fund(s): General Fund Comments: Funds for the Solid Waste Department in the amount of $56,750 is budgeted in FY 2016-2017. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 174 SCALE REPLACEMENT AT JC ELLIOTT TRANSFER STATION December 6, 2016 Recorded by: Fidel Rodriguez Supplier TOTAL: $56,750.00 Non -Responsive Baldwin Scale A-1 Scale Corpus Christi, Texas San Antonio, Texas Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price 1 Scale at JC Elliott Transfer Station 1 each $ 51,950.00 $ 51,950.00 2 Freight 1 each $ 4,800.00 $ 4,800.00 Received bid after the closing time. Bid was submitted via e-mail. TOTAL: $56,750.00 Non -Responsive SERVICE AGREEMENT NO. 927 Scale Replacement at JC Elliott Transfer Station THIS Scale Replacement at JC Elliott Transfer Station Agreement ("Agreement")is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Brian Baldwin dba Baldwin Scale Co. ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Scale Replacement at JC Elliott Transfer Station in response to Request for Bid/Proposal No. 174 ("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 Scale Replacement at JC Elliot Transfer Station ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $56,750.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 / Mobile: 361-510-4793 Email: tonyb@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated -in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. 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. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. ' 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tony Benavides LandFill Manager Address: Corner of 286 and Ayers (7001 Ayers) Fax IF TO CONTRACTOR: Baldwin Scale Co. Attn: Brian Baldwin Title: Owner Address: P.O. Box 7139, Corpus Christi, Texas 78467 Fax: 361-884-6750 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractorwritten notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 Printed Name: rl 5Ccz AP, Co, r- 1 c.n P)nici Title: C)(-)1.3 fl(' - Date: 1 Z 22 qv CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 174 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 1.1 General ReguirementsfBackground Information The Contractor shall provide a truck scale at JC Elliott Landfill as outlined in this Scope of Work. The existing scale is no longer manufactured, it is very important that the new scale fits the same foundation and ties into the existing software. 1.2 Scope of Work A. General Motor Truck Scale Specifications 1. Weighbridge and load cells, shall be of one manufacturer to maximize compatibility and availability of components. 2. Furnish and install one steel deck motor truck scale, specified options and peripheral devices. 3. The scale weighbridge shall have an overall weighing surface of not less than 60 feet long and not less than 11 feet wide. 4. The scale shall be fully electronic in design and shall not incorporate any mechanical weighing elements. S. The scale shall have a nominal capacity of 200,000 pounds graduated in 20 - pound increments. 6. The scale shall have a dual tandem axle capacity (Concentrated Load Capacity) CLC of no less than 100,000 lbs. 7. The load cells shall be of stainless steel construction and sealed to IP68 rating. All load cell mounting hardware shall be galvanized steel or stainless steel construction. The load cell cables shall have poly -coating over a stainless sheath. 8. The scale shall meet the requirements set forth by the current edition of the National Institute of Standards and Technology Handbook 44 (NIST H-44). The scale manufacturer shall provide a Certificate of Conformance (NTEP Certification) to these standards upon request. 9. The design and manufacture of the scale weighbridge, load cells and associated accessories shall be of one manufacturer as to maximize compatibility and availability of components. This manufacturer shall be certified ISO9001. 10. The scale shall be a B-TEK Scales Model: Centurion CT -6011 -AT or equivalent. B. Motor Truck Scale Installation 1. The existing foundation shall be used for the new scale. 2. The existing scale will be remove from the foundation and hauled away from site. 3. All dirt and debris will be removed from the foundation and make ready for the new scale. 4. The Scale will bolt down to the existing foundation. 5. No modifications or additions to the foundation will be allowed. Measurements of the pad for the new scale and pictures of the current scale are attached. C. Motor Truck Scale Weighbridge Specifications 1. The scale weighbridge shall have a dual tandem axle capacity (Concentrated Load Capacity) CLC of no less than 100,000 lbs. 2. The weighbridge shall consist of prefabricated modules designed with full length removable center and full width sectional cover plates. The removable cover plates provide convenient top access to all load cells. They also insure easy access and clear visibility when cleaning the foundation 3. The weighbridge main beams shall be minimum of WF12"@30 Ib. / ft. built in a "BRIDGE" design such that all structural components are exposed to ambient air. The "BRIDGE" design insures that the main structural components do not corrode due to trapped moisture inside and enclosed / sealed type weighbridge design. 4. The weighbridge decking shall be no Tess than 3/8" thick thread plate. 5. The scale weighbridge assemblies shall incorporate no bolted connections between the Toad cell and weighbridge assemblies 6. The weighbridge platform shall be provided with side-to-side and end -wall checking assemblies. The side checking assemblies shall be integrated into the Toad cell base plates. End -wall bumper plates shall be embedded or bolted to the end -walls. 7. The Toad cell base plates shall have a minimum thickness of 1/2" and shall be anchored securely to the scale foundation. D. Motor Truck Scale Weighbridge Surface Preparation and Finish Specifications 1. The weighbridge structural members shall be shot blasted to a minimum SSPC-SP6 specification prior to painting. 2. All exposed weighbridge surfaces shall be coated with a cross-linked two- part epoxy (2-4 mil) coat followed by a two-part UV resistant polyurethane (2-4 mil) top coat finish. Single paint systems will not be accepted. E. Motor Truck Scale Load Cell Specifications 1. Each load cell shall have a minimum capacity of 77,000 Ib. (35T) 2. Load cells shall be NTEP certified. A Certificate of Conformance shall be provided by the manufacturer upon request. 3. Load cells shall have an analog millivolt output. Digital type load cells or externally mounted digital conversion boxes will not be accepted. 4. The load cell assembly shall be a compression column type and have no positive fixed mechanical connectors, such as bolts or links that are required in mounting the load cell to the weighbridge or foundation base plates. 5. The load cell shall not require check rods or chain links for stabilization. 6. The load cell shall be laser welded stainless steel construction and hermetically sealed. The load cell shall have a minimum rating of IP68 (NEMA 6P) that allows short-term submersion without loss of function or damage. 7. The load cell shall have a permanently attached load cell cable. Load cells with screw -on or twist -lock type removable connectors will not be accepted. 8. The load cell cable shall be poly -coated stainless steel sheathed for environmental, moisture and rodent protection. 9. Load cells shall be B-TEK Model CPR -M or equivalent. F. Motor Truck Scale Instrumentation Specifications 1. The scale instrument shall be NTEP certified. A Certificate of Conformance shall be provided by the manufacturer upon request. 2. The scale instrument shall be housed in an enclosure that is suitable for desktop mounting. 3. The scale instrument shall use full text (descriptive word) based prompts for entry of setup and calibration parameters. Data and configuration parameters shall be entered through the instruments alpha -numeric keypad - no external keyboard shall be required. 4. The scale instrument shall provide multiple digital filtering parameters of the displayed weight. 5. The scale instrument shall only receive a millivolt analog signal from the load cells. There shall be no analog to digital conversion function performed outside of the scale instrument. Junction boxes that perform analog to digital conversion will not be accepted. 6. The scale instrument shall have preconfigured software to perform truck in / out weighments. 7. Contractor will integrate the scales and corresponding instrumentation with the current scale reporting software: AutoScale CMRS by Mettler Toledo. 8. The scale instrument shall have gross/net weight switching and the ability to recall the gross or tare weights in the net mode. 9. The scale instrument shall be capable of being programmed and calibrated in pounds or kilograms 10. The scale instrument shall have a (2) standard communication ports. One provides bi-directional RS232C and the second can be configured for RS232C, RS422 or RS485. The port shall be capable of receiving a remote print command vial serial communication or hard wire input. 11. The scale instrument shall have Ethernet communication card. 12. The scale instrument shall have a standard analog output providing either 4- 20mA or 0-10V. 13. The scale instrument shall have (2) standard optically isolated inputs. 14. The scale instrument shall have (2) standard relay output contacts. 15. The scale instrument shall have addition slots available for additional option cards. 16. The scale instrument shall have a built in clock / calendar. 17. Scale instrument shall be B-TEK model D410 or equivalent. G. Motor Truck Scale Junction Box and Cable Specifications 1. All junction boxes shall be rated NEMA 4X and be constructed of fiberglass reinforced plastic (FRP). Junction boxes made of metal will not be accepted. 2. Load cell cables shall be poly coated stainless steel sheathed for environmental, moisture and rodent protection. 3. Junction boxes shall contain 4 -cell summing card with individual cell and sectional trim pots. Summing boards with more than 4 -cell inputs will not be accepted. 4. The summing card (s) provide must have surge voltage protection devices such as fast acting Gas Discharge Tubes to help protect the connected load cells from surge voltage and lightning. H. Motor Truck Scale Lightning Protection Specifications 1. A comprehensive lightning protection system shall be provided with the scale. 2. The system shall not require complicated wiring or devices to provide this protection. 3. Lightning protection system shall cover load cells and unction boxes 4. An AC line surge protection device shall be provided for the scale indicator. I. Motor Truck Scale Warranty Specifications 1. The Scale manufacturer shall warrant the scale weighbridge structure, all load cells and junction boxes for a period of five - years from date of acceptance after installation from failures due to a defect in manufacturing, workmanship and lightning / surge voltages. 2. Within the 5 -year warranty period, the manufacturer shall cover the cost of replacement parts due to general failure, workmanship and lightning / surge voltages. 3. The manufacturer and / or its local representative shall present a program of regular maintenance and calibration services, including the associated inspection costs. Inspection shall occur at a minimum of once every six months and shall comply with the guidelines set forth by the manufacturer, local regulations, and NIST H-44. The biannual inspections are required to meet the terms of the warranty. Date: 12-02-16 Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 174 Scale Replacement at JC Elliott Transfer Station Authorized Bidder: Baldwin Scale Co. Signature: PAGE 1 OF 1 Brian Baldwin 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB, Item Description UNIT QTY Unit Price Total Price 1 Scale at JC Elliott Transfer Station QTY 1 $ $ 51,950,00 2 Freight QTY 1 $ $ 4,800.00 Total $56,750.00 Attachment C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Solid Waste Scale Install/Replacement - JC Elliott Transfer Station 09/26/2016 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements 1. The Contractor's manufacturer shall warrant the scale weighbridge structure, all load cells and junction boxes for a period of five - years from date of acceptance after installation from failures due to a defect in manufacturing, workmanship and lightning / surge voltages. 2. Within the 5 -year warranty period, the Contractor's manufacturer shall cover the cost of replacement parts due to general failure, workmanship and lightning / surge voltages. 3. The Contractor's manufacturer and / or its local representative shall present a program of regular maintenance and calibration services, including the associated inspection costs. Inspection shall occur at a minimum of once every six months and shall comply with the guidelines set forth by the manufacturer, local regulations, and NIST H-44. The biannual inspections are required to meet the terms of the warranty. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1.4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-145902 Date Filed: 12/13/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Baldwin Scale Co. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed, City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB174, Service Agreement# 927 Scale Replacement at JC Elliott Transfer Station 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Baldwin, Brian Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,. ...... -CRYSTAL 'lr'. --711177;17-67/1767/76--.4:',I1/40.N''• R:4• M YEVERNO ?0;•,jo�Notary Public, State of Texas as "011111 ;. ,, Comm. Expires 06.29.2020 % Notary ID 13072208.4 i�4°,,tt --- - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE Swor t and subscribed before me, by the said V v 1 day o1 1 • 1 ( �, this the 11 _/� __. _ 20 ? , to certify which, witness my hand and seal of office. 1 I . ..� ) (--- . i) lk� ..t iL..... IA ,IS ( , \ �stext Ylt7 /1 n,k-?,r" Sii,�{ ture of offi ■I er ad''i)ttir ring oath Print• i name *f officer administeri oath Title o biftcer administering oath / f Forms provided by Texas Etltie!s Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajcyk, Director of Solid Waste Operations LawM(c�cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.co (361)826-3176 Servicing of Scales at Landfills Cefe Valenzuela and JC Elliott CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call scale services at the Cefe Valenzuela and JC Elliott Landfills. BACKGROUND AND FINDINGS: Award recommendation is based on lowest responsive responsible bidder. The servicing of scales will be done to the scales located at the Cefe and JC Elliott Landfills. Due to the high volume of traffic, the City depends on the accuracy of the scales; therefore, it is imperative that these scales be inspected and calibrated on a quarterly basis. JC Elliott has two scales, which are an inbound and an outbound scale and Cefe Valenzuela has four Mettler Toledo scales. A total of three bids were received, of which one was deemed non-responsive. A-1 Scale Services, Inc. provided the lowest, responsive and responsible bid. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,491.12 $9,766.67 $141,257.79 Encumbered / Expended Amount $59,333.60 $0.00 $59,333.60 This item $19,533.33 $9,766.67 $29,300.00 BALANCE $52,624.19 $0.00 $52,624.19 Fund(s): General Fund Comments: The initial contract term is a total amount not to exceed $29,300.00, with an estimated expenditure of $19,533.30 to be funded in FY2016-2017. The total estimated contract value will be $87,900.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 148 Servicing of Scales at Landfill Locations December 6, 2016 Recorded by: Fidel Rodriguez Supplier Supplier Supplier TOTAL: $29,300.00 $39,225.00 Non -Responsive Al Scales Inc Baldwin Scales P & S Scale Co Location Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Unit Extended Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price Price Price 1 Calibrations with Certificates -JC Elliott 8 each $ 450.00 $ 3,600.00 $ 762.50 $ 6,100.00 2 Calibrations with Certificates - Cefe Valenzuela 16 each $ 1,000.00 $ 16,000.00 $631.25 $ 10,100.00 3 Inspection with Reports - JC Elliott 8 each included $ 337.50 $ 2,700.00 4 Inspection with Reports - Cefe Valenzuela 16 each included $ 293.75 $ 4,700.00 5 Repair Allowance - Hourly Rate: ( Normal Business Hours 8am to 5pm) 80 hrs $ 80.00 $ 6,400.00 $ 125.00 $ 10,000.00 6 Repair Allowance - Hourly Rate: ( After Normal Business Hours 8am to 5pm) 30 hrs $ 110.00 $ 3,300.00 $ 187.50 $ 5,625.00 TOTAL: $29,300.00 $39,225.00 Non -Responsive SERVICE AGREEMENT NO. 928 Servicing of Scales at Landfill Locations THIS Servicing of Scales at Landfill Locations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and A-1 Scale Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Servicing of Scales at Landfill Locations in response to Request for Bid/Proposal No. 148 ("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 Servicing of Scales at Landfill Locations ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $29,300.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 / Mobile: 361-510-4793 Email:tonyb@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. 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. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tony Benavides LandFill Manager Address: 2525 Hygeia, Corpus Christi, Texas 78401 Fax: 361-826-4575 IF TO CONTRACTOR: A-1 Scale Services, Inc. Attn: David Morgan Title: Service Manager Address: 4807 N.W. Industrial Dr., San Antonio, Texas 78238 Fax: 210-521-1333 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: 1) r Title: -IVI Date: 41, CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RF8/RFP No. 148 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Servicing of Scales at Landfill Location as outlined in this Scope of Work. 1.2 Scope of work A. Provide four calibrations, (quarterly), along with certifications per year for two scales at JC Elliott Transfer Station. • JC Elliott LF Make: Unibridge Model: N/A 1. (1) - *Inbound Scale: indicator known as JAG EXTREME 2. (1) - Outbound Scale: indicator known as IND 560 * This scale is in the process of being replaced. B. Provide four calibrations, (quarterly), along with certifications per year for four scales at the Cefe Valenzuela Landfill. • (4) - Cefe LF Make: Mettler Toledo Model: 756 C. Perform inspection of scales (quarterly before calibration) to include a detailed report to the Contract Administrator showing the integrity of scale but not limited to load cells, wiring, and structural functionality: 1. If a repair is required, the Contractor will provide the Contract Administrator an estimate of the needed hours to complete the repair. The hourly rate provided on the price sheet will be used to determine the cost of the repair. 2. If parts are required, new and unused parts will be used for all repairs. 3. Repairs are to be performed in a timely manner. 4. Contractor must respond within 24 hours of receiving initial call out. 5. At the end of the service call the contractor shall provide a detailed report of the failure and repair / replacement executed listing the asset number, make, model and part number. 1.3 Work Site and Conditions The work shall be performed at the following locations: 1. JC Elliott Transfer Station Corner of 286 and Ayers Corpus Christi, Texas 78401 2. Cefe Valenzuela Landfill. 2397 CR 20 Robstown, Texas 78380 Date: Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 148 Servicing of Scales at Landfill Locations C� 1 Authorized Bidder: N-1 S(cL- SrTrIc Signature: e Page 1 of 1 I. Refer to "instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. I item Description UNIT QTY Unit Price Extended Price 1 t Calibrations with Certificates -JC Elliott EA 8 5 4,1_5(3°'-' $ 3(.W Z Calibrations with Certificates-Ce€e Valenzue!o Landfill EA 16 I� c? $ IGb o,� 3 Inspection with Report- JC Elliott EA EA 8 16 bli~i.a [,.s l Livid $ $ I 4 inspection with Report- Cele Valenzuela Landfill i 5 Repair Allowance- Hourly Rate: (Normal Business Hours Sam to 5pm) HRS 80 i?df f it�f ' ! 1 � $ k4b0 t— 6. � Repair Allowance- Hourly Rate: (AfterIr Normal Business Hours including Holidays) HRS 30 1°110(r$ 1 3360(' Total including Allowance $ L%5Jc) r'- 1 1 Attachment C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director, Solid Waste one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury I $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Solid Waste Cefe Landfill and JC Transfer Stn Scale Calibrations 06/28/16 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements No warranty required for the Service Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 4 there are interested parties. Complete Nos. 1, 2, 3. 5. and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-145304 Date Filed: 12/12/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A-1 Scale Service, Inc. San Antonio, TX United States 2 N ameof goyernm ental entity or sate age rcythatis aparty to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the servic es, goods, or other property to be provided under the contract. 928 Inspect, calibrate, install and repair of vehicle scales located at both landfills Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signatur- . - :•--7i . ent of contracting busine entity AFFIX NOTARY STAMP / SEAL ABOVE �F,,� /�a. /� Sworn to and subscribed before me, by the said _/ `P r • , 1A.'— , this the /J day of OCL C!%11'K9 20] , to certify which, witness my hand and seal of office. / f r i /t, /.9.)G: "� t i ;1 cite!! 1 ,/i� � ' ll 1 II 1 �I f�IL ."i '., : F 1 :`s :( 1'� �. is MICHELLE LOPEZ GARCl M Nob ID # 130289132 Y Yp �nry ', .1., Expires ,�,/ I Sig»aivice 01 onicer aarnlnl erzl vath Printed name of officer administering oath ,�f._.t. kr/ Q179. N� 9 ...._ A-11,11-a,—Si Forms provided by Texas Ethics Commission www.ethics.state.txus Ver3ion V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 361-826-3932 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Lease -purchase of Refuse and Recycle Containers (Carts) CAPTION: Motion authorizing City Manager, or designee, to lease -purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96 -gallon refuse containers and 1,870 96 -gallon recycle containers for a total amount of $569,409.99, with an estimated expenditure of $66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H - GAC). The containers will be used in the City's automated collection program. Lease -Purchase Price $534,736.80 Interest $34,673.19 Total $569,409.99 PURPOSE: Approval to lease -purchase refuse and recycle containers. These containers are provided for use to Solid Waste customers to serve their refuse and recycling needs. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damaged and stolen carts. The Solid Waste Department dedicates two full-time employees to the distribution, collection and maintenance of carts for approximately 88,000 customer accounts. The entire city is currently on the automated collection program which was first implemented in 2002. The plastic carts have standard 10 year warranties, and many of the original carts issued in 2002 remain in service today. The replacement of damaged wheels is the most common type of repair, especially to the older carts. Carts that are damaged and deemed unserviceable, are collected and recycled by the Solid Waste Department. ALTERNATIVES: N/A OTHER CONSIDERATIONS: The containers lease purchase will be funded for a sixty month period with an estimated interest rate of 2.5%. The actual interest rate will be determined after the acceptance of the containers. Seven payments, totaling $66,431.05 are anticipated for FY 2016-2017, with the first payment in March 2017. Monthly payments of approximately $9,490.15 will continue until the last payment is issued in January 2022. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,793,605.19 $502,978.94 $3,296,584.13 Encumbered / Expended Amount $2,726,881.64 $0 $2,726,881.64 This item $66,431.05 $502,978.94 $569,409.99 BALANCE $292.50 $0 292.50 Fund(s): General Fund Comments: Funding for this lease -purchase approved for the FY 2016-17 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ ITEM 1 2. DESCRIPTION 96 Gallon Trash Carts (9690739) Product Code: AC044 96 Gallon Recycle Carts (9690720) Product Code: AC044 Note: Cart price includes in -molded labels and freight PRICE SHEET CASCADE ENGINEERING, INC. HGAC: RC01-16 CASCADE ENGINEERING, INC. GRAND RAPIDS, MICHIGAN UNIT QTY. UNIT PRICE 9440 EA $47.28 1870 EA $47.28 EXTENDED PRICE $446,323.20 $88,413.60 Total Price $534,736.80 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-153495 Date Filed: 01/12/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cascade Engineering, Inc. Grand Rapids, MI United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. N/A Trash and Recycle Carts Supply Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 if there is NO Interested Party. Check only X 6 AFFIDAVIT I swear, or CA001. A. HINOLEY public. State of Michigan y County of Kent My Commission Expires 09- 0 affirm, under penalty of perjury, that the 1~Notary � above disclosure is true and correct. :OkSP P t 'Acting In the County o Signature of authorzed agent of contracting business entity , this the 12tH day of January AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Jo-Anne Perkins 20 17 , to certify which, witness my hand and seal of office. Municipal Contracts Manager rot 40'7 ,fi Carol A. Hindley Signature of officer administering of Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe@cctexas.co (361)826-3176 Electrical Services Service Agreement for Cefe Valenzuela Landfill and JC Elliott Transfer Station CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed $33,600, with an estimated expenditure of $19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12 -month period at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call electrical services for Cefe Valenzuela Landfill and JC Elliott Transfer Station. BACKGROUND AND FINDINGS: The capability to have on-call service for electrical repairs is critical to the operations to ensure electrical panels and sump pumps remain in continuous operation. Faulty or off- line equipment at these locations can possibly lead to regulatory violations from Texas Commission on Environmental Quality. The City received two responsive bids, and is recommending the award to the lowest, responsive, responsible bidder, Scott Electric Co. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,491.12 $14,000.00 $145,491.12 Encumbered / Expended Amount $59,333.60 $0.00 $59,333.60 This item $19,600.00 $14,000.00 $33,600.00 BALANCE $52,557.52 $0.00 $52,557.52 Fund(s): General Fund Comments: The initial contract term is not to exceed expenditure of $33,600, with an estimated expenditure of $19,600 of which will be funded in FY 2016-2017. The total estimated contract value will be $134,400 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 175 Electrical Services for the Cefe Valenzuela and JC Elliott Landfills December 6, 2016 Recorded by: Fidel Rodriguez Supplier Supplier TOTAL: $33,600.00 $33,922.20 Scott Electric Gourley Contracting Location Corpus Christi, Texas Corpus Christi, Texas Unit Extended Unit Extended Item Description Qty. Unit Allowance Mark-up Price Price Allowance Mark-up Price Price 1 Electrician Normal Hours (M -F 8:OOam - 5:OOpm) 150 hrs $ 65.00 $ 9,750.00 $ 60.00 $ 9,000.00 2 Electrician After Hours (M -F 5:01am - 7:59pm) 60 hrs $ 97.50 $ 5,850.00 $90.37 $ 5,422.20 3 Parts 1 $ 15,000.00 20% $ 3,000.00 $ 18,000.00 $ 15,000.00 30% $ 4,500.00 $ 19,500.00 $ 33,922.20 TOTAL: $33,600.00 $33,922.20 SERVICE AGREEMENT NO. 926 Electrical Services for Cefe Valenzuela and JC Elliott Landfills THIS Electrical Services for Cefe Valenzuela and JC Elliott Landfills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Scott Electric Co. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Electrical Services for Cefe Valenzuela and JC Elliott Landfills in response to Request for Bid/Proposal No. 175 ("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 Electrical Services for Cefe Valenzuela and JC Elliott Landfills ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to three additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $33,600.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 Email: tonyb@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. 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. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax; hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tony Benavides Title: Contract Administrator Address: 7001 Ayers, Corpus Christi, Texas 78401 Fax: 361-826-1970 IF TO CONTRACTOR: Scott Electric Company Attn: Sarah Moore Title: President Address: 2001 N Port Ave, Corpus Christi, Texas 78401 Fax: 361-884-9612 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE . OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Sarah Moore Title: President Date: 12/12/16 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 175 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 1.1 General Reguirements/Background Information The Contractor shall provide Electrical Services for the CEFE Valenzuela and JC Elliott Landfills. 1.2 Scope of work A. Service Requirements: Not all equipment listed is out of service. Calls will be initiated as repairs are needed. Cefe Valenzuela Landfill As Needed: 1. The Contractor will trouble shoot and repair five electrical sump panels (manufacturer Lucas Technologies). 2. The Contractor will trouble shoot and repair three electrical wiring junction boxes connecting electrical panels. 3. The Contractor will connect and disconnect five sump pumps (manufacturer Lucas Technologies). JC Elliott Landfill As Needed: 1. The Contractor will trouble shoot and (manufacturer EPG Inc.). 2. The Contractor will trouble shoot and boxes connecting electrical panels. 3. The Contractor will connect and (manufacturer Lucas Technologies). 4. The Contractor will trouble shoot and leachate tank battery. JC Elliott Landfill As Needed: repair eight electrical sump panels repair five electrical wiring junction disconnect eight sump pumps repair one electrical panel at the 1. The Contractor will trouble shoot and repair one electrical panel. B. Service repair requests are to be accepted from the Contract Administrators: C. Repairs shall include any and all electrical issues that may arise. D. At time of completion the company service technician must report back to the Contract Administrator. E. All parts used for any repair shall be new and unused. F. Contractor shall provide a cost estimate for major repairs, defined as exceeding $1,000.00. All estimates shall include labor, parts, associated to replace, repair requested items utilizing the pricing provided in the Agreement. G. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site and shall provide the following: 1. Site location of the electrical repair 2. A detailed description of the repair 3. List of materials that were replaced 4. Reference the Maximo work order number listing the asset number H. If any electrical issues are deemed non -repairable, the Contractor shall immediately notify the Contract Administrator. I. In the event that work must be done after normal business hours (Monday - Friday) 8 a.m. to 5 p.m., the Contractor's overtime rate will apply. ous 4 .11ii 4:4;! ,t- .it 1 a Ili Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 175 Electrical Services for the CEFE Valenzuela and JC Elliott Landfills PAGE 1 OF 1 ci% 1" I irr' #.4 1 „ 1852 Date: iliiiiiia_________ Bidder: Scott Electric Co Authorized Signature: .101 .4,_ Alltak k ' Ide. 1. Refer bid. to "Instructions to Bidders" and Contract Terms and Conditions before completing 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of _ restricting competition -with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price LABOR 1 Electrician Normal Hours (M -F HRS 150 65.00 $9,750.00 8:OOam - 5:OOpm) 2 Electrician After Hours (5:01pm - HRS 60 97.50 $5,850.00 7:59am to include holidays) UNIT ALLOWANCE MARK-UP 1 Parts $15,000 20 $18,000.00 Total $33,600 Attachment C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Manager one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Utilities Electrical Maintenance and Inspection - Landfill 09/26/2016 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements The contractor shall provide a 90 day warranty on all labor and materials. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-145403 Date Filed: 12/12/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Scott Electric Company Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 926 Electrical services for CEFE Valenzuela and JC Elliott Landfills 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX NOTARY Sworn to 20 VM, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. � l �' 9 L'o �' •aYN'Z; MARGARET M BARRIOS Notary Public, State of Texas Notary ID #12884509-9 �a ` `• My Commission Expires ;' a -`F :.' January 09, 2020 Signature of authorized agent of contr ting business entity !h_-*. , this the \\. day of Q V\ _ , STAMP / SEAL ABOVE and subscribed before me, by the said Sn..t.QSirN , to certify which, witness my hand and seal of office. r.k ign f officer a istering oath Prin ed na a o> cer administering oath Title of officer administeri ath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of January 31, 2017 Second Reading Ordinance for the City Council Meeting of February 14, 2017 DATE: TO: Margie C. Rose, City Manager December 12, 2016 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Ordinance continuing the curfew ordinance for minors CAPTION: Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. PURPOSE: The purpose of this item is to continue the curfew ordinance for minors. BACKGROUND AND FINDINGS: Section 370.002 of the Local Government Code requires a city, on the third anniversary of its juvenile curfew ordinance and every third year thereafter, to review the ordinance's effects on the community and on problems the ordinance was intended to remedy, to hold public hearings on the need to continue the ordinance, and to determine whether to abolish, continue, or modify the ordinance. Section 370.002 (b) of the Local Government Code provides that failure to act in accordance with Section 370.002 shall cause the ordinance to expire. The curfew ordinance has been continued every 3 years since February 16, 1999, with the last review in February 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends readopting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance Continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42 and 33-43 WHEREAS, the City Council of the City of Corpus Christi has previously adopted ordinances relating to curfews for minors and found at Sections 33-40, 33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; WHEREAS, as provided in Section 370.002 of the Texas Local Government Code, the City Council must review the curfew ordinance every three years to determine whether such ordinance should be abolished, continued or modified; WHEREAS, the subsequent third year anniversary date of adoption of the Juvenile Curfew ordinance is February 16, 2017; WHEREAS, the City Council has held public hearings thereon on January 31, 2017 and on February 14, 2017 and has reviewed the ordinances' effects on the community and on problems the ordinances were intended to remedy, prior to the anniversary date; WHEREAS, Corpus Christi continues to experience juvenile violence, juvenile crime and juvenile gang activity, resulting in juveniles being involved in a range of unacceptable behavior to include vandalism, assaults, public consumption of alcoholic beverages, littering, illegal drug use and burglaries; WHEREAS, persons under 17 years of age are particularly susceptible, by their lack of maturity and experience, to participate in unlawful and potentially harmful activities and to become victims of other perpetrators of crime, and Corpus Christi has no more important resource than its young people; WHEREAS, a lack of parental supervision and guidance contributes to unacceptable levels of juvenile violence, crime and gang activity, and parental responsibility needs to be supported; WHEREAS, attendance at school by minors is vital to the community because it helps prepare children to be responsible citizens, and a curfew during school hours reduces distractions and alternatives which induce non-attendance and activities detrimental to minors and to the community, and compliments laws compelling school attendance and discourages violations of those laws; WHEREAS, it is necessary for the City of Corpus Christi to exercise its authority to protect minors from each other and from other persons, to promote parental control and responsibility for children, to supplement state truancy laws, to protect the general public, and to reduce juvenile criminal and delinquent activities; and WHEREAS, the City Council determines, pursuant to the above findings, that the public health and safety demands continuation of the ordinance establishing a curfew for minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The curfew ordinances found at Sections 33-40, 33-41, 33-42, and 33-43 of the Corpus Christi Code of Ordinance is hereby continued. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Continuing the Juvenile Curfew Ordinance Council Presentation January 31, 2017 Continuing the Juvenile Curfew Ordinance Section 370.002 of the Local Government Code requires a city, on the third anniversary of its juvenile curfew ordinance and every third year thereafter, to review the ordinance's effects on the community and on problems the ordinance was intended to remedy, to hold public hearings on the need to continue the ordinance, and to determine whether to abolish, continue, or modify the ordinance. Continuing the Juvenile Curfew Ordinance A person commits an offense if he/she: (1) Is a minor; and (2) Appears in a public place between the hours of 11:00 p.m. and 6:00 a.m., or on a Monday, Tuesday, Wednesday, Thursday, or Friday between the hours of 9:00 a.m. and 4:00 p.m. Continuing the Juvenile Curfew Ordinance • The City of Corpus Christi has had a nighttime curfew ordinance since the 1950's 11pm — 6am The Ordinance was amended in 1994 and 1995 to include daytime curfew 9am — 4pm 4 3500 - 3000 2500 2000 Juvenile Curfew Violations* as compared to Juvenile Arrests** AttachmentA *Curfew violation citation data from Municipal Court "Arrest Data from UCR Arrest report - does not include runaways or citations, The dip in 2016 may be due to not all arrests being entered into the system as of 01.13.2017 # curfew violations* f# juvenile arrests** 0) 1500 • 1000 500 0 CO (0 (0 0) 0) 0) 07 O O N (0 0) G) 0) O rt_ co r -- CO O N 10 00 .`0) D N ▪ LC) 0 s CO p CO O 10 (0 0) O C' -83 1997 190c 141 _; 20(80 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 5 900 800 700 600 d E 500 400 300 200 100 0 Juvenile Arrests* Attachment B 1990 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 6 *Arrest data from UCR arrest report - Part One Crimes only The dip in 2016 may be due to not all arrests being entered into the system as of 01.13.2017 772 Crimes Against Persons - Homicide, Rape, Robbery, Aggravated Assault — —U—Crimes Against Property - Burglary, Larceny/Theft, Auto Theft .5 481 446 45b 45b 422 417 04 382 386 391 5 •70 276 223 225 228 206 183 1•` 135 144 126 85 75 61 37 46 33 22 27 33 42 57 45 52 56 53 49 42 43 1990 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 6 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 31, 2017 Second Reading for the City Council Meeting of February 14, 2017 DATE: January 5, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 4222 Airline Road CAPTION: Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District. The property is described as A 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow development of 120 lots into single family residential homes between 2,200 and 2,500 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural to the "RS -6" Single Family Residential District. Vote Results For: 6 Against: 2 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District for the development of 120 lots into single family residential homes between 2,200 and 2,500 square feet. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as mixed use. It is Staff's opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The potential for the property to be utilized at a higher density to serve the extension of Del Mar College. However, the amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS -6" Single Family Residential District is inconsistent with the adopted Future Land Use Map, but is supported by several goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16; from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of AEL Development LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 14, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District, and on Tuesday, January 31, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by AEL Development ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road (the "Property"), from "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District (Zoning Map No. 042030), as shown in Exhibit "A". Exhibit A, which is a map, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1216-01 AEL Development\Council Documents\Ordinance_1216-01 Ael Development.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1216-01 AEL Development\Council Documents\Ordinance_1216-01 Ael Development.docx Page 3 of 3 YIN City of Corpus r Christi CASE: 1216-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:3,600 LOCATION MAP Aerial Overview konrczCriB, ©is :i•'li'bC aC%ul vis ° CARAhtvloC"i, Gil Uri: -is. Aerial Map PLANNING COMMISSION FINAL REPORT Case No.: 1216-01 Infor No. 16ZN1002 Planning Commission Hearing Date: December 14, 2016 Applicant & Legal Description Applicant/Representative: Rick Mostaghasi Owner: AEL Development LLC Location: 4222 Airline Road Legal Description: A 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Zoning Request From: "RE" Residential Estate District and "FR" Farm Rural District To: "RS -6" Single Family Residential District Area: 24.645 acres Purpose of Request: To develop 120 lots into single family residential homes that range between 2,200 to 2,500 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate District "FR" Farm Rural District Vacant Drainage Corridor Mixed Use Permanent Open Space North "RS -6" Single Family Residential District Park Low Density Residential Permanent Open Space Medium Density Single Family Residential South "RS -6" Single Family Residential District "RS -4.5" Single Family Residential District Park Low Density Residential Permanent Open Space Medium Density Single Family Residential Mixed Use East "FR" Farm Rural District Vacant Drainage Corridor Medium Density Single Family Residential West "CG -2" General Commercial District Vacant Mixed Use Staff Report Page 2 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for permanent open space and mixed uses. The proposed rezoning to the "RS -6" Single Family Residential District is not consistent with the adopted Plan CC Future Land Use map. Map No.: 042030 Zoning Violations None Transportation Transportation and Circulation: The subject property has approximately 600 feet of street frontage along Yorktown Boulevard, which is an "A3" Primary Arterial street. The maximum average daily trips for an "A3" is 30,000 to 48,000. The subject property also has approximately 1,300 feet of street frontage along Airline Road Drive and 130 feet of street frontage to Rodd Field Road, which is "A3" Primary Arterial street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown Boulevard "A3" Primary Arterial Divided Street 80' ROW 40' paved 145' ROW 20' paved Information Unavailable Rodd Field Road "A3" Primary Arterial Divided Street 80' ROW 40' paved 90' ROW 50' paved Information Unavailable Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to "RS -6" Single Family Residential District to develop single family residential homes. Development Plan: The applicant proposes to rezone the subject lot, to the "RS -6" Single Family Residential District. The lot is 24.645 acres. The purpose of the rezoning is to develop 120 lots into single family residential homes between 2,200 and 2,500 square feet. Existing Land Uses & Zoning: To the north the zoning is "RS -6" Single Family Residential District with a low density residential use. South is zoned "RS -6" Single Family Residential District and "RS -4.5" Single Family Residential District with low density residential uses. East of the subject property the zoning is "FR" Farm Rural District with a vacant use. The lot to the west is zoned "CG -2" General Commercial District and is also vacant. There is a current land use of a drainage corridor that runs along the north of the property. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside ADP. The proposed rezoning to the "RS -6" Single Family Residential District is inconsistent with Plan CC and the Future Land Use Map which identifies the area as Mixed Use. Additionally, the following are pertinent elements of Plan CC and the Southside ADP that should be considered: • Quality housing meets the diverse needs of households at all income levels and all stages of the lifecycle. Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types — rental and ownership, market -rate and assisted — to meet community needs. (Plan CC, Goal 2, page 12) • Encourage orderly growth of new residential, commercial and industrial areas. (Plan CC, Goal 1, Strategy 4, page 50.) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Plan CC, Goal 1, Strategy 5, page 50.) Department Comments: • The proposed rezoning is of similar use to the properties to the north and south of the subject property. • The potential for the property could be utilized at a higher density to serve the proposed extension of Del Mar College to the west of the property. • The proposed use is consistent with the deed restriction for residential use only, created in 2002. Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to "RS -6" Single Family Residential District. Vote Results: For: 6 Opposed: 2 Absent: 1 Notification Number of Notices Mailed — 37 within 200' notification area; 4 outside notification area As of January 5, 2017: In Favor In Opposition For 0.00% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-02 Lu Keiu Thi (Gardendale #2)\PC Documents\1116-02 PC Report Lu Keiu Thi.docx RS=6CG-2' 10 Date Created: 12/6/2016 Prepared By: IvetteM Department of Development Services CASE: 1216-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition Cayo Del Oso 04���/\GAN q R `2- �gHiFFFgN SUBJECT PROPERTY LOCATION MAP oso oRFF/r 101 City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION 0 to 4f c.' v Case No.: Map No.: PC Hearing Date. Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. " A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant Ike- —�L—t...0 Mailing Address City: C c- ch tr15 1 l E-mail: Contact Person :: ( c(t_. IM State, 7 $L(i 3 Phone: (&1 t—j 7 (p 5-72t�r Property Owner(s). 2 t him OCZCa t 1 \QMkG4\ Azar 1Contact Person :. Mailing Address: 42,33yP."--31 p�b dZ� � u _ City. --� Chir' Tl State—a. . ZIP. (I3 Phone (3U 1 )1(55 -----?7--‘0 ''`` C__ell:Afrriet iwwtt tt'r! O►L !! i cL 11/1; E-mail. _ Cell (3ICL) 7CQ7-7Z#r 3. Subject Property Address. Area of Request (SF/acres) 7....g• °ice(+-] Current Zoning & Use: E Ql, (k.a . Proposed Zoning & Use R -S rrLO tNt, q C i 12 -Digit Nueces County Tax ID 2176 - 00 Z a''� Subdivision Name (\Qk Block nq Lot(s) Legal Description if not platted 7-8 • q t ACS' (T (_- 1S '8 IG Sec 2-cr- 4. Submittal Requirements° ❑ Early Assistance Meeting. Date Held with City Staff ❑ Land Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE. ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning s or on behalf of the Property Owner(s); and the in armation provided is a.- rate. Owner or Agent's SignatNE.a 1��..CL Owner or Agent's Printed Name is Signature Ap Iicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee No. Signs Required ' @ $10/sign + Sign Fee = Total Fee Sign Posting Date: K.IDEVELOPMENT5VCSISHAREi75LAND DEVELOPMENT APPLICATION FORM55REZONINGIZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 0 -P ---41‘t T?1,0 T t YLRAWP- 4A. c4-1- 2. Identify the existing land uses adjoining the area of request - North - South - East - West - CiUSERSITANYAR.ODOIDESKTOPIDAILY USEtANNIKAA.AND USE STATEMENT FOR ZONING. DOC APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: ‘.0 LC-- 41D Mailing Address: City: Home Phone: I Wit wli • 7-) State: 54siness Phone: ( Zip: 1124Z Cell:l /( ) I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointor nt on behalf of e entity, and every reference herein to "I", "my", or "me" is a reference to the entity hh *Signature of Agent: • ] • s Title: -# ' Printed/Typed Name of Agent: *Signature of Property Owner: ib^4urA., Printed Typed Name of Property Ow ner: Date:3 Z 1$. Title: ' \ t 1.d Q# Date: `till`. , *Signature of Property Owner: e Ck.k& Title: Printed/Typed Name of Property Owner: 1. *Signature of Property Owner: 1 y t2 -all Printed/Typed Name of Property Owner Pre -tri! L 84-7 Date: i rectiC Title: jf (tett• 201 t - *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D. W. mown APPOINTMENT OF AGENT? 19-119 d-. PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctcxas.com Legal Description (Subdivision, Lot, Block): 4« L 1 `e'i A [' Kip SeC,25 Applicant Name: \> '� Address: C* C% % )) ►b`k-2.7 CitylState'Zip: C c 1 p 4t. g Telephone: 1(f;-1Z`{[_—Email: Application Status (Select One): ❑ Rezoning ❑ Site Plan❑Street Closure Existing Land Use Traci Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips �Q pry z --Lo A- J . and'F-re.. F ‘hc Tolal Total Proposed Land Use Tract Acres Unit of Measure Zoning Land Use ` I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips �Q pry /] Tolal Total Abutting Streets Street Name Access Proposed To Street? Pavement V. idth (FT) ROW Width (FT) For City Use On!) A Traffic Impact Analysis I5 required The consultant prepanng the TIA must meet with the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not jl exceed the established threshold. E The Traffic Impact Analysis has been waived for the following reason()- Revie++ed By: Date Note- This completed and reviewed form must accoinpan} any subsequent application for the IDLNTICAL project C11 \NGf S bthe proposed project uiil require a nem TIA determination to be made. MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.LS. www.bass-wclsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 TRACT 1 RE to RS -6 Zoning STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com November 2, 2016 12040-M&B-Tract 1.doc Description of a 1.994 acre tract of land, more or less, for RS -6 zoning, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41- 43, Map Records, Nueces County, Texas, and being a portion of a 28.9767 acre tract of land described by deed recorded at Document No. 2012015834, Official Records of said county, said 1.994 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Airline Road for the northernmost west corner of the tract herein described which bears S02°26'06"W 635.86' from the point of intersection of said east right-of- way line of Airline Road and the southwest boundary line of a 135.00' wide drainage right-of-way described by deed recorded at Volume 2005, Page 880, Deed Records of said county; THENCE S87°02'53"E 156.44' to a point for interior southwesterly corner of the tract herein described; THENCE NO2°57'07"E 250.56' to a point for north central corner of the tract herein described; THENCE S87°02'53"E 295.84' to a point for the northeast corner of the tract herein described; THENCE S02°57'07"W 278.68' to a point for the southeast corner of the tract herein described; THENCE N87°02'53"W 452.03' to a point in said east right-of-way line of Airline road for the southwest corner of the tract herein described; THENCE NO2°26'06"E 28.11' along said east right-of-way line of Airline Road to the POINT OF BEGINNING, a sketch showing said 1.994 acre Tract 1 being attached hereto as Exhibit "C". NMW: sab ixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E.,RP.LS. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 TRACT FR to RS -6 Zoning STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com November 3, 2016 12040-M&B-Tract 2.doc Description of a 22.651 acre tract of land, more or less, for RS -6 Zoning, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, Map Records, Nueces County, Texas and being a portion of a 28.9767 acre tract of land described by deed recorded at Document No. 2012015834, Official Records of said county, said 22.651 acre tract of land as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast boundary line of said Lot 15 and the southwest right-of-way line of a 135' wide drainage right-of-way described by deed recorded at Volume 2005, Page 880, Deed Records of said county, said beginning point for the easternmost corner of the tract herein described; said beginning point bears S29°00'00"W 130.43' from the common easternmost corner of said Lot 15 and northernmost corner of Lot 14, said Section 25, Flour Bluff and Encinal Farm and Garden Tracts; THENCE S29°00'00"W 1149.57' to a point in the northeast right-of-way line of Yorktown Boulevard for the southernmost corner of the tract herein described; THENCE N61°00'00"W 646.46' along said northeast right-of-way line of Yorktown Boulevard, being along a line 40.00' northeast of and parallel to the southwest boundary line of said Lot 15, to the point of intersection of said northeast right-of-way line of Yorktown Boulevard and the east right-of-way line of Airline Road, a 60' road right-of-way, for the westernmost south corner or southwest corner of the tract herein described, said southwest boundary line of Lot 15 being the center line of a public road along the half -section line of said Section 25; THENCE along said east right-of-way line of Airline Road NO2°26'06"E 621.29' to a point for west central corner of the tract herein described; THENCE to interior northwesterly or central corners of the tract herein described as follows: S87°02'53"E 452.03'; NO2°57'07"E 278.68'; N87°02'53"W 295.84', and; S02°57'07"W 250.56'; THENCE N87°02'53"W 156.44' to a point in said east right-of-way line of Airline Road for west central comer of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 22.651 Acre Tract 2, November 3, 2016, Continued; THENCE NO2°26'06"E 635.86' along said east right-of-way Iine of Airline Road to a point for the northernmost corner or northwest corner of the tract herein described at the point of intersection of said east right-of-way line of Airline Road and the southwest right-of-way line of said 135' wide drainage right-of-way; THENCE along said southwest right-of-way line of 135' wide drainage right-of-way S61°00'00"E 1221.25' to the POINT OF BEGINNING, a sketch showing said 22.651 acre Tract 2 being attached hereto as Exhibit "C". NMW: sab f ixon M. Welsh, R.P.LS. EXHIBIT "B" Page 2 of 2 30' w to , o— co Op OV C Z cV 43 6 S8702'531 2.03' 1, RE TO / z'o3' RS -6 ZONING SECT 25. FO & FE & GT DISTRICT, 1.994 AC. rtg w z M m U ��O N CO s A a q B & FE & GT LOT 14 EXHIBIT 'C' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑NS 1' = 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB N0. 12040, SCALE 1' - 200' PLOT SCALE SAME, PLOT DATE 11/3/16, SHEET 1 OF 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". STREET: S 4 t ( CITY: (C ZIP: Lf V FIRM is:orporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS if additional space is necessary please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N -A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NJ* Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N) 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 iwthe City of Corpus Christi, Texas as changes occur. Y.(3.1\C•4_04-- �},�Certifying Person ll"� TA�'r'L� Title:A l eI,4± * (Print Name) Signature of Certifying Person: Date: eco 131(2 tio r; ',:;F VELOPMENTSVCSISHARED%LAND DEVELOPMENTIAPPLICATION FORMSIREZONINGUDISCLOSURE OF INTERESTS STATEMENT 5 12 2015.DOC To whom it may concern: The City of Corpus Christi On behalf of AEL Development, we plan of developing the land on Yorktown Blvd. and building new homes. Thank you Hamed R Mostaghasi Rick's Homes LLC November 7, 2016 401 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaraacidades. que tienen la intencion rle asistir a esta junta y que reouieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado favor de !lamer al departamento de servicios de desarrollo al numeroj3611 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1216-01 Ael Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District_ The property to be rezoned is described as: A 1.994 acre tract of land of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tract and a 22.651 acre tract of land of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 14, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: f L1312. (3& Address: SLvi o eti- Sf . (i4 IN FAVOR ( ) IN OPPOSITION City/State: d .: t •4s'L, Phone: I -11J" 7'4 REASON: 11- Sofine - kaS (-o sere. CuQss SIA -1-e., C/- Gt eptAirizetkiii, L°cAga.L. nAn. d SEE MAP ON REVERSE SIDE Property Owner ID: 29 J�. Infor No 16ZN1002 J Signature �Fiw�-lc. Case No. 1216-01 Project Manager: Laura Sheldon City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 R -S = 6 US POSTAGE>)P.Scc. 29 301300040110 HALBROOK ROBERT S AND SHE 7302 SYDNEY STREET CORPUS CHRISTI, TX 78412 ZIP 78412 $ 000.46 02 4rr 0000340617 DEC 02 2016 CG -2 RS -T 0 CASE: 1216-01 SUBJECT PROPERTY WITH ZONING Subject ILdII Property RM -1 mundanely 1 RM -2 Multifamily RM -3 Multifamily OM Profetemnal 011I44 114 -AT Mundanely At • NHphberRaed Ceremonial CH -2 Nelohnerlwed Commercial CR•1 Rewe Commercial CR -2 Resort COmmeICLLl CG -1 General Commercial CO.2 General Commercial CI Inhnelvs Commercial CRO Downtown Commercial CRA R.wrt Commercial FR Farm Rural H Historic Overlay EP Business Pett L Light Industrial IH Hoary Iodmntrl.l PUG Planned Unn Dev. Gveeay O 5.10 ainol.FamHy 10 RS4 67n0NFamMy 4 RS -4 .0 5MeleFamlly 1.0 O 5 -TV Um -Family 115-05 SlmeleFamfy IS R0 Re.ldennal E+a4 R5-114 Tovmhause ap Special Permit RV RscreaoonaP Vehicle Part RMH Manulaclund Mom. Map Scale. 1.3,600 { O;.te a a : r.: ago Prepared GF: *well Department ol0evelapmera Sondem SUe.recT ro4'a,a PROPERTY C LOCATION MAPI Cft,„ City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 31, 2017 Second Reading for the City Council Meeting of February 14, 2017 DATE: January 5, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 5333 and 5337 South Staples Street CAPTION: Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. PURPOSE: The purpose of this item is to rezone the property to allow redevelopment on the corner of a small retail center, standalone restaurant, or a bar. RECOMMENDATION: Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Vote Results For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN - 1" Neighborhood Commercial District to the "CG -2" General Commercial District to demolish the existing improvements and redevelop a small retail center, single standalone restaurant, or bar. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial use. It is Staffs opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Elaine Hoffman on behalf of Lu Keiu Thi ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 16, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, and on Tuesday, January 31, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Lu Keiu Thi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Gardendale No. 2, Block 4, Lots 20-B and 21; located on the northwest corner of South Staples Street and Curtis Clark Drive (the "Property"), from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 043035), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of 2017. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-02 Lu Keiu Thi (Gardendale #2)\Council Documents\Ordinance_1116- 02 Lu Keiu Thi.docx Page 2 of 2 R * Rrrs S �CN-2 -C 31/ ^" 1 C" G" -2 14S;6 SP%03� 07 m Q CG -2 y CG N N 1,4 -6N a �07-1A "CG -2 /U 400 80Eet ,RS -7 F Date Cre. red/10742016 Prebared By: IvetteM `, Department of D 4/oma Ment etvices CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY LOCATION MAP 11101 City of Corpus Christi \ Aerial Overview ro C@: t 'Lm Pdrk AND‘ r.d UM,le W c13� -� mn Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 1116-02 HTE No. 16-10000039 Planning Commission Hearing Date: November 16, 2016 Applicant & Legal Description Representative: Cliff Atnip Applicant: Elaine Hoffman Owner: Lu Keiu Thi Location: 5333 and 5337 South Staples Street. Legal Description: Gardendale No. 2, Block 4, Lot 20-B and Lot 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 0.8584 acres Purpose of Request: To demolish existing improvements and redevelop the corner. The applicant is considering a small retail center, standalone restaurant, or bar. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial District Commercial Commercial North "CG -2" General Commercial District Commercial Commercial South "CG -2" General Commercial District Commercial Commercial East "CG -2" General Commercial District Commercial Commercial West "RS -6" Single Family Residential District Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Plan CC Future Land Use map and with the Southside ADP. Map No.: 043035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 205 feet of street frontage along South Staples Street, which is an "A2" Secondary Arterial street. The maximum average daily trips for an "A2" is 20,000 to 32,000. The subject property also has approximately 235 feet of street frontage along Curtis Clark Drive, which is a Local Residential street. The maximum average daily trips for a Local Residential street is 500. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Staples Street "A2" Secondary Arterial Divided38,801 Street 100' ROW 54' paved 96' ROW 64' paved Curtis Clark Drive Residential Street 50' ROW 28' paved 60' ROW 35' paved Information Unavailable Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District for redeveloping the property. Development Plan: The applicant proposes to rezone the subject lot, which is a part of Gardendale No. 2, to the "CG -2" General Commercial District. The lot is 0.8584 acres. The purpose of the rezoning is to demolish the existing improvements and redevelop the corner into a retail center, standalone restaurant, or bar. Existing Land Uses & Zoning: To the north, south, and east of the subject property the zoning is "CG -2" General Commercial with commercial uses. The lot to the west is zoned "R-6" Single Family Residential and is vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside ADP. The proposed rezoning to the "CG -2" General Commercial District is consistent with Plan CC and the Future Land Use Map which identifies the area as Commercial. Additionally, the following are pertinent elements of Plan CC and the Southside ADP that should be considered: • Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. (Plan CC, Principles, page 14) • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. (Plan CC, Goal 3, Strategy 4, page 51.) Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise sensitive land uses. Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Plan CC, Goal 3, Strategy 5, page 51.) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. (Southside Area Development Plan, Policy Statement B.6) • Preserve and protect the residential nature of the Gardendale Neighborhood from Curtis Clark south to Cain Drive and from Everhart east to Staples. A) Prevent the development of non-residential uses into the interior of the neighborhood; and B) Limit intrusion of new commercial or expansion of existing commercial development along the western and eastern edges of the neighborhood parallel to Everhart and Staples Streets (Southside Development Plan, Policy Statement B.10) • Limited commercial expansion will be allowed along the west and east sides behind the Staples Street and Everhart Road commercial corridors. Sensitivity to the remaining residential neighborhood will likely be achieved by limiting expansion of commercial development to the following conditions A) Total depth of commercial development between the street row line (Staples or Everhart Road) and the neighborhood shall generally not exceed 300'; B) Require replatting to combine lots in order to access Staples Street or Everhart Road; C) A standard screening fence and tree planting buffer will be required between the commercial properties and the remaining residential neighborhood. This buffer will be consistent with the requirements in the "B -1A" Neighborhood Business Zoning district; and D) Implementation of this policy should be on a case by case basis through special permit and replatting process. (Southside Area Development Plan, Policy Statement B.11) Department Comments: • The proposed rezoning does not encroach past the established line of existing "CG - 2" General Commercial District. • The rezoning to "CG -2" General Commercial District would be consistent with existing uses fronting Staples Street. • The Unified Development Code contains provisions that would protect neighboring residential property through the use of setbacks, screening, and cutoff lights. Staff Report Page 4 Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District. Vote Results: For: 6 Opposed: 0 Absent: 3 V Fa a Notification Number of Notices Mailed As of January 5, 2017: In Favor In Opposition For 0.00% in opposition. — 16 within 200' notification area; 4 outside notification area — 0 (inside notification area); 1 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-02 Lu Keiu Thi (Gardendale #2)\PC Documents\1116-02 PC Report Lu Keiu Thi.docx R * Rrrs S �CN-2 -C 31/ ^" 1 C" G" -2 14S;6 SP%03� 07 m Q CG -2 y CG N N 1,4 -6N a �07-1A "CG -2 /U 400 80Eet ,RS -7 F Date Cre. red/10742016 Prebared By: IvetteM `, Department of D 4/oma Ment etvices CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY LOCATION MAP 11101 City of Corpus Christi \ l6-10000029 N.DEVELOPMENTSVCSISHAREDILAND OEVELOPMENTIAPPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC orm I evi REZONING APPLICATION o pus c�;. ° �' `m Tri.52 _ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street Office Use Only S-- Case No.: No.: ��D� PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 P.M. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant L Aj.r UO nlAt4 Contact Person : 64.11,4E 1i9Fh1,J Mailing Address: Ceo.67-- E4171— LJ City: a •iii.. 't-ITZ Lt/ State772 ZIP:WI/Or-Phone: ( s2/ ) eci " t i0(90 E-mail: C )76C°I • Cell: nr 2. Property Owner(s): F (f I"1 1` -(_EI-( Contact Person : Mailing Address: S---32 `l `7 %� 6 p is �,y 1 City: ei O� F7(.L e. 141Z4SL 1 State:�x ZIP: n `'1,1 I Phone. ( 1 r� ���J E-mail: /4/ Cell: ( 3Coff) I & - �t5a 3. Subject Property Address: -6 _ 3 . G A.pL I S Area of Request (SF/acres):.-(1 . iO S F `) Current Zoning & Use: (.• 1.1 - ( Proposed Zoning & Use: 66- -j. 12 -Digit Nueces County Tax ID. 02 2 . 2S, _ OQt'�� - d -LQ gp.--p c - 1 t) -0004 02 00 �� Subdivision Name: lr FlZ17c.tbAL1r, -4t4ra a Block: 14 Lot(s): Legal Description if not platted: 4. Submittal Requirements: Date Held . with City Staff • Early Assistance Meeting: ❑ Land Use Statement IF APPLICABLE: • Disclosure of Interest 1 Copy of Warranty Deed is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization landowner is not signing this form • Peak Hour Trip Form (if request ❑ Metes & Bounds Description ■ Appointment of Agent Form if I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning s or all of the Property Owner(s): and the information provided is accurate. QCQ t' `/ f2-1....„ ',7 Owner or nt s Signature Applicant's igna ure ( ei) Lu t- i Jr: La a) e 11- • friCin Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 10-5-11 ty Received By: ADP: g 3 Rezoning Fee 1 tit) 1- SD + PUD Fee F5r + Sign Fee 4 .730 = Total Fee 1 r a7. 50 No. Signs Requiredi301sign Sign Posting Date: N.DEVELOPMENTSVCSISHAREDILAND OEVELOPMENTIAPPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC orm I evi LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. t L! CFl A-177 [-1 /is v_ RC. I-1 ASF 6,0Arrene.7-- OM 1` - OM W e- SITE _` i` tit. b Ili vvvoLLat `HEl &(4 Imazo IFrni�� O 1f\JESE . Oar OSS T c7/ LooRii A zu_ Z A, L A L 0i4 2. Identify the existing land uses adjoining the area of request: North - f Uhl{ South - �s . East - /- < West - [ ',,< i -dVi - C YUSERSITANYAR oOo DESKTORDAILY USEIANNIKA1LAND USE STATEMENT FOR ZONING DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. f #� Name of Agent: { LLL Mailing Address: /O2 City: orpu eip1 TI State: / Zip: LL Home Phone: t26/1 )9c±2_--',2.2(pusiness Phone: fazj_e 9Cell: as,L ) 1 acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that 1 have the legal authority to a is bindin ppointment on behalf of the entity, and every reference herein to "I", "my", or "me" 4p ref• r nce to th e ity.� *Signature of Agent: Printed/Typed Name of Agent: t'.i f r 4Th, *Signature of Property Owner: Title:kg/= S i i4 Date: I -oZ D.— (G. - r/61ewrto-- Title: Printed/Typed Name of Property Owner: L -i E f ( �_ Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W tirov.n APPOINTMENT OF AGENT2 19 9 doc 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: IQ ({fi STREET: 7f 12 Ii Z tI (kitT CITY: e�1 I ;?L S rZIP( ZIP: f-7--#1411 FIRM is: Corporation °Partnership °Sole Owner ()Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name / Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 1 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant 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. s— Certifying Person: C.� i_irf r r , [ Title A q Si nature of Certifying Person: 7' 1� � Date: 1 `'`~ I 9 fy g a (Print Name) K.4DEVELOPMENTSVCSISHAREI7LLAND OEVELOPMENTIAPPL CA ON FORMSIREZONINGIOISCLOSURE OF INTERESTS STATEME1_5.12,21775,DOC 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: f 6c1/647E. 1`167 (- iVL STREET: S ; cnR Li CITY: C,pgP(..L< C. t5T( ZIP: 7E Li 19 FIRM is:°Corporation °PartnershipSole Owner °Association °Other ISCLOSURE QUESTIONS If additional space is necessary please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name k Title 1 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 rl 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 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: Eicitrl (Print Name) ij V cry-, Title: Signature of Certifying Person: ./ ... /� b. AIL Ari/ft Date: 0 f./l ICIPEVELOPMENTSVCSISHAREOILANO 7EVELOPMENTAP{>LICATIONFORMS1REZONINGICI' � RE OF INTERESTS STATEMENT 5.12.2015. DOC 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: STREET ,c3:2•1:3 47 -IA PL. i72 CITY: FIRM is:°Corporation OPartnershipCo Sole Owner Association DISCLOSURE QUESTIONS Other ZIP: 11 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 370 or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the narrits 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 r`'�' Title 3. State the name of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°0 or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names f 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 31/4 or more of the ownership in the above named "firm". Name Consultant 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* Title: (Print Name) Signature of Certifying Person:Date: K;IDEVELOPMENTSVCSSSHAREOILANO DEVELOPMENT1APPLICATION FORMSIREZONING1DISCLOSURE OF INTERESTS STATEMENT_512.2015.DOC raw • he an oto lotion swap �.w r 141Z.17 1.'.Ta'•r w AZI i 4 foe 111y 6,16 4_—, th ebe.We rwa4.e. • aged -114414. ▪ vvthieW414on ler me.Yre. Mad ✓ Pa Qv . 70 — — 4f Po deb r Mar MOM J4I41' d N! Old • M r • 4rtli Rei Mod Ane LOCATOR NAP N.T.. MOM ► Ste SOW. 31apr. !heel lCrrlicalliNedlaw�r naeolod pp 1•) >nL (tiwYr onio 04 Nei 1, Yet Nom* at Mem b. • r. .1 N! lab ISO Card* Toon 1) teem Aeon et No a...7 ab' be eat r ode ler 1444 A)Deem rNre!bft4.1 wear at ea fli▪ sment 4) TAYeee.� vle two I Ms .rede AWT 1; 700/. psSid iS- TN Wren 1bNi xetl.la • 1MP0eR 1111 M YeeIM.4R Ire mods m mh OtlivvAWed ~be Ito reeky amble Moe in 0.1404 +weed .Npr r rabyr mid •bed be b w ibe 'memo °Aa �mi ` meanly is w moon Mesa r Pemex it lrrlbevere Teel, palled by er Tee !M� r n eaeble belv ee /r r Wee? k lel o.re : LOW 1Ro l.wye e.Nell OlNmee � �eeen .rnvle Weal bed lomatr • .Me A fOVQ Mi.L reeWele r N4btletl mM e*er a Seib .1 Iyer Ile e78• olap Me edM r ague War tab I rneat IMMINVION4 noble*. 1 we ®nob N N meth my dela 1 RRVJYI OATR DEAAPIIOI APPROVED AMuR®A N ENGINEERING BOUNDARY SURVEY OF A e•w 111.11414. bole ofY • Onlondola Ne 7. a map r title N nasi In Velma OGt Pep 1. 4. beer r Nes CO.* Ta DRAM WA _Efs—VCAUOJaLDE.X0 NEIME M aro. 9M_0Alli R esru Traffic Count Map - Close Up 5333 S Staples St, Corpus Christi, Texas, 78411 Rings: 1, 3, 5 mile radii Prepared by E Latitude 27.704 LangiiuczP -97.372 Source. 02016 Kallbrate Technologies Average Daily Traffic Volume Up to 6,000 vehicles per day X6,001- 15,000 £ 15,001- 30,000 £30,001 • 50,000 £50,001 - 100,000 £More than 100,000 per day July 01, 201 THE STATE OF TEXAS COUNTY OF NUECES DOC# 890118 PECIAL WARRANTY DEED § § HBIN-HUI LU ("Grantor"), for valuable consideration paid to Grantor by KZEU-THY LU ("Grantee"), whose address is P. O. Box 1315, Aransas Pass, Texas 78335, the receipt and sufficiency of such consideration being acknowledged, GRANTS, SELLS and CONVEYS, to Grantee an undivided one-half (1/2) of Grantor's rights, titles and interests in and to Lot 208 and part of Lot 21, Block 4, Gardendale No. 2, a subdivision of the City of Corpus Christi, Nueces County, Texas, as described on the attached Exhibit A, to which reference is here made for all purposes, together with all and singular the rights and appurtenances pertaining thereto including any right, title and interest of Grantor in and to (i) adjacent streets, alleys or rights-of-way, and (ii) the permanent improvements and fixtures located thereon (the "Property"); TO HAVE AND TO HOLD such undivided one-half (1/2) interest in the Property, together with all and singular the rights and appurtenances thereto in any manner belonging, unto Grantee and Grantee's heirs, legal representatives and assigns, forever; and Grantor binds Grantor and Grantor's heirs to WARRANT AND FOREVER DEFEND such undivided one-half (1/2) interest in the Property unto Grantee and Grantee's heirs, legal representative, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor only, and not otherwise. Dated: January 5 , 1994. GRANTOR: 8 N-HIU LU Page 1 of 2 I n n iIonn r In nr T Til 1 f r --T [Afuil 1 1111 1 INN IRA 1 ammtl la I. I MGM Wel THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before tae on January 1994, by Hain-Hiu Lu. c:l101ijerdoclhiulu.rn d (Type or Print Name) My Commission Expires Page 2 of 2 �t 1111: to glm T ten. 1 11 1 1 1 1 HMI 11 1111 1 EXHIBIT A TRACT L: Lot Twenty B (209). Block Four (4), OARDENDALE N0. 2., a Subdivision of the City of Corpus Christi, Texas, es shown by the map or plat thereof recorded in Volume s0, Pags 1, Map Records of Nueces County. Texas. to which reference is hers made for all pertinent purposes. TRACT II: Being a tract of land remaining out of Lot 21, Block 4, Gardeedale No. 2. Lot Twenty-one (21). Block Four (4), GARAENDALE NO. 2. a Subdivision of the City of Corpus Christi, Texas, as shown by the nap or plat thereof recorded in is made for all pertinent purposes and being more particularly described by metes and bounds as follows, to -wit: Beginnning at the most westerly corner of said Lot 21, Block 4. for the most westerly corner of this tract and the Point of Beginning, also being the most southerly corner of Lot 22, Block 4, said Gardsndale No. 2; THENCE N 28 degrees 59' 20" E. along the cowman line between Lot 21 and Lot 22, said Block 4, a distance of 100.00 feet to the moat northerly corner of said Lot 21. Block 4. for the most northerly corner of this tract; • THENCE S 81 degrees 00' 40" E a distance of 224.41 .feet to a point in the present westerly boundary line of the right-of-way of Staples Street. as wideneds_ [ ,thsg1o0.t 40arely p?rner of this tract. also being the moat northerhloeorner of't ierdght-ef-wiy.deseribed in deed at record in Volume 1432, PaEri;0!E8`,.0,iks$*d• ttecocde of tNueces County. Texas; THENCE S 29 degrees 00' 00" W. along the westerly boundary line of the • right-of-way of said Staples Street, as widened, a distance of 90.00 feet to a paint, the Point of Curvature of a curve to the right whose radius Is 10.o feat. whose central angle is 89 degrees 59' 20", and whose tangent is 10.0 fast, for a southerly corner of this tract; THENCE. in a southwesterly dlrset&on..alonE said curve. a distance..of 15.71 feet to a point in the northerly boundary line of the right-of-way of Curtis Clark Drive and is the southerly boundary line of said Lot 21, for a southerly corner of tble tract. also being the Point of Tangency of said curve; THENCE N 61 degrees 00' 40" .W;_ along the northerly boundary line of the right-ot-way of. said Curtin tlixk Drive and along the southerly boundary line of said Lot 21, Block 4, a distance of 214.39 fest to the point of beginning. n, nn rants• RI 111 --ter — • --r- 1 -mum rer r GF# \3 4/6 AMOUNT: PAGE S: SAN JACINTO TITLE COMPANY 11111 171"-- penekaludidM ml_riallehi. NOM or sea lifts. .ed� RIERIL 3/1243. FILED FOR RECORD DOC# 890118 $13 01-03-1994 11:49:44 ERNEST M. B R I ONES NUECES COUNTY VW Of /DAS 1:0141701 NEES So1Pagairo so debrimeur , ��brit eet fttageouati, Teasel JAN 3 1994 r...�—r 1111111 1 mu 1 pit AocI 2006822768 WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE. OR STRIKE ANY OFT1IE FOLLOWING INFORMATION FROM THIS 1pl.S RUMENT BEFORE IT IS FLED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: NJ, 2006 URANTI)R: CHI•PI•N HO ami LB/LI-CHI HO GRAN L•E.: KIL'U 1111 LU OIIAN"IFF.S SIAII.IN(I AOIIRHS4 5010 WocI&Wge, Corpus Christi, Tans 70413 CHNtiII)IIRATii)N Tlx: sum err 5735,000.011 paid m (irnux by VAI.IIF.RANK TP. XAS (herein called the Leede i, as evidenced by a note of even date herewith In such amount, executed by U noire payable to the older of Lender, whkh ante bears interest and is payable as therein provide(, the inviter of which no Is secured by the superior title and a wades lien herein and hereby wady retainer) an the he anoint dcxzfbed Property and herein and hereby openly transferred Slid tosigltad, without recourse, so traider, and 1 £fu Ws 111040300 and wig= and fur Ten Dollars and other variable consideration, the receipt and suficicncy of which is acknowkdgcd. The Gott payable to Leader h additionally soared by S deed of trust of uvea are herewith lo favor of Loader covering the Properly PROPERTY. 'rho following desatbed Load Tram I: Lo( TwmuyB (2011), Uloct tour (41, GAIWf.NUALL NU 2, a Subdivision of the City of Corpus Gino, Nunes County, Texas, u theme by the map ur plat thereof recorded in Valuer 50, Png 1, Map Records of Notes Canty, Texas, so which reference it here made for all per1incnt pmposcs. UMW Being o tact of fond remaining out of Lot 21, Block 4, Oardendalc No. 2, Corpus Midi, Nuecea County. Texas, more partkularly described nn F.ahhbit A attached hereto. fugdhcr with nod indritt' all of the Orntora rigid, 0110 and Intaac (n cud lo Un ri er and appurtenances in nay way belonging or eppunaaaar to said Land, loduding, without Nmitatiolt (1) arty improvements on said Lend; (11) grips ant gores, If any, *Adjacent ur awnllguuua to the Land; (111) any land lying in w mix tlx: bei or any meat, alley, mad, creek or steam reaming through, abutting ur at(jaccat to the Land; (lar) any riparian rights appunma 4 to the (.and relating to surface: or subnuface water:; and (v) easements.. rights of ingress and cares and revash:my (Summa benegfing nr serving the band (the Land and mbar appmmnant 'isles being referred to herein u the RESERVATIONS FROM AND EXCEPTIONS lel CONVFNANCR AND WARRANTY. This conveyance is subject to the following naehenh tu the Nauta drr such toe presently In farce and nd%cl and Kinn the Properly: (1) All easa»entr, rales-ofway and /Wrin(ve noveaantr, if any, of reooN with Om County Clerk of the County la whkh the Property is lacer* (2) Texas sortie anent year. the payment of which Grantee esaumet; (3) MI mineral emu rose shone and conveyances (ineJuditg esslgnsteae or aesenatlom or royalty ingmeats) by (Rentor and by Grsone 's rardeeeners in Title as shown by the records of the Comity Mak of the County in which the Property is located; d; nod the tields of the owner or any radian or the mammal name and the Hens of any knee gar other person claiming as Interest Its oil, gas end other shutemls under oil, gar ted miners! Takes ar other document' as such Is shown by the records of the County Clot of die County in which the Properly Is located. GRANT OF PROPERTY: Grantor,. far rhe Consideration sod subject to the ResetvWooe Front and Fareptians to Com mare and Warranty, GRANTS, SELLS. and CONVEYS CO Grantee the Poverty, fngethar with ell and elugulrr the rights and spptriensnoee thereto le sty way belonSlaa, to have end lo hold ciao Grantee. Grantee's brims, acecuVse. ridosinisinosct, sinews as. mrd emir= ftrevar iiantur birds Grantor and annoy heitr, ornrylrms, rdmiaidralwa, and suezeawra to %mss tt and forever deiind all and singular the Pmparsy to Orontes and Grantee's heirs, mecums, administrators, successors and resigns against may person wtromaoaVe ihwNlly eWmlctg or to eleim the same or ray taut Heriot except MSC the Emanations From end Exceptions to Conveyance end Warranty. Grantor hes eacaded and delirava this decd and has stankd, auk' rid conreyal the above prvparly. and Otatlke has emgeed this deed and baa ptuehleed the property, AS 1S, WHFJIE IS, AND WITH ALL FAULTS. AND WIJ1JOUJ' ANY RL+PRESDN'IATIONS OR WARRANTIES WFIATEOEVFJt, H%PRESS OR 1M1'IJ6D, WRITTEN OH ORAL, 1'1' REIN iHE'MMENTION OF GRANTOR AND GRANTER TO EXPRESSLY NEGATE AND ExCLUn1: ALL REPRESENTATIONS ANI) WARRANTIES AS TO FITNESS OR CONDITION. INCLUDING, BUT NOT LIMITED TO. ALL IMPLY WARRANTICS OF MERCHANTABILITY, CONDITION, HARITAHWLI'JY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AIFIRMATJON OF FACT OR PROMISE OR BY ANY DESCRR'DON OF Tilt PROP)(RTY. ANI) AIJ. (MMIHR WAIUANlIM AND REPRESENT/11 IONS WHA•ISOI VER AS TO FITNESS OR CONDITION, except the weniizy of dile expressly sot fort: been. Tbc vcadora Pica against and =Faux uik to the property arc retained until eadc Imre deicnlic l is fully paid according to its terms, at which time this deed shall become absolute. WbratsIlrcWnksttayuires, gooier mums endpronouns rootkalrIh planet. 60—; _ eAo nu Liu LI CIA Ho STATE OFTEXAS COUNTY OF NIIF)L'I•S 1 1 This usuwrsenl wan acbaowledged berme mc un lb: 2006, by CHI -PEN 110 and LIU LI-CI(f HO Nulty Public, Slate 0f Teras r0466e.4•4641. saAtlr•rwavIA s 11 u e barge & Retum To: an : clnto ' I : &maces Gilt! r+st Tex jr 8411 EXHIBIT A Wag a tract of land raualato4 out of lot Twenty -ogle an, Block Pour (4), GARDENDALT NO. 2, a Sobelleirion el the Qty of Corps Christi, flans County, Teat, u alum by the map caplet thereof recorded a Voltam 6, ts c 39, Map Records of Nevem Camay, Tem, to which retrain le Mere made for all pennant purposes. and bolos more particularly described by melts and bounds as follows, to tr BEGINNING al the romt westerly cooler of sold Lot 21. 4, for the most ly corner of this trod POINT OP BEGINNING, also beingmost southerly qtr a Lot 22,Block w�old GardendahNo.2; and the THENCE, N 2t degrees 59' 29" B, t aoag the common fine betwna Let 21 mad Lot 22, sold Block 4,a distance et 300.00 feet to the most northerly corner (amid Lot 21, Block 4. for Me wont nonhariy corner of this trrel< THENCE, S El degrees 00' 40" 8, a distance 0224,41 feet to a petal to the present westerly boundary Hue of the right of wayf the r g t of ay described escsri� la defor f a ll easterly Volume 1432, Page 126, of tics Deed Bacardi of litmus of Bob tree, abe being the oast aertbarlY corner o[ tLs tight of way d County. Tesu; THENCE, 9 29 degrees 00' 00" W. along the westerly boundary We of the right of way of mid Staple, Street, n widened, m diatom of 90.00 feet to a point, the pilot of curvature of m cum to the right robots radios le I0.0 fest, wham ceotrsl aegk is 99 degrees 5r 20". and whose lingua Is 10.0 feet, for the *motherly comer of this !feet; THENCE, In a soothweelerly direction, shag said carte, a distance of 1571 feat to pobat in the northerly boundary Hoe of the right of waw f Carets Clerk a sod gscutes southerly t bmoadary Ilse of said Lot 11, fora soutMrly corner of tots but, being point THENCE, N 01 dogma DO' 40" W, along the northerly boaadary the alit right of way of uid Curtis Clerk Drive and along the soul hefty boaadery Ilse of said Lot 21, Block 4, a dlstanes of 214.39 feet to the POINT OF BECOMING. Charge & Return To: San Jacinto Title Services 5026 Hotly Road Corp!l: rang'. Tenn 713411 Ph* :'•til d�5-100 4 GF#;:: _� Amts — Pages. STATE OF TENS COUNTY OF NIECES i he* taffy Natbs itnuamtassFILEDhFNtbnbst Sequence on teem end in t me armed !web by mad war soy RECORDED. intotllk0lPttbfsTteuatdsd NueceaCeuty Taaltilrewel COUIf1YCLERK NUECESC t9I1 .TFtM Any madam sera Mtica memo 9a Sele. Rental or use d Ns demoted REAL PRCFERTYbreatms el Raer, Cole, Rapho. Sat Hakim. Emus Subs or Itafoefl btola, te :meed rad utodaemaeee under FEDERAL LAW. y1V99 Thl•e instrument is being re—filed to include Exhibit A. •.. ' WARRANTY DEED WITH VENDOR'S WEN Doc* 2066036933 NOTICE OF CONFIDENTIALITY PORTS: IF YOU ARE A NATURAE. VERSfN'I, YOU MAY REMOVR OR STRIKE MY OF 'THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DATP 4 J, 2006 GRANTOR CHI•PPN HOend Lp1 LI-Ci111I0 CRANfEE- EMU Tilt LU GRANTEE'S MAILING ADDRESS 3010 Wooldridge, Corpus MINI, hew MAD CONSIDERATION The sham DC5535,000 00 paid to Grantor by VALUEDANK TEXAS (herein called the 'Leader"), as evidi nc d by a nabs dawn data berm hh in such amount, executed by Orarnee payabie le the order of Lender, which rune bears Interest and b payable nes there n provided, the payment of which note h axhard by the superior tide and a vendor's lien herein rad hereby expressly retained oe the hereafter described Property and herein end hereby =grotty trwkred mad assigned, without recourse, In Ieeder, sod Leona* successors and oxdgnx anal kr ren Dol[me and other valuable consideration, rbc receipt rod mdlicittwy or whteb p acknowledged The note payable to 1. ender a dddlcne ly secured byedeed orn tofevertdatebrhtwhbhtfavorerLcrdaeevan ahaPropvty PROPP.IITY: The folluwug described Land r, 11 Isrt Iwenty-a (20IS), Block Poor (4), GARDENDhl.F. T10.2. s Subdivifion of the City of Cam Uuiszi, Nuems County, 1 eau, as shown by the nap nr pint thereof recorded is Vel una 50, Page 1, Meg Records of Noon Courcy, NUS, lo which reference Is here node for ell perUncol purposes DOE Udo a rut of land tcuaining out of Lot 21, Block 4, Gudcadde No. 2, Cogan Christi. Nue County, Tunas, tope particularly dcwaibed on Erblbit A emehed hereto. Togaher with and Including di of the Grottoes right, nate rrd Owes( in and to the rights and appurtenances in any way belonging or eppurteoart lo said Land, including. without llmhatian: (I) any Improvements on said Land: (U1 strips and gores, Uany. peke n or contiguous to site Land. (IDS ) any land lying a or under the bed of sty street. alley. road, creek or strew naming Brough, abutting or ofocenl to the dal, (iv) mew ripsaw rights ap unesant lo Ow Lund nelrting to north= or wtbsurfiee wee; sod (v) easemo% rights or ingress and ewe= and reversionary interests hencittiag or nerving the Lind (the Land and usher ',pimento eights being referred to herein et Bre RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE. AND WARRANTY: lhis conveyance is subject In da following makers to the OUCH that ouch are leexedly In force and erfeet and affect the Property (I) MI ca+emaou, rights -o1 way and resWetha corms:is, If any, of reutrd with the County Clerk of tea Cuuoty in which the Properly Ss loadai, (21 Tae for the current year, the mine& of which Grimm spumes, (3) All mina coast reservations and euoveyenees (hocWdag ssstytmnenta or resenpions of myalry Inuet:D) by Gramm and by C amore predecessors in tide as shown by the rcc nils nr the County Clem orate County In whie h she Property is loaned; and due rubra *Me owner Only portion of the mineral wale c sad the rights army lean or odor person thioles an lowest In ell, gas and odder mloerab erodes oil. mu and mineral leases or older documents as such is shown by the records of the County Clerk of the County in which the Pmpeiy i. huadeL GRAM' OI• PROPERTY. Grantor, for dm CosuderatioN mid subject so the Reservsliuns born rad Eon:pslohu to COM -sashed end Warranty, GRANTS. SEI 1.S, and (X)NVEYS to Comae ren Property, together with e11 and simpler thu rights and epparteaances thereto In any way belonging. In have and to hold unto Comm; Qrrmeda beim, cxacurms, adn iniarston, successors, end assigns forever. Grantor bods Grenlor tad Grsewts heir:, manors, administrators, and successors lo warrant and forever defend all and singular the Pmpmy to Quaid! end Grantee's heirs, executors. admlnisttnton, successors told u.dglu against every person whensoever lawfully claiming or to chin the mow or any part thereof: except as in rho Rrravatlons hum lad Exceptions to Conveyance and W.nin4y (Mellor hue named and delivered this dad mod has granted, sold and conveyed the above property, and Grantee hes accepted this deed and hes purchased the properly, AS 1S, WHERE IS, AND KM ALJ. FAULTS. AND WITHOUT ANY R1:PRP.SENFA'IIONS OR WARRANT1 1 WHATSOEVER. EXPRESS OR IMPLIED. WRITTEN 011. OHAL, rr BEING THE INTENT)ON OF ORANTOR ANI) (IRAN(L'E 10 EXPRESSLY NEGATE ANO EXCLUDE ALL REPRESENTATIONS ANI) WARRANl1ES AS ID FITNESS OR cow nom. !NCLUDINU, DDT NOT LIMITED ID. All, IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION. HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARR-414TIES AS TO FITNESS OR CONDITION CREAM) BY ANY AFFIRMATION 1)P PACI OR PROMISE OR BY ANY DESCRIPTION or THE PROPERTY, AND AIJ OIIW.K WARRANTIES AND REPRESENTATIONS WHATSOIWL•R AS TO IT1NL'SS OR CONU(T1ON, except the %mossy of de expressly ad forth herein. The vendor's Gem against end superior Me to the property am mined until etch Mtic dmm'bcd 1. fully paid awxdins to its 1emn, at which time Iib dad shall become absolute. When the context 1vpures, ainsufu ooum and pronouns inhere the plus& Chi -Pan Hu Lit I.i-Chi Hu STATE OF'I EXAS COUNTY OF Nl1FEFS This instrument was acknowledged be(aro no on Ute Mx, by CHI -PEN HO hod IlU 1.L4'H1 HO runwtsta.raa+.nnow ownws.0 r.a - 2 - EXHIBITA Being a tract of lead nmsiaiag out of lel Twenty-one (21), Block Your (4), GARDENDALB NO.2, s SoWdvieles o1 the duy of Corpse Christi, Plumes Gouty, Teras, as slows by the map or plat tkrraof recorded is Whims 8, Page 38, Asp � Records 1,,off Nouse � tes and be4which foferenat .bin made for all pullout purposes, and being more particularly described BEGINNING OF �EG1N tING,wat u being corner mast southerly corner of L 32, Block 4��id Gardenias rue 'Co. sad the THENCE, N 21 degrees 59' 20" 1t, close the common line between Let 21 end Lot 22, aid Bieck 4.8 /Manna of 100.00 feet to the moil northerly cornu auk! Let 21, Block 4, for the most northerly coves of tkk mut; THENCE, S 61 degrees 00' 40" 11, s dfdonee of 224.41 fed to a Foist in the pretest westerly bonsdsry Una of the right of way of Staples Street, . Street, as whined. for Ib. most easterly urne2r ecto, the Deed beintis S oda "f N Mrth� caner of the right of way described In deed of record In Volume 143,Pege 126,Cosaty, Tens: THENCE, $ 29 degrees OW 00" W, slang the westerly boondiry Use of the right of way ofsaid Stapla Street, as widened, s distance of 90.o0 feet to a point, the point of corridor, of a ares to the right oboes radio b ]OA feet, whose central angle Is 09 degrees 59' 20", sad wboss hugest Is 10.0 feet, for the southerly corner of tisk Ind; THENCE, In a southwesterly direction, along said corn, ■ Manes 1115.71 feat to s poktt la Ilse northerly boundary line of Ibe right of wary of Circle Ike a fi d disk' cunt; ly boundary line atloid Lot i1, for a southerly corner of thk tract, THENCE, N 61 degrees 00' 40" W, along the borth.rly booedary Use of Ibe right of way of Said Conk barb Delve sad along the pstberly boundary Dos of sold Lot 21, B1.ek 1, a distance of 211.39 fat to las POINT OP BEGINNING. STATE OF 1EXAS COUNTY OF NUECES I begin ceriff t1od MIs inchoate s0s ' ' Mssbtr Srenets onttsOrs ard6thsIsis ImeilbyIns ard wasasyRE ltOE0.094' ,- Rladsd Suet= Carer. Teras COM CLERK NUM maintain AarVowskttwait rich OM &sated RFJt1 fitkei,tbs. make std barge & Return To: an Jacinto Title Services D25 Molly Road .Oi pt2A Christi, Ter?3 78411 int:_ --------- egos Su. flung a w. Moose offlace.Cola, Hina retbiantOtlyik under FEDERAL LAW, 3112180 rscrow File No 1101502592 EXHIBIT "A" A description of a 0.8562 acre tract of land being Lot Twenty -B (20B), Block Four (4), GARDENDALE NO. 2, a Subdivision of the City of Corpus Christi, Nueces County, County, Texas, as shown by the map or plat thereof recorded in Volume 50, Page 1, Map Records of Nueces County, Texas; and a portion of Lot Twenty-one (21), Block Four (4), GARDENDALE NO. 2, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 8, Page 38, Map Records of Nueces County, Texas, to which reference Is here made for all pertinent purposes, and being more particularly described as follows: BEGINNING at the common northeast corner of Lot 20B and the southeast corner of Lot 19B, Gardendale No. 2, recorded in Volume 50, Page 1, Map Records, Nueces County, Texas, a 518" iron rod found, said point also being on the northwest right-of-way line of South Staples Street, for the POINT OF BEGINNING and the northeast corner of this tract; THENCE, along said right-of-way, 5 29 deg. 00' 00" W, 189.42 feet to a 5/8" iron rod found, said point being the start of a curve tot he right having a central angle of 90 deg. 07' 53" and a radius of 9.27 feet, for the southeast corner of this tract; THENCE, along said curve, 14.58 feet to a 5/B" iron rod found, said point being on the northerly right-of-way line of Curtis Clarke Drive, for a corner of this tract; THENCE, along said right-of-way line, N 61 deg. 07' 21" W, 215.84 feet to a 5/8" iron rod found, said point being on the common southwest corner of Lot 21 and the southeast corner of Lot 22, said Block 4, for the southwest corner of this tract•, THENCE, along the common boundary line of said Lot 21 and Lot 22, N 29 deg. 07' 04" E, 99.90 feet to a 518" iron rod found, said point being the common northwest corner of Lot 21 and the southwest corner of Lot 19B, said Block 4, for the northwest corner of this tract; THENCE, along the common boundary line of said Lot 21 and Lot 19B, S 60 deg. 53' 53" E, 75.05 feet to a 518" iron rod found, said point being the southwest corner of Lot 20B, for a corner of this tract; THENCE, along the common boundary line of said Lot 20B and Lot 19B, N 29 deg. 09' 03" E, 99.94 feet to a 518" iron rod found, said point being the northwest corner of Lot 20B, for a corner of this tract; THENCE, continuing along said common boundary line of Lot 20B and Lot 19B, S 60 deg. 48' 47" E, 149.55 feet to the POINT OF BEGINNING. Containing 0.8562 acres, more or Tess, NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof This Company does not represent that the above described acreage or square footage is true and correct. Charge & Return To: San Jacinto Title Services 5028Hotiy Road Corpin i;"�:s:i, Texas 78411 Ph: 361 -;c3 -'>'J4 GFT:: oto t5`+da Amt: $ Pages C a ATE OF TEXAS COUNTY OF NUECES I hereb cot* tletthis instrument au FILED In Fie Number Sequence co Me dale and lithe lime stamped *an by me, end Y46 duty RECORDED. In the Official PotkcR,eoordsCOWIN %nes County, Tams HUMES CLERK TI Any proVslan heroin whin motto nye Sete, limn a um edColft a. Region. Sm. Handicap,r,Oa" and montane* ado FEDERAL LAW. S Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a esta junta v Clue recuieren servicios especiales, se les suolica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la [unta y su incites es limitado, favor de Ilamar al departamento de serviciov. de desarrollo al numero_4361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1116-02 Lu Keiu Thi has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as: Gardendale No. 2, Block 4, Lot 20-B and Lot 21; located on the northwest corner of South Staples Street and Curtis Clark Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 16, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: . F.. ( t -'1N FAVOR ( ) IN OPPOSITION REASON: e.n SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 16-10000039 Signa ure City/State: dulzA4 T 1< Phone: . 6 I- $ 53- I COG Case No. 1116.02 Project Manager: Laura Sheldon City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Elaine Hoffman 5826 Bear Lane Corpus Christi, TX 78405 C/N -2' DON C O N F i O CO d1 N CG -2D z r •1 O271 a P � z illl1411 111 11 ,6712 CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property 8141 Muddy .Iy 1 R11-2 Ilyhhamlly 2 RMa Multifamily 3 ON Profesiloual OIIIe1 RM -AT Muhlfamty AT CN 1 Neighborhood Commercial CNd Neighborhood Commercut 0R-1 Resort Cemmereal CR -1 CG.1 CG -3 CI COO CR -3 FR IP Resort Commercial General Commercial General Commercial Intensive Commercial DYwrllemm Commercial Remark Commercial Fern Rural 141414•4 Overlay 5a,1,1e1 Part IL Light lntlus4Hol N Heavy 1faa11ra1 Put? Planned if n5 Oay. Oamay 1115 15 $1ngle.Fnmly 10 RS4 Sklghfemly4 Rl-17 Single-Pamtly 45 RS -Ti Toro-F.mly 53-10 SugN•F.mly 11 RE R.111 111 Elate RS.TH Towmheome Sp Spacial Permit RV RecnatlonhI HOW. Pat RMH MInU14Ctured Home Map Scale 12.400 1 ILOCATION MAPI AGENDA MEMORANDUM 1st Reading for the City Council Meeting of January 31, 2017 2nd Reading for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Park Operations StacieT(c�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Playground Equipment and Installation for Bayshore Park CAPTION: Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. PURPOSE: This item is to approve the purchase of playground equipment and installation for Bayshore Park. BACKGROUND AND FINDINGS: The Parks & Recreation and Engineering Departments are currently working with Fulton Coastcon Construction to complete the Bayshore Park Development. The budget for the project was approximately $5.1 million and did not include funds to update the playground at McCaughan Park. During the planning stages of the project, the manufacturer of the current playground equipment approached the department about offering a substantial discount and grant for the project in order to test new products developed and their ability to withstand the harsh environment (constant wind, sand blasting and frequent vandalism) at the park. Originally, the Parks & Recreation Department was going to work to identify money for this portion of the project in the Community Enrichment Fund in order to take advantage of the offer from the vendor. However, in November 2016 the department was notified by the HEB Foundation that it would receive a grant from the HEB Champions Fund to pay for the playground and adjacent exercise equipment in the park. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Park & Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $159,579.10* $0.00 $159,579.10 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item (additional revenue) $144,672.80 $0.00 $144,672.80 BALANCE $14,906.30 $0.00 $14,906.30 Fund(s): Community Enrichment Comments: *Budget reflects $150,000 donation by HEB Tournament of Champions Grant being authorized by this action. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Ordinance Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A donation of $150,000 from H -E -B Tournament of Champions Charitable Trust is accepted and appropriated in the No. 4720 Community Enrichment Fund in trust for the purchase and installation of playground equipment for Bayshore Park. SECTION 2. The City Manager or designee is authorized to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80 from the aforementioned donation, such purchase and installation based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 2017 ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION TLGPC CONTRACT 512-16 EXERPLAY, INC CEDAR CREST, NM UNIT PRICE EXTENDED PRICE 1. Smart Play Venti, DB 1 EA $39,090.00 $39,090.00 2. Global Motion, DB only 1 EA $25,650.00 $25,650.00 3. Single Post Swing Frame 8' Beam Height Only 1 EA $1,220.00 $1,220.00 4. Belt Seat w/Chains ProGuard Chains for 8' Beam Height 2 EA $120.00 $240.00 5. Oodle Swing 1 EA $5,125.00 $5,125.00 6. HealthBeat Ab Crunch/Leg Lift Direct Bury 1 EA $1,570.00 $1,570.00 7. HealthBeat Assisted Row/Push-Up Direct Bury 1 EA $1,370.00 $1,370.00 8. HealthBeat Parallel Bars Direct Bury 1 EA $1,375.00 $1,375.00 9. HealthBeat Pull-Up/Dip Direct Bury 1 EA $1,575.00 $1,575.00 10. Post w/1 Top Attachment Direct Bury 1 EA $780.00 $780.00 11. Post w/2 and 0 Attachments Direct Bury 1 EA $780.00 $780.00 12. Post w/3 Attachmnets direct Bury 1 EA $780.00 $780.00 13. Post w/No Attachment Direct Bury 1 EA $780.00 $780.00 14. HealthBeat Blank Sign Set 4 EA $0.00 $0.00 15. Poured -in -Place 5492 sqft 4 1/2" Thickness for Playground Equip Area 1 EA $71,754.00 $71,754.00 16. Poured -in -Place 1980 sqft 3 1/2" Thickness for Fitness Equip Area 1 EA $25,740.00 $25,740.00 17. Supervised Installation of Equipment per day 4 EA $1,200.00 $4,800.00 18. Payment and Performance Bond Fee 1 EA $4,893.00 $4,893.00 19. Freight/Shipping 1 EA $5,706.00 $5,706.00 20. BuyBoard Contract Discount 1 EA $7,604.45 $7,604.45 21. Courtesy Discount 1 EA $40,950.75 $40,950.75 Total Price $144,672.80 Park SERVICE AGREEMENT NO. 1030 Playground Equipment and Installation for Bayshore THIS Playground Equipment and Installation for Bayshore Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Exerplay, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation for Bayshore Park in response to Request for Bid/Proposal No. Vendor Quote MM120716-4 ("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 playground equipment and installation of poured -in-place surfacing ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $144,672.80, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Joshua Wentworth, Park & Recreation Superintendant Park & Recreation Phone: (361) 826-3483 Email: JoshuaW@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 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. 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. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Park & Recreation Superintendant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: Exerplay, Inc. Attn: Sarah Love Title: Contracts Administrator/Accounting Assistant Address: PO Box 1160, Cedar Crest, NM 87008-1160 Fax: (505) 281-0155 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: G har les 3U Title: 3 us,vv, S 4//40eil Date: lit J:;:w, (Di .2Cii i— CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. None Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ExerPlay, Inc, Cedar Crest, NM United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-150616 Date Filed: 01/04/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1030 Playground Equipment and Surfacing q Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 AFFIDAVIT Official Seal VICKI E. WILMARTH Notary Public State of New Mex ic My Commission Expires �0 5 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity Saxtk. Love - 20 1 ' J , to certify which, witness my hand and seal of office, Signature of offi r administering oath this the 11 414. day of Printed name of officer administering oath Tit e of offi er administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.277 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 31, 2017 Second Reading Ordinance for the City Council Meeting of February 14, 2017 DATE: TO: January 17, 2017 Margie C. Rose, City Manager THRU: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Texas Department of Health Services Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant amendment #01 in the amount of $48,345 that includes the requirement of providing a cash match of 20% (=$9,669) of the total grant total for a combined total project cost of $58,014 for the contract period January 1, 2017 through December 31, 2017; and authorizing acceptance of the grant agreement to begin January 1, 2017. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant in the amount of $48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant to the CCNCPHD in the amount of $48,345 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires a grant match of 20% ($9,669) of the grant amount of $48,345. As approved by the Department of State Health Services, the cash match requirement is satisfied by using 20% of the annual salary of the Public Health Nurse in the TB Clinic whose expense is paid for by the County of Nueces General Fund per the City -County Health District Partnership Agreement. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 48,345.00 48,345.00 Encumbered / Expended Amount This item 48,345.00 48,345.00 BALANCE Fund(s): Health Grants Comments: 20% Cash Match required by grant (=$9,669.00) will be satisfied 20% of the annual salary of CCNCPHD (County) Public Health Nurse working in the TB Clinic that is paid by the County of Nueces General Fund. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin January 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-002508-01 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant in the amount of $48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. 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 all documents necessary to accept an amended grant amount of $96,690.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of January 1, 2017, through December 31, 2017, to provide continued tuberculosis prevention and control services. Section 2: That the increased grant amount of $48,345.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3: The amendment includes revisions to Section 7, Statement of Work; Section 7. I -A#2, Provisions of Service; Section 7. I -A#4, Provisions of Service; Section 7. I -B, Use of Funds; Section 7. I -C, Conduct Surveillance; Section 7. I -D, Reporting; Section 7. I -E, Maintain a Competent Workforce; Section 7. I -F, Initiate and Maintain auditing and Quality Assurance Practices; Section 7. III, Billing Instructions; Section 16, Special Provisions; and addition of Section 7. 11, FY17 Performance Measures. Section 4: Further the City Council ratifies acceptance of the grant to begin as of January 1, 2017. A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 DEPARTMENT OF STATE HEALTH SERVICES Amendment # 01 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (City) (Contractor) agree to amend Contract No. 2016-002508-00 (Contract), which was effective on January 1, 2016. This Contract has been not been amended prior to this Amendment. This Amendment will be denominated as Contract No. 2016-002508-01. I.The Parties agree to amend Section II of this Contract to add FORTY-EIGHT THOUSAND THREE HUNDRED FORTY-FIVE DOLLARS (48,345.00) to increase the total amount of the Contract not to exceed NINETY-SIX THOUSAND SIX HUNDRED NINETY DOLLARS ($96,690.00). The total amount allocated to Contractor for the period January 1, 2017 through December 31, 2017, will not exceed FORTY-EIGHT THOUSAND THREE HUNDRED FORTY-FIVE DOLLARS ($48,345.00). II.The Parties agree to amend Section IV this Contract to extend the end of the Contract term to December 31, 2017. III.The Parties agree to amend Section 7 by adding the following: The Statement of Work establishes parameters in which local health departments (LHDs) will deliver services to maintain an effective infrastructure that promotes consistent public health practices for the health and well-being of Texans. Local health departments will comply with the most current version of the Tuberculosis Work Plan located at http://www.texastb.org/policies and all applicable state laws, regulations, standards and guidelines. Local health departments will perform the following in accordance with the Tuberculosis Work Plan: 1.Implement a comprehensive TB prevention and control program; 2.Develop and maintain TB policies and procedures; 3.Provide services to evaluate, treat, and monitor clients with suspected or confirmed TB disease; 4.Initiate contact investigations; 5.Provide services to evaluate, treat, and monitor contacts to suspected or confirmed cases of pulmonary, pleural, or laryngeal TB disease; 6.Provide treatment services for at -risk persons diagnosed with TB infection; 7.Develop and maintain surveillance mechanism for early identification and reporting of TB; 8.Perform Targeted testing; 9.Submit designated reports by established deadlines and schedules using DSHS-approved mechanisms; 10.Apply appropriate administrative, environmental, and respiratory controls to prevent exposure to and transmission of Mycobacterium tuberculosis; 11.Provide professional education, training and orientation for new TB program staff and continuing education for current TB program staff; 12.Monitor budget expenditures and maintain accurate and concise records; 13.Comply with confidentiality and security standards; 14.Monitor and participate in correctional TB control activities; 15.Perform self -auditing activities to assess clinical care services and reporting practices; and 16.Perform ongoing continuing quality improvement activities to meet Texas performance measures. IV.The Parties agree to delete in its entirety Section 7. I -A#2, PROVISION OF SERVICES, and replace it with the following: 2. DSHS Tuberculosis Work Plan, http://www.dshs.texas.gov/WorkArea/linkit.aspx? Linkldentifier=id&ItemID=8590001137. V. The Parties agree to delete in its entirety Section 7. I -A#4, PROVISION OF SERVICES, and replace it with 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 the following: 4. Diagnostic Standards and Classification of Tuberculosis in Adults and Children, American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000, http://www.cdc.gov/tb/publications/pdf/1376. VI.The Parties agree to amend Section 7.I -B, USE OF FUNDS, by adding the following: Contractor's budget will include costs to cover: 1.Patient transportation, i.e. ambulance services as needed. VII.The Parties agree to delete Section 7.1-C, CONDUCT SURVEILLANCE, in its entirety and replace it with the following: Contractor will: 1. Contact providers that deliver TB care to at -risk populations within Contractor's service area to obtain data of unreported cases (refer to TB Work Plan); 2. Submit Surveillance Quality Assurance Template via the Public Health Information Network (PHIN) to the Surveillance Branch (refer to TB Work Plan); and 3. Identify high risk groups and congregate settings for which testing for TB infection (TBI) and disease are justified. The goal for target testing is to identify, evaluate, and treat persons who are at high risk for TB infection or at high risk for developing TB disease, once infected with M. tuberculosis (refer to TB Work Plan). VIII.The Parties agree to delete Section 7.1-0 REPORTING in its entirety and replace it with the following: Contractor will: 1. Provide a complete and accurate Annual Progress Report covering the period from January to December for calendar year 2015 and 2016, in the format provided by DSHS, demonstrating compliance with requirements of the contract during that time period. The report will include, but not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 & 17 Performance Measures). The Contractor's Annual Progress Report will not be combined with another Contractor's or health service region's Annual Progress Report. The FY 16 report is due March 15, 2016 and the FY 17 report is due March 15, 2017, and will be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us (refer to TB Work Plan). Any individual -level patient data must be sent via the PHIN. Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS health service region, the deadline for submission to the TB Branch remains unchanged; 2.Ensure designated reports for Cases, Suspects and Contact Investigations are submitted by established deadlines and schedules using DSHS-approved mechanisms (refer to TB Work Plan); 3.Submit monthly correctional TB screening reports from those jails and community corrections under Texas Health and Safety Code Chapter 89 Requirements (refer to TB Work Plan); 4. Submit completed Cohort Review documents for the appropriate cohort year and quarter to the TB Branch via the PHIN (refer to TB Work Plan); 5. Submit completed Incident Report(s) and weekly written updates for media sensitive situations and or large contact investigations (>_ 50 contacts, or in a school >_ 25 contacts) to the TB Branch via PHIN (refer to TB Work Plan); 6. Conduct Division of Global Migration and Quarantine (DGMQ) airline contact investigations and report to the TB Branch (refer to TB Work Plan); and 7. Submit a Report of Adverse Drug Reaction to the TB Branch Nurse Case Manager Consultant (or designee), if a TB Suspect or Case dies or is hospitalized due to an adverse drug reaction (refer to TB Work Plan). IX.The Parties agree to add in Section 7. I -E, MAINTAIN A COMPETENT WORKFORCE, the following: By October 14, 2017, Contractor will submit documents demonstrating its TB employee's acknowledgment of 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 jurisdictional TB policies and procedures. Contractor's orders and procedures are to be reviewed and signed annually by all employees delivering TB clinical or data services. Each Contractor will send the following documents to the TB Branch via the PHIN; Nurse Admin folder: 1. A copy of fully signed TB Policies and Procedures signature page, and 2. A copy of table of contents listing all enacted TB policies and procedures with the period of time the policies and procedures are valid. X.The Parties agree to delete Section 7. I -F INITIATE AND MAINTAIN AUDITING AND QUALITY ASSURANCE PRACTICES: in its entirety and replace it with the following: Contractor must ensure that clinical and reporting standards are maintained for audit activities in accordance with the TB Work Plan. Contractors will fully cooperate with any DSHS audits, desktop reviews and site visits. XI.The Parties agree to add Section 7, II. FY 17, PERFORMANCE MEASURES, with the following: 1.Newly-reported TB cases will have an HIV test performed unless the patient is known to be HIV-positive or if the patient refuses. Contractor will report positive or negative HIV test results to DSHS according to the reporting schedule provided in Section 1, D herein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 84.1% is required. If fewer than 84.1 % of newly reported TB cases have a result of an HIV test reported, then DSHS may, at its sole discretion, require Contractor to take additional measures to improve performance, on a timeline set by DSHS; 2.Cases and suspected cases, of TB under treatment by Contractor will be placed on timely and appropriate Directly Observed Therapy (DOT). For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 92.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 92.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to performance, on a timeline set by DSHS; 3.Newly-reported suspected cases of TB disease will be started in timely manner on the recommended initial 4 -drug regimen. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 93% is required. If fewer than 93.% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 4.Newly- reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease will have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 91.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 5.Newly-reported cases of TB with AFB -positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015-12/31/2015). A compliance percentage of not less than 52% is required. If data indicates a compliance percentage for this Performance Measure of less than 52%, then DSHS may, at its sole discretion, require additional measures be taken by contractor to improve performance, on a timeline 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 set by DSHS; 6. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months will complete therapy within 365 days or less. *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY17 reporting, data will cover all cases from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 88.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 88.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 7.Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 8.TB cases with initial cultures positive for Mycobacterium tuberculosis complex will be tested for drug susceptibility and have those results documented in their medical record. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 96% is required. If data indicates a compliance percentage for this Performance Measure of less than 96%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 9. Newly -reported TB patients with a positive AFB sputum -smear result will have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94% is required. If data indicates a compliance percentage for this Performance Measure of less than 94%, then DSHS may„ at its sole discretion„ require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10.Newly — identified contracts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case will be evaluated for TB infection and disease. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 84% is required. If data indicates a compliance percentage for this Performance Measure of less than 84%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 11.Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case and that are newly diagnosed with TBI will be started on timely and appropriate treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 72% is required. If data indicates a compliance percentage for this Performance Measure of less than 72%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 12.Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case that are newly diagnosed with TBI and that were started on treatment will complete treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 58% is required. If data indicates a compliance percentage for this Performance Measure of less than 58%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 13.For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 63% is required. If data indicates a compliance percentage for this Performance Measure of less than 63%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 14.For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete evaluation within 90 days of arrival. For FY17 reporting data will be drawn from calendar year 2016 (1/1/2016-12/31/2016). A compliance percentage of not less than 48% is required. If data indicates a compliance percentage for this Performance Measure of less than 48%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 69% is required. If data indicates a compliance percentage for this Performance Measure of less than 69%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; and 16. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US and started on treatment, increase the proportion who complete TBI treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 49% is required. If data indicates a compliance percentage for this Performance Measure of less than 49%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS. Contractor will maintain documentation used to calculate performance measures as otherwise required by this Contract and by 22 Tex. Admin. Code § 165.1. All reporting to DSHS will be completed as described in Section I, "D. Reporting" and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor will furnish in the Annual Progress Report a written narrative explaining the reasons for the failure and Contractor's plan to prevent future failures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 XII.The Parties agree to amend Section 7, III. BILLING INSTRUCTIONS by adding the following: Contract assumes full responsibility for services for which an invoice was not submitted to DSHS within 45 -calendar days following the end of the term of the Contract. XIII.The Parties agree to amend Section 16, SPECIAL PROVISIONS, Article VII, Confidentiality, by adding the following: Maintain a list of authorized Contractor staff persons who have been granted permission to view and work with TB/HIV/STD confidential information. The LRP will review the authorized user list ten (10) days from the effective date of this Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the term of this Program Attachment. Thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with the DSHS LRP, all in compliance with the DSHS Program Policy TB/HIV/STD and Viral Hepatitis Breach of Confidentiality Response Policy" http://www.dshs.texas.gov/hivstd/policy/security.shtm. Ensure that all required quarterly reports will be submitted on time. Requests for TB/HIV/STD systems user account terminations are sent to DSHS within 1 business day of the identification of need for account termination A visitors log for individuals entering the secured areas and reviewed quarterly by the LRP TB/HIV/STD system user passwords changes verified by the LRP at least every 90 days. XIV.The Parties agree to amend Section 16. Special Provisions of this Contract to add the following: General Provisions, Article XXVII Non -Exclusive List of Applicable Laws is amended by deleting it in its entirety and replacing it with the following: When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2, 200 of the Code of Federal Regulations (CFR) and 45 CFR 75) the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http://www.dshs.state.tx,us/contracts/links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. XV.Except as provided in this Amendment, all other terms and conditions in the Contract will remain and be in full effect. XVI.This Amendment is effective on January 1, 2017. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Contractor Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed By: Date: 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 DSHS Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed by: Date: 12/20/2016 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 23, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 16013 Northwest Boulevard CAPTION: Case No. 0117-05 George Tintera and Ping Jung Tintera: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property to be rezoned is described as a 1.776 acre tract of land of a portion out of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. PURPOSE: The purpose of this item is to rezone the property to allow development of 9,100 square foot Dollar General Store. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District for the development of a 9,100 square foot Dollar General Store. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as medium density residential. It is Staffs opinion, however, that the requested rezoning will not have a negative impact upon the surrounding neighborhood. There is existing commercial development along Northwest Boulevard (FM 624) and the Northwest Area Development Plan notes commercial development will continue along Northwest Boulevard. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by George Tintera and Ping Jung Tintera ("Owners"), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of George Tintera and Ping Jung Tintera ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 11, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, and on Tuesday, February 14, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by George Tintera and Ping Jung Tintera ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4; located on the south side of Northwest Boulevard between Carousal Drive and County Road 73 (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 070051), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\2-14-2017\Zoning\0117-05 George and Ping Jung Tintera\Ordinance_0117-05 George and Ping Jung Tintura.docx Page 2 of 2 December 2, 2016 METES AND BOUNDS DESCRIPTION 1.776 AC. [77,354.826 Sq. Ft.] OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION CORPUS CHRISTI, NUECES COUNTY, TEXAS A tract of land containing 1.776 acres [77,354.826 square feet] situated in City of Corpus Christi, Nueces County, Texas, being a part or portion out of Section 4, Wade Riverside Subdivision, according to the plat thereof recorded in Volume 19, Page 407, Nueces County Deed Records, which said 1.776 -acre tract if a part or portion of a certain (13.3 -acre) tract conveyed to George Tintera and Ping Jung Tintera, by virtue of a Warranty Deed recorded under Document Number 2007050485, Nueces County Official Records, said 1.776 acres [77,354.826 square feet] also being more particularly described as follows: COMMENCING at the Southeast corner of said Section 4, Wade Riverside Subdivision; THENCE, N 80° 55' 21" W a distance of 30.00 feet; THENCE, N 09° 12' 09" E along the West right-of-way line of Wright Moravek Road, a distance of 828.54 feet to a No. 4 rebar found on the Easterly Northeast corner of said (13.3 -acre) tract and the Southeast corner of a certain tract conveyed to Kevin E. Robertson and Charlotte Robertson, by virtue of a Warranty Deed recorded under Document Number 1996018500, Nueces County Official Records; THENCE, N 72° 00' 21" W (S 71° 13' 20" E Deed Call) along the Southernmost North line of said (13.3 -acre) tract and the South line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 1,404.05 feet (1,404.12 feet Deed Call) to a No. 5 rebar found on an inside corner of said (13.3 -acre) tract; THENCE, N 24° 36' 45" E (S 25° 24' 37" W Deed Call) along the Westernmost East line of said (13.3 -acre) tract and the West line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 552.57 feet to a No. 4 rebar set for the Southernmost Northeast corner and POINT OF BEGINNING of this herein described tract; 1. THENCE, N 65° 22' 16" W a distance of 60.00 feet to a No. 4 rebar set for an inside corner of this tract; 2. THENCE, S 24° 37' 44" W a distance of 315.98 feet to a No. 4 rebar set for the Southeast corner of this tract; 3. THENCE, N 65° 22' 16" W a distance of 179.73 feet to a No. 4 rebar set [Northing: 17202133.373, Easting: 1248984.124] on the West line of said (13.3 -acre) tract, for the Southwest corner of this tract; 4. THENCE, N 24° 37' 44" E (N 25° 24' 08" W Deed Call) along the West line of said (13.3 - acre) tract and the East line of a certain tract conveyed to Mamu Investment Company, by virtue of a Warranty Deed recorded under Document Number 2005064241, Nueces Exhibit A nOrpoUROLIND EPA.. FLOOD ZONE Curve P Delta Radlus Curve Table Length Tangent Chord Length Chord Direction 3399.261 (38:2) "°..98 (24000) (66558'45"E) LEGAL DESCRIPTION 1.776 ACRES [77,354.826 Sq. Ft.] OUT OF SECTION 4 WADE RIVERSIDE SUBDIVISION VOLUME 19, PAGE 407 N.C.D.R. CORPUS CHRISTI, NUECES COUNTY, TEXAS METES AND BOUNDS DESCRIPTION A TrsAcT oF LAND CONTAINING 1.775 ACRESirr 354e26 SQUARE FEET] SITUATED IN THE CI, OF NUECES COUNTY DEEDe RECORDS. WHICH AID 1.,-ACETRAC aS A PUNT OR PORTIev vOUT OF ,Ts ALREs mTo 0E5828 so AREEFEE, ALSO BEING MORE PARTICULARLY DESCRIBED AS FOI LOWS COMMENCING AT THE SOUTNEAST CORNER BEING THE SOUTHEAST CORNER OF A A°IN(zMMAID ACRE, T4RACT CONVEYED TSUBDIVISION SIDNEY L PI S,,JR., BY VIRTUE OF A WARRANTY DEED RECORDED IN VOLUTE W., PAGE 361, NUECES COUNNOFFICIAL RECORDS, THENCE, N 30155'21'W A DISTANCE OF 30.00 FEET, AIogIALIOREr4E2RA; TDEr":01I;TNEs: co°R5TIE'10 cENT4FIIATIL TNTO"I roEESN°ISN3DOCUMENT NUMBER 1056010506 NUEOES COUNTY OFFICIAL RECORDS. nA 3ACRF)';ZT N o CRE Soo;N REIN fsANo ,LOw,a coNN°vEo ;o SIN rIRTS ERTEZI No CHARLOTTE ROBERTSON. A FOUND ON AN INSIDE CORNER OF SAID it33-°ACRE) TRS T. "0°.12 FEET DEED CALM T° A I+°. s REaAR OS CACTE) TRACT°ASD THE WEST LI E DEED R SAID`TRACTT"CONVEYED TO KEVIN E. ROBERTSON LINE of PAID 1. THENCE, N 85,2'16' W A DISTANCE OF 60.00 PEET TO A NO, REBAR SET FOR AN INSIDE CORNER OF THIS TRACT, 2 THENCE, S 00" SIP DISTANCE OF 315 98 FEET TO A NO 0 REBAR SET FOR THE SOUTHEAST CORNER OF THIS TRACT DISTANCE TME1wES ENE`OF SAINO. 10 sACRE) enCNORTHING, FOR T E E (24' 24 Oe' w DEED CAL) ALONS TRE w0ST LINE of Sao DesACRE) IVCAORDED UNDER DOCUMENT NUMBER COUNTY OFFICIAL RECORDS, A FOUND [NORTHING: ES 17202496.083, FASTING. 12691SODISTANCE oN THE TO A NO of SAID (R.u>ACRE) TRACT AND THE NORTHEAST CORNER OF SAID TRACT CONVEYED TO SIAM INVESTMENT AND THE SOUTH R16171,0E-WAY LINE OF NORTHWEST BOULEVARD, FOR THE NORTHWEST CORNER OF THIS TRACK S. THENCE. IRCTNTsuTI HT-ALINEfHESBULEVREsNa 3-AORETRACT SOUTHEASTERLY DIRECTION, oNOR WT OLEAD ANDAL°G A CURVE TO THE LENGTH OF 239 82 LE, (240.FEET DEEDNCAL, ALE OF TANGENT OF2 A 119,95 o Er, ANDA CHORD THAT FE Is 65358'45"E ET [x4.00 FEET DEED BEARS ro A No.5 REPOS FOUND o" THE WESTERNMOST NORTHEEA T CORNER OF SAID (tOaACRE) THENCE,TRACT AND THE NORTHWEST CORNER OF SAID TRACT CONVEYED TO KEVIN E. ROBERTSON AND CHARLOTTE ROBERTSON. FOR THE NORTHERNMOST NORTHEAST CORNER OF THIS TRACT, 6. (S 25°24'37' w DEED GAL) ALONG THE WESTERNMOST EAST LINE OE SAID C, TRACT TRACT AND THE WEST LINE OF SAID TRACT CONVEYED To KEVIN E. ROBERTSON CHARLOTTE CONTAINING , na ACRES(77,304 eze SQUARE EeenoEaND MORE poen- a LEESSSDE BEGINNING, AND CORPUS CHRISTI ZONING ORDINANCE ZONING CLASSIFICATION: PR F'A RM -RURAL DISTRICT SE'T'BACKS: AS PER CITY ORDINANCE -ARTICLE 27 PARKING IIEQLIIREMLN'E: AS PER GTTY ORDINANCE -ARTICLE 22, EOR RETA5L STORE;THE RF.QTTTRF.MENT IS 1 PARKING SPACE YLR 200 Sq. Ec. UE ET,OOR. AREA. MAXTMHMRLTTLDTNG TTETGHT: AS PER CITY ORO[NANCE ARTTC.T.F 27 LOCATION MAR GRAPHIC SCALE ON FEET) 1 INCH 40 FT '"1( r1=PE'TITIITME=TrIINT=PI7T7'"' R0IPPEZTO°01f1Y7PREFP==PURTONWOE PURPOSES .coaoirmos. KNOWN LEN DOES NOT WEE. SUBJECT TOP. GRAN,O70.50071.. PIPE CORPORATION KATE .S.11 em R.,E=FlaNNO,SITE.7, VOLUME MI PASS KO DEED PEO06.0.7 GRANTED. SUN OPE LINE LOPP.7 PURPOSE PIPELINE AND APPURTENNISEPURPOSES Pwwwwwo GRANTED TO: MOBIL FRODUOINO TEYASSNONEW MENLO, INC. PURPOSE PIPELINE AND APPLIRTELINIOE DOES NOT AFFECT SILEJE. TRAC7. NNFOSE; PIPELINE No APFURTE.NEEFUPPOS. osTENANLIANY Wyo. pp0Wrpsopl(2 NO: 2.60(7740. OFFICAAUBLK RECORDS OF NIECES ALTA/NSpS LANd TITLE SURVEY J04 "4. 16182.08 DRAWING DATE' 12/05 2010 DRAWN BY JO JLG REVISION DATE BY F le Name 16132 08 ntLDen & Nr.1T Inc. EXHIBIT B County Official Records, a distance of 400.00 feet to a No. 5 rebar found [Northing: 17202496.983, Easting: 1249150.819] on the Northwest corner of said (13.3 -acre) tract and the Northeast corner of said tract conveyed to Mamu Investment and the South right-of-way line of Northwest Boulevard, for the Northwest corner of this tract; 5. THENCE, in a Southeasterly direction, along the Northernmost North line of said (13.3 - acre) tract and the South right-of-way line of Northwest Boulevard, and along a curve to the left, with a central angle of 003°31'26", a radius of 3,899.26 feet, an arc length of 239.82 feet (240.04 feet Deed Call), a tangent of 119.95 feet, and a chord that bears S 66° 48' 02" E (S 65° 58' 45" E Deed Call) a distance of 239.78 feet (240.00 feet Deed Call) to a No. 5 rebar found on the Westernmost Northeast corner of said (13.3 -acre) tract and the Northwest corner of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, for the Northernmost Northeast corner of this tract; 6. THENCE, S 24° 36' 45" W (S 25° 24' 37" W Deed Call) along the Westernmost East line of said (13.3 -acre) tract and the West line of said tract conveyed to Kevin E. Robertson and Charlotte Robertson, a distance of 90.00 feet to the POINT OF BEGINNING, and containing 1.776 acres [77,354.826 square feet] of land, more or less. Exhibit A Aerial Overview Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0117-05 Infor No. 16ZN1008 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Applicant/Representative: Melden and Hunt, Inc. Owner: George Tintura and Ping Jung Tintura Location: 16013 Northwest Boulevard Legal Description: A 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 1.776 acres Purpose of Request: To develop a 9,100 square foot Dollar General Store. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Medium Density Single Family Residential North Outside City Limits Estate Residential Outside City Limits South "FR" Farm Rural District Vacant Medium Density Single Family Residential East "FR" Farm Rural District Vacant Medium Density Single Family Residential West "FR" Farm Rural District Vacant Medium Density Single Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP) and is planned for Medium Density Single Family Residential. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use map. Map No.: 070051 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 240 feet of street frontage along Northwest Boulevard, which is an "A3" Primary Arterial Divided street. The maximum average daily trips for an "A3" is 30,000 to 48,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Northwest Boulevard "A3" Primary Arterial Divided Street 130' ROW 80' paved 145' ROW 90' paved 17,961 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to "CG -2" General Commercial District to develop a 9,100 square foot Dollar General Store. Development Plan: The applicant proposes to rezone the subject lot, to the "CG -2" General Commercial District. The lot is 1.776 acres. The purpose of the rezoning is to develop a 9,100 square foot Dollar General Store. The store will employ approximately eight employees and operate from 8:00 a.m. until 10:00 p.m. Existing Land Uses & Zoning: The northern property is outside of city limits with estate residential use. South, east, and west are zoned "FR" Farm Rural District with vacant uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest ADP. The proposed rezoning to the "CG -2" General Commervial District is inconsistent with Plan CC and the Future Land Use Map which identifies the area as Medium Density Single Family Residential. Additionally, the following are pertinent elements of Plan CC and the Northwest ADP that should be considered: • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, page 36) Staff Report Page 3 • Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes a workforce a positive factor for business prospects. (Plan CC, Goal 2, Strategy 3, page 36.) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Northwest Area Development Plan, B.1.D., page 13.) Department Comments: • Commercial development is existing along Northwest Boulevard. • Commercial development is preferred at nodal points, however the Northwest ADP recognizes the continuance for commercial uses along Northwest Boulevard, with carefully managed flow/access. • The development would accommodate the continuous growth and could provide for locational needs. Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "FR" Farm Rural to "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 V 3 a Notification Number of Notices Mailed As of January 4, 2017: In Favor In Opposition For 0.00% in opposition. — 8 within 200' notification area; 1 outside notification area — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0117-05 George & Ping Jung Tintera\Council Documents\0117-04 CC Report George and Ping Jung Tintera.docx 0 Outside City Limits SUBJECT PROPERTY Inside City Limits 400 800 Feet Date Created:�12/22/2016 Prepared 6Y. JeremyM Department of Development Setvites,, CASE: 0117-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY FM -624 LOCATION MAP 111 3 City of Corpus Christi 16ZN 1008 Go�QUs ," ea�� it 4 �; . � ,I 2. `, �e§ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78459-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.; 0117-05 Map Na.: PC Hearing Date: January 11 2017 Prof Mgr: L. Sheldon , Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m, * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: MELDEN & HUNT, INC Contact Person : KELLEY HELLER-VELA, P.E. Mailing Address::115 W. MCINTYRE ST. _ City: EDINBURG State: TX ZIP: 78541 Phone: { 956 ) 381-0981 E-mail. Cell: 2_ Property Owner(s): GEORGE TINTERA & WIFE, PING JUNG TINTERA Contact Person Mailing Address: 6825 ASWAN City:CORPUS CHRISTIstate: TX ZIP:78412 Phone: (361 )992-0587 E-mail Cell: ( ) FM RD ff624 (NW FRENA{) 1.776 acres 3. Subject Property Address: 1 4 0 0 ' W. OF C .R R. # 7 3 Area of Request (SE/acres): Current Zoning & Use: AGRICULTURE/OPEN LAND Proposed Zoning & Use:: CG -22. GENERAL C0MMERCTA 12 -Digit Nueces County Tax ID: 9 1 3 6 . 0 0 0 0 5 1 3 DISTRICT/DG STORE �-___ Subdivision Name: Block: Lot(s): Legal Description if not platted: 1.776 ACRES OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION VOLUME 19, PAGE 407, N.C.D.R., CORPUS CHRISTI NUECES COUNTY, TEXAS 4. Submittal Requirements: © Early Assistance Meeting: Date Held 11/17/2016 , with City Staff 11/17/2016 E Land Use Statement i Disclosure of Interest • Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) • Site Plan for PUD or Special Permit • Metes & Bounds Description with exhibit if property includes un-platled land (sealed by RPLS) ■ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or 1on,b/eh'alf of the Property Owner(s); and the rmation provided is accurate.Jf , K }-. .oct)24,- ei 4w),AA Owner or Ag nt's Signature Applicant's Si n" ature W,Lle. P- aei - Vt 01l�t.' A. Irk-i(e,v— tlel . Owner or Ag is Printed Name Applicant's Prigted Name Office Use Only: Date Received: 12/20/16 Received By: ADP. Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 - No. Signs Required 1 @ $10/sign Sign Posting Date K.IDEVELOPMENTSVCSSSHAREDILAND DEVELOPMENTIAPPLICATION FORMS4REZONING,ZONING APPLICATION 2015 DOC Form Revised 5/12/2515 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. EXISTING USE IS OPEN LAND. THE SITE IS PROPOSED FOR A SINGLE -LOT COMMERCIAL RETAIL DEVELOPMENT FOR A PROPOSED 9,100 S.F DOLLAR GENERAL STORE. THE PROPOSED BUILDING HEIGHT IS 18'-6". A PROPOSED SITE PLAN IS ATTACHED, SHOWING 36 PARKING SPACES. THE ENTIRE SITE (BUILDING AND PARKING) WILL BE CONSTRUCTED AT THE SAME TIME, NEXT SPRING. TYPICALLY THERE ARE 8 EMPLOYEES (APPROXIMATELY 2-3 IN EACH SHIFT) AND THE STORE HOURS ARE 8:00 A.M. TO 10:00 P.M. THERE WILL BE A LIGHTED PYLON SIGN LOCATED NEAR THE ENTRANCE. THIS SITE WILL HAVE SHARED ACCESS TO HIGHWAY 624/NORTHWEST BOULEVARD WITH THE REMAINDER TRCT. 2. Identify the existing land uses adjoining the area of request: North - RESIDENTIAL (LOW DENSITY) South - OPEN LAND (AGRICULTURAL) East - OPEN LAND (AGRICULTURAL) West - COMMERCIAL C:1USERSITANYAR.00040ESKTOP4DAILY USEWNNIKAILAND USE STATEMENT FOR ZONING. DOC 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: MELDEN & HUNT, INC. STREET: 115 W. MCINTYRE CITY: EDINBURG ZIP: 78541 FIRM is:QCorporation ()Partnership CSole Owner Association ()Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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. „s, , `� Certifying Person:<dkA\ 7 om- ler- U C Title: \Ace t q[ C{e/r\- (Priint Nares) Signature of Certifying Person: V JAC LA-- \/LI"^- Date: t K IDEVELOPMENTSVCSISHAREDILANP DEVELOPMENT\APPLICATION FORMSIREZQNING1DISCLOSURE OF INTERESTS STATEMENT_5.12.2015, DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or fines 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: GEORGE TINTERA & WIFE PING JUNG TINTERA STREET: 6825 ASWAN CETY: CORPUS CHRISTI zip: 78412 FIRM is: 0Corporation °Partnership Sole Owner t Association 0 Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board. Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure any information requested. and that supplemental statements will be promptly submitted to the City of Corpus -Wish, Texas as changes occur. C=reifying Personr e''"�9e Ti vtc /6- t 1Oi 5 �u � ! q ---k Title: (Print Name) Signature of Certifying Person: v Date: Arj. 'ti(PLIENTS'•itSiSHRRE :1. nL:`JELG'PM k ;PPi 'CA 11._1,`I FORLISi EZCaItiG;OJSCtnc LIRE C/F i'TERESFS STA V,ieNT5.t<".2J)1 0OC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (IJDC Section 3.29.4). Property Address: Legal Description (Subdivision, Lot, BIock): 1.775 ACRES OUT OF SECTION 4, WADE RIVERSIDE SUBDIVISION, Applicant Name: MELDEN & HUNT, INC Address: 115 W. MCINTYRE ST. City/State/Zip: EDINBURG, TX 78541 Telephone: 956'3810981 Email: kelleya@meldenandhunt.corn Application Status (Select One): Lel Rezoning LI Site PlanJStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 1.776 ACRES AGRICULTURE OPEN 815 5-48 50 5.57 51 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 1.776 ACRES COMMERCIAL DOLLAR GENERAL 815 5-48 50 5.57 51 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) HIGHWAY 6241NORTHWEST BOULEVARD YES 82.5' 150' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with rithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not ❑ exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new T1A determination to be made, APPOINTMENT OF AGENT As owner of the subject property. I hereby appoint the person designated below to act for me, as my agent in this request. Nagle of Agent: VI alta. f 1-I1,t;'l 1 --I--?. Ali- 1eivr ii olid) T`. E)[w1aiting Address: 1 6. 7 1 ! ' .1 - 'Vi. City: '.. i1 +(,, 1{) I L, State: i X...- Zip: _ t S1)+1 Mone Phone: T t Business Phone: ( y: -J61-01/ Cell: l ) 1 acknowledge and affirm that 1 will be legally bound by the words and acts am), agent, and by my signature below, J fully authorize my agent to: He the point of contact between myself and the City of Corpus Christi: make legally binding representations of fact and commitments of every kind on my behalf: grant legally binding waivers of rights and releases of liabilities of every hind on my behalf; consent 10 legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. Al any time it should appear that my agent Itas less than lull authority to act. then the application may be suspended and I wvill have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City goverment and. that the City will rely upon statements made by now agent. Therefore. t agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damn ,es, attorney fees, interest and costs arising from this matter. 1f my property is owned by a corporation. partnership, venture. or other legal entity. then 1 certify that I have the legal authority in make this binding appointment on behalf of the entity, and every reference herein to •'1". "nty. or -'lite" is//reference to the entity. *Signature of. -►,gent: .► i`. ,�, � _ I..t..- 1... zr{ . 'title: Li? Ps+`r`:_4ct(.'7'1-tM TdtA L_{�i.l It1c. Printed/Typed Name of A�eent: !CC( CL,, u A Fl c i Ic v. \f 1c... bate: IA 17.4 l ti: *Sign at ure of Property Owner: Printed•'Ty°ped Name of Property Owner: *Signature of Proper() Os ner: r6.; Printedh'l'yped Name of Property Owner: .Title: Qf, 7-e ✓cg Date: 12 - 13-- (s t- t l ( Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner, Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorizedoff icer of a corporation or association. li.ww'.tir;n�u Al't'toLCIME"1 fit :\(.+l'ti-I?-19.+t4,k+, AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 17, 2016 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 14836 Granada Drive CAPTION: Case No. 0117-01 SuperElite, LLC: A change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. The property is described as being Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. PURPOSE: The purpose of this item is to allow for the development of a 27 -unit single-family development. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 2017): Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay to allow for the development of a 27 -unit single-family development. The proposed rezoning is consistent with the newly adopted Plan CC Comprehensive Plan. The property is appropriately located for multifamily uses. The rezoning is compatible with adjacent projects and character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan and is planned for Multifamily Residential uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay is consistent with the adopted Future Land Use Map and the Mustang Padre Island Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of SuperElite, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 11, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, February 14, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by SuperElite, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive (the "Property"), from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Ordinance_0117-01_PUD_SuperElite, LLC.SuperElite, LLC. Page 3 of 3 CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY WHITECAP LOCATION MAP /Q. City of Corpus Christi The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: December 6, 2016 ILEURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re -development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re -plat of the property will encompass Lots 33 and 38, Block 1, Padre Island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re -development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/I0 South — Vacant/RM—AT/I0 East — Vacant and Canal/RM—AT/I0 West — Vacant/RM—AT/I0 Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Common Area Lot Residential Building Lot Private Access and Utility Easement Lot Layout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area — 20,000sf Shared Parking (Townhouse) — 1,600sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 45' Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Site Area — 102,337sf provided Shared Parking (Townhouse) — 1,400sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 0' Minimum Street Yard (Corner) — 0' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 0' Minimum Open Space — 32% provided Maximum Height — 45' (Actual 35') Required Parking: 1.5 per 1 bedroom — 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest — 5.4 or 6 required — 19 provided 9 additional golf cart spaces provided Curb Type — None Sidewalks — combination of existing 4' and 5' wide sidewalks and proposed 3', 4' and 6' walks Paved Street Width — 24' minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use — Single Family Residential (Townhomes) Lot Area — Minimum 1,400sf Lot Width — 22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall), 0' along Private Access Street corner: 0' Side Yard: 0' Maximum building Height: 45' Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed. Four day minimum Development Guidelines For Common Area Lots (Lot 28) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: Single Story Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Common Area Residential Building Area Street Pavement Sidewalk Landscape Area IR ■ ■ .■ i�i�i�i�i�i�i�i• Vehicular and Pedestrian Access Vehicular Access will be provided via a private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. Legend: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Planned Unit Development (PUD) Boundary Street Pavement Sidewalk Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided Building Width Varies Private Access and a Utility Easement Section A—A 0 Building Building /� 27' Wide Private Access and Utility Easement 35.5' Private Access and r // Building c Utility Easement 0 o / m 4.25' l 24' Drive N M4'M // a Section C—C Walk Typical Cross—sections 2.25' Section B—@ Park N 11_' II5 G 0 8. 0 5 1 If • d O 3 3 l' A •-',4 '9qm o0Q O1,»aS6 „� a F -ill o m 8o'P° omo'p °� _ o g?sc o ° °` omko�m N a °� m �� t m �”' ° me 3 5 a o �� m° �. o ;qt. m 0 g•E n D a o �4 0 ^'v n ^npVZw NO Cmaa�oOr S--4'''''''- ‘, – U OH3 y cm5°m mn2 o,`,ao O -s —X03 j°a ms4°Cw.°�C�o4o� °Aj NOO v.2 ooO»=3 O?40N • o°2 ^ ct _ 'p, ao, aS m°o0 mnr. ^o! °,ni4m ,O_y�IPo°G. 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I ° °e D xQm oa Emma o en- 0 0, 0 E -$53°: -G. 3 Hi mc'=oBO°O pl3unO :14 illi DN D.omas Dj..o ' °N P. R i i �m� me NC WI. Aim G 8° , .iSQ NAS 9 oD 's93 $m :$u a3 Haao � onn c 1ro ° IL; x °i°o^3 s ,o 1 .m nn ollgnd o so 2. t U87 13 2. t cgi Ei cgi cgi t en t Ei G r Yz • QS o /y ..4 0 SZs 4? 1 4NY et ,jg J07., j kot • °be / if ¢m • 2 0 0 z p q0UMN ONO UN NU MNR g yaimit t2Am TTAT,,,N'yo mfff fffff mmmmmm m 'rd -.-..... . . ...:SUS.N: � G r Yz • QS o /y ..4 0 SZs 4? 1 4NY et ,jg J07., j kot • °be / if ¢m • 2 0 0 z 2 ‘7, t 8 ;33 ;33 ;s2 '41 t t 8 tip ,<! t f G 42, 0 Pool, 2 4•009: 24,014 oa44,64'rg' °be 1 1 ,,F'� . mN� .o I. z :) r b IPO w 1 if ■ 2 0Z 08 z p q0UMN ONO UN NU MNR g yaimit t2Am TTAT,N"`4'P,,,,o mfff fffff mmmmmm m 'rd .N� f G 42, 0 Pool, 2 4•009: 24,014 oa44,64'rg' °be 1 1 ,,F'� . mN� .o I. z :) r b IPO w 1 if ■ 2 0Z 08 z Aerial Overview Subject Property SUBJECT. PROP,ERT.Y r. Master Site Plan • • ntl.TaZ.,"""— Master Sire Pfau for The Villas PUD " ra"Z/Z-7,`Z,7,'"iii *.P:14;i:AnY7.1i5:741tr4241"— t7 ,;4W,ci,4"44.1 3 PLANNING COMMISSION FINAL REPORT Case No. 0117-01 INFOR No. 16ZN10000040 Planning Commission Hearing Date: January 11, 2017 Applicant & Legal Description Owner: SuperElite, LLC. Applicant/Representative: Urban Engineering Legal Description/Location: Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Zoning Request From: "RM-AT/IO" Multifamily AT District with an Island Overlay To: "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay Area: 2.35 acres Purpose of Request: To allow for the development of a 27 -unit single-family development. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential North "RM-AT/IO" Multifamily AT District with an Island Overlay Water Water South "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential East "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Multifamily Residential West "RM-AT/IO" Multifamily AT District with an Island Overlay Medium Density Residential and Vacant Multifamily Residential ADP, Map & Violations Area Development boundaries planned AT/IO/PUD" Development and the Map No.: Zoning Plan: The subject property is located within the of the Mustang Padre Island Area Development Plan and is for Multifamily Residential uses. The proposed rezoning to the "RM- Multifamily AT District with an Island Overlay and Planned Unit Overlay is consistent with the adopted Future Land Use Map Mustang Padre Island Area Development Plan. 028026 Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Granada Drive which is designated as Local/Residential street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50' ROW 28' paved 60' ROW 37' paved N/A Leeward Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 25' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay to allow the development a 27 -unit single-family development. Development Plan: The subject property is comprised of 2.35 acres and is proposed to be developed into a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24 -foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RM -AT" Multifamily AT District and notes all necessary deviations from the UDC being requested by the applicant. Staff Report Page 3 Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area 5,000 sf. 1,600 sf. 1,400 sf. Yes Minimum Lot Width 50 ft. 16 ft. 16 ft. No Front Yard 20 ft. 10 ft. 0 ft. Yes Side Yard 5 ft. 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Building Separation N/A 10 ft. 0 ft. Yes Open Space 25% 30% 32% No Maximum Height Varies 45 ft. 45 ft. No Paved Street Width 28 ft. 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets Combination of existing sidewalks and 3, 4, and 5 foot sidewalks Yes `RS-TH" District standards are applied in the "RM -AT" District in the cases of Townhome Developments. Existing Land Uses & Zoning: The subject property is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and is vacant. To the north is the Packery Channel. To the south, east, and west, is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and consists of either vacant or medium density residential uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of three platted lots. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang Padre Island Development Plan (ADP). The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks Staff Report Page 4 (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Review Criteria for a PUD Zone Map Amendment set forth in the UDC. o The development is in harmony with the character of the surrounding area. o The development offers an alternative in housing types. o The development as proposed is orderly with respect to the area and community. o The development has a plan for the separation of vehicular and pedestrian traffic. o The development will include the timely provision of utilities, facilities and services. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD is a continuation of the development known as The Villas • This PUD utilizes decreased lot sizes and street width, while maintaining lot size, building height, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Staff finds that the proposed deviations are acceptable. • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. Staff Report Page 5 5. Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8. Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results For: 9 Against: 0 Absent: 0 Public Notification Number of Notices Mailed — 55 within 200 -foot notification area 1 outside notification area As of January 6, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0117-01 The Villas PUD\Council Documents\Staff Report 0117-01_SuperElite, LLC PUD.docx CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY WHITECAP LOCATION MAP /Q. City of Corpus Christi Development Services DepL P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street 1. ILL /COMO Vo REZONING APPLICATION Office Use On Case No.: 0117-01 Map No.: 028026 PC Hearing Date: January 11, 2017 Proj.Mgr. Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant Urban Engineering Mailing Address:2725 Swantner Drive City: Corpus Christi contact Person : Xavier Galvan E-mail: xavierg@urbaneng.cam State: TXZIP: 78404 Phone: 3L, s� 854-3101 Cell: 2. Property Owner(s): SuperElite, LLC Mailing Address:5466 Quashnick Road City: Stockton E-mail: mfbertagna@aol.com cell: (2-49 ) 32-3 —q5511 Contact Person : Michael Bertagna State: CA ZIP: 95212 Phone: 9( 'I 6 ) 300-7763 3. Subject Property Address:14826, 14836 and 14846 Granada Drive Area of Request (SF/acres): 2.35 Acres Current Zoning & Use: RM AT Proposed Zoning & Use: RM-AT/PUD See Attached 12 -Digit Nueces County Tax ID: T Subdivision Name: The Villas PUD Block: Lot(s): Legal Description if not platted: Lots 33 and 38, Block 1, PICC, Section D and Lot 34R, Block 1, The Villas 4. Submittal Requirements: Q Early Assistance Meeting: Date Held 7-19-16 ;with city Stat€ Jeff Stringer/Andrew Dimas/Miguel Torres NI Land Use Statement ❑■ Disclosure of Interest © Copy of Warranty Deed IF APPLICABLE: D Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑■ Site Plan for PUD or Special Permit 0 Metes & Bounds Description with exhibit if property indudes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ® Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete ap as or on behalf of the Property Owner(s); and the in .. er or ,— S gnature asbir Singh ' heema, Managing Member of SuperElite, LLC Owner or Agent's Printed Name on tview, that I a autho 'zed to initiate this rezoning provided is ccura A ature Xavelven for Ur gineering Applicant's Printed Name Office Use Only: Date Received: 10/21/16 Received By: ADP: MPI Rezoning Fee: 1695.50 + PUD Fee 825.00 + Sign Fee 10.00 =Total Fee 2527.50 No. Signs Required 1 © $10/sign Sign Posting Date: KADEVELOPMENTSVCS%SHAREO LANO OEVELOPMENTIAPPLICATION FORMSREZONINGIZONING APPLICATION 2015.0OC Form Revised 5/1212415 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use 0 1. Applicant: Urban Engineering Case No.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 P.M. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER !HEARING. " INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Mailing Address:2725 Swantner Drive city Corpus Christi Contact Person : Xavier Galvan E-mail: xavierg@urbaneng.com zip: 78404 Phone: (361 ) 854-3101 State: TX 2. Property Owner(s): SuperElite, LLC Cell: ( ) Mailing Address: 5466 Quashnick Road City: Stockton E-mail: mfbertagna@ao1.com Contact Person : Michael Bertagna State: CA zip. 95212 Phone:( 916 )300-7763 Cell: ( ) 3. Subject Property Address: 14826, 14836 and 14846 Granada Drive Area of Request (SF/acres): 2.35 Acres Current Zoning & Use: RM -AT Proposed Zoning & Use: RM-AT/PUD 12 -Digit Nueces County Tax ID: See Attached Subdivision Name: The Villas PUD Block: Lot(s): Legal Description if not platted: Lots 33 and 38, Block 1, PICC, Section D and Lot 34R, Block 1, The Villas 4. Submittal Requirements: E Early Assistance Meeting: Date Held 7-19-16 ; with City Staff Jeff Stringer/Andrew Dimas/Miguel Torres ❑1r Land Use Statement i I Disclosure of Interest ■❑ Copy of Warranty Deed IF APPLICABLE.' 0 Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) JI Site Plan for PUD or Special Permit 12 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization j Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I authcfrized to initiate this rezoning as or on behalf of the Property Owner(s); and ttte_Irtfo'-•" s rovided I ` accuratie l Owner or gent's Signature Tarenjit K. Cheema, Managing Member of SuperElite, LLC Owner or Agent's Printed Name Xa '= - van for Urba :.inhering Applicant s Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required — © $10/sign Sign Posting Date: • 144 0EVELOPMENTSVC$I5HAREDILAND DEVELOPMENTIAPPLICATiON FORMS,REZONING\ZONING APPI. CATION 2015.DOC Form Revised 5/12/2015 Property IDs for SuperElite, LLC 6180-0001-0330 6180-0001-0380 9037-0000-0101 9037-0000-0102 9037-0000-0103 9037-0000-0104 9037-0000-0201 9037-0000-0202 9037-0000-0203 9037-0000-0204 9037-0000-0205 9037-0000-0301 9037-0000-0302 9037-0000-0303 9037-0000-0304 9037-0000-0305 9037-0000-0306 9037-0000-0307 9037-0000-0401 9037-0000-0402 9037-0000-0403 9037-0000-0404 9037-0000-0405 9037-0000-0501 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner of the property is requesting a change of zoning from RM -AT to RM-AT/PUD. The property currently has a single building with 4 existing townhome units that were built by the previous owner. The new owner has obtained additional property on both sides of the existing Lot 34R, Block 1, The Villas of Padre. Development will include modifications to the existing approved layout to include additional Units and provide a second access point to the development. The revised layout will consist of 27 Townhome Units. ?, Identify the existing land uses adjoining the area of request: North - Vacant - RM -AT South - Vacant- RM -AT East - Canal - RM -AT West - Vacant - RM -AT K IDEVELOPMIENTSVCS'LSIIARED\.LAND DEVELOPMENTORDINANCE ADMrNISTRATIONIAPPLICATION FORAIS'FORA1S AS PER LEGALILAND USE STATFhtENT FOR ZONING DOC October 20, 2016 Mrs. Renissa Garza-Montalvo Development Services, City of Corpus Christi 2406 Leopard Corpus Christi, TX 78408 Subject: The Villas PUD (Application) Mrs. Garza-Montalvo: Job No. 43122.00.00 Below is a detailed list of the items that will deviate from the City of Corpus Christi Unified Development Code. These items are as follows: • 0 Front yard setbacks • Minimum lot area will be 1400 square feet • Access will be private (gated community) • Utility Easements along property lines will be 5 feet in width • Per previous discussions with City staff, vehicle stacking area will be reduced to 1 and 1/2 spaces • Existing 3' and proposed 4' wide Sidewalks will be provided adjacent to the individual Lots along Northwest and Southwest sides of the development (361)854-3101 Sincerely, URBAN ENGINE alvan 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 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: SuperElite, LLC STREET: 5466 Quashnick Road CITY: Stockton, Califomia ZIP: 95212 FIRM is:°Corporation °Partnership °Sole Owner ()Association (pother LLC 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". Job Title and City Department (if known) Name 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 N/A Title 3, State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "fine". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant 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. Jasbir Singh Cheema Title: Managing Member Certifying Person: (Print Name) Signature of Certifying Person: KDEVELOPMENTSVCSISHARED4LAND DEVELO Date: I d 'f S `Zd PLICATION FO 4REZONINGIDISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC 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: SuperElite, LLC STREET: 5466 Quashnick Road CITy: Stockton, California zip: 95212 FIRM is: O Corporation Q Partnership ()Sole Owner O Association O Other LLC 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". Job Title and City Department (if known) Name N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant 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: Tarenjit K. Cheema (Print Name) Signature of Certifying Person: , , ie"' ! l>�c- Date: K 1DEVELOPMENTSVCS%5HAREDSLAND DEVELOPMENTIAPPLICATION FORMSIRETONINGIOISCLOSURE OF INTERESTS STATEMENT 512 2015.DOC Title: Managing Member 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. Ever question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner CITY: Corpus Christi, Texas zip: 78404 FIRM is:°Corporation ()Partnership °Sole Owner °Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission- or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: Xavier Gaivan � Title: (Print Na Signature of Certifying Person: Date: ') () ` _ \ (., Project Manager.'Senior Platting Tech K5DEVELOPMENTSVCS5SNAREDSLAND REVEL NGLDISCLOSURE OF INTERESTS STATEMENT 5.12 2015.DOC APPOINTMENT OF AGENT As owner of the subject property, l hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip. 78404 Home Phone: ( 1 Business Phone: f 361 854-3101 Cell: ( I acknowledge and affirm that l will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that 1 have the legal authority to make this binding -apps ntment on behalf of the entity, and every reference herein to "1", "my", or " 't e" is a reference to the *Signature of Agent: r• �] Printed/Typed Name of Ag nt: Xavi = Gal *Signature of Property Owner: Printed/Typed Name of Property Owner:Jasbir Singh Cheema for SuperElite, LLC Date: ro- (T - 20 1 C Title. PrvieCt Manager/Senior Platting Tech rban Engineering Date: 1. _Title: Managing Member or Supereile, LLC *Signature of Property Owner: Title: Printed/Typed Name of Property Owner. _ Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Bruwn.APPOINTMENT OF AGENT2- I 9-09.doc APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip: 78404 Home Phone: ( 1 Business Phone: ( 361 ) 854-3101 Cell: ( 1 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between mysel f and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of nabilitics of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions an my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than Ibil authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this bindi ".3intment on behalf of the entity, and every reference herein to "I", "my", ori." is a reference to tit *Signature of Agent: Printed/Typed Name of Agfi t: Gal entity. Title: Project Manager/Senior Putting Toch Urban Engineering *Signature of Property Owner: Date: `—' Title: Managing Member of SuperEhle, LLC Printed/Typed Name of property Owner: Tarenjit K. Cheema for SuperElite, LLC Dale. p- 1U- 16 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: 'Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer ora corporation or association. I).W.BmWn AI'I'OINTMFNT OF AGI'NT2-IN-O9 doe Special Warranty Deed Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: 6\ 7 , 2015 Grantor: William Lyle Presslor, Trustee of the Whittier and Washington Real Estate Trust dated January 18, 2011 Grantor's Mailing Address: 9874 E. Rocky Fork N. Drive, Brazil, Clay County, Indiana 47834 Grantee: SuperElite, LLC, a California limited liability company Grantee's Mailing Address: 1 os3 R • Ih0P-A L ANo. jTc) C. i.cTo r r tp 91 210— Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): TRACT I: Villas 101, 102,103 and 104, Lot Thirty-four R (34R), Block 1, THE VILLAS OF PADRE, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 67, Page 316, Map Records of Nueces County, Texas. TRACT II: Lot Thirty-eight (38), Block One (1), PADRE ISLAND -CORPUS CHRISTI SECTION D, an addition to the City of Corpus Christi Nueces County, Texas, according to map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County Texas. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: 1. Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2015 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (a) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (c) filled-in lands or artificial islands, (d) water rights, including riparian rights, or (e) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 2. The following Restrictive Covenants of record itemized below: TRACT 1: File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records of Nueces County, Texas. File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas. Document No. 828183, Official Public Records of Nueces County, Texas. Document No. 931043, Official Public Records of Nueces County, Texas. Document No. 931045, Official Public Records of Nueces County, Texas. Document No. 931047, Official Public Records of Nueces County, Texas. Document No. 2007000378, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. 2 Document No. 2010030219, Official Public Records of Nueces County, Texas. Volume 67, Page 316, Map Records of Nueces County, Texas. TRACT II: File No. 793339, Volume 1335, Page 285, Deed Records, Nueces County, Texas. File No. 793340, Volume 1335, Page 294, Deed Records, Nueces County, Texas. File No. 933464, Volume 1482, Page 1000, Deed Records, Nueces County, Texas. File No, 233030, Volume 1788, Page 729, Deed Records, Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records, Nueces County, Texas. Volume 35 Pages 24-25, Map Records of Nueces County, Texas Document No. 828183 Official Public Records of Nueces County, Texas, Document No. 1997040456, Official Public Records of Nueces County, Texas. Document No. 2007000378, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. TRACT I: 3. Rights of Parties in Possession under any lease assigned by Grantor to Grantee. 4. Rights of tenants under leases affecting general common elements of subject property. 5. Rights of tenants in possession under any and all outstanding lease agreements, recorded or unrecorded. 6. Any and all party walls and rights of adjacent property owners therein. 7. A 5' utility easement along the common boundary with Lot 33; a 5' utility easement along the common boundary with Lot 38; a 10' yard requirement across the front of subject property; a 20' yard requirement across the rear of subject property; a 15' drainage easement over through and across the subject property from Granada Drive to the Navigation Channel; and a 25' mooring area adjacent to the rear of subject property; all as shown by map or plat thereof, recorded in Volume 67, Page 316, Map Records of Nueces County, Texas, together with all amendments and replats pertaining thereto. 8. Liens arising by virtue of the terms and conditions of that certain Agreement titled "Protective Covenants and Landowner's Agreement, Padre Island -Corpus Christi Section D, dated February 25, 1972, recorded under Clerk's File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas, and amended by Clerk's File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas, and all amendments thereto. 9. 1,000 Foot Sand Dune Protection Line affecting the above described property, as established by the County Commissioners of Nueces County, Texas, dated October 23, 1973. 10. Any changes in the boundary lines of the above described property caused by erosion from the actions of the waters of the Gulf of Mexico. 11. The Rights, if any, of the State of Texas and/or the Public, individually and collectively, to the use of any portion of such property bordering on the Gulf of Mexico. 12. Any loss or liability arising from the loss of use or title to any portion of the subject property outside of the bulkhead line, as shown by map or plat recorded in the Map Records of Nueces County, Texas. 13. Right of Way to the United States of America under the Spoil Disposal and Right of Way Easement Deed dated August 21, 1947, executed by and between Arroy Colorado Navigation District to and with the United State of America, recorded under Clerk's File No. 250737, Volume 382, Page 307, Deed Records of Nueces County, Texas. (Blanket) 14. Right of Way Easement dated February 16, 1954, from Padre Island Development Company to Nueces County, recorded under Clerk's File No. 304484, Volume 474, Page 299, Deed Records of Nueces County, Texas. (Blanket) 15. All rights of the county of Nueces and/or the State of Texas, if any, under Agreement between Padre Island Development Company and Nueces County, dated June 29, 1950, recorded under Clerk's File No, 305876, Volume 476, Page 562, Deed Records of Nueces County, Texas. 16. Right of Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, recorded under Clerk's File No. 308674, Volume 481, Page 411, Deed Records of Nueces County, Texas. (Blanket) 17. EASEMENT AND RIGHT OF WAY dated February 22, 2008, executed by Villas Of Padre, LLC to AEP Texas Central Company, recorded under Clerk's File No. 2008013894, Official Public Records of Nueces County, Texas. (Blanket) 18. Terms, conditions, stipulations as set forth in the Declaration of Covenants, Conditions & Restrictions for The Villas of Padre, dated August 11, 2010, executed by Villas of Padre, LLC, recorded under Document No. 2010030219, Official Public Records of Nueces County, Texas, and any amendments thereto. 19. Terms, conditions and stipulations of the Owners Association as set forth in Declaration dated August 11, 2010, executed by Villas of Padre, LLC, recorded under Clerk's File No. 2010030219, Official Public Records of Nueces County, Texas. 20, Lack of means of access to and from a public road or roadway. 21. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. TRACT II: 22. Rights of parties in possession under any lease assigned by Grantor to Grantee. 23. Rights of tenants in possession under any and all outstanding lease agreements, recorded or unrecorded. 24. A stated 25' Building Line across the front of the subject property; and a stated 20' building line across the rear of the subject project, as shown by the map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County Texas. 25. Right -of -Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, File No. 308674, Volume 481, Page 411, Deed Records of Nueces County Texas. (Blanket) 26. Terms, conditions, restrictions, covenants and reservation contained in Deed dated November 11, 1982, from Padre Island Investment Corporation to Martha Palmer, File No. 296692, Volume 1846, Page 768, Deed Records of Nueces County, Texas. (LOT 18) 27. Terms, conditions, restrictions, covenants and reservation contained in Deed dated January 31, 1983, from Padre Island Investment Corporation to Diane Moody Freeman, et al, File No. 396228, Volume 1855, Page 237, Deed Records of Nueces County, Texas. (LOT 19) 28. Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens (provisions, if any, based on race, color, religion, or national origin are omitted) provided in the Protective Covenants and Landowner's Agreement recorded under File No. 793339, Volume 1335, Page 285; Agreement recorded under File No. 793340, Volume 1335, Page 294; amended under File No. 933464, Volume 1482, Page 1008 all in the Deed Records of Nueces County, Texas; Correction Amendment of Protective Covenants and Landowners' Agreement recorded under Document No. 2007017106, Official Public Records of Nueces County, Texas. Assignment recorded under File no. 233030, Volume 1788, Page 729, and ratification of Assignment recorded under File No. 246244, Volume 1800, Page 721 of the Deed Records of Nueces County, Texas. 5 29. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, when the claim is by, through or under Grantor but not otherwise. BY ACCEPTANCE OF THIS DEED, GRANTEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED OR STATEMENT MADE TO GRANTEE PERTAINING TO THE PROPERTY BEFORE OR AFTER THE EXECUTION OF THAT CERTAIN ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) DATED TO BE EFFECTIVE FEBRUARY 20 , 2015, BETWEEN GRANTOR. AND GRANTEE (THE "CONTRACT") HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF ANY SUCH STATEMENT OR. INFORMATION; AND (iii) GRANTOR SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, INCLUDING THE DISCLOSURE STATEMENT, REPRESENTATION, REPORT, COMMITMENT, SURVEY OR INFORMATION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE PROPERTY. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS AGREED TO PURCHASE AND ACCEPT THE PROPERTY IN ITS CURRENT, "AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATT ER OR CONDITION THAT COULD HAVE BEEN REVEALED BY GRANTEE'S INVESTIGATIONS. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE CONTAINED IN THIS DEED, GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE PROPERTY, THE INCOME TO BE DERIVED FROM THE PROPERTY, OR COMPLIANCE OF THE PROPERTY WITH, OR VIOLATION OF, ANY LAW, STATUTE, 6 ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WANED AND RELEASED BY GRANTEE. Grantee and Grantor expressly confirm and agree that the sales price has been adjusted and agreed upon by Grantee and Grantor in part as a result of Grantee's agreeing to purchase the Property in its current condition, and without any representation or warranties, express or implied, by Grantor as to the condition, habitability or fitness of the property. When the context requires, singular nouns and pronouns include the plural. AGREED AND ACCEPTED BY: SuperElite, LLC, a California limited liabili company Printed Name: ZJis51N12. C. if F --EM/ Its: M mf?,E STATE OF TEXAS By: William Lyle Presslor, Trustee of the Whittier and Washington Real Estate Trust dated January 18, 2011 COUNTY OF u' . es by, This instrument was acknowle ' : •11 William before me on n \ R� 2L` lliam Lyle Presslor, Trustee of the ' ' ittier end Was ington e l Estate rust dated January 18, 2011, in said capacity. COURTNEY LYNN HAYDEN MY COMMISSION EXPIRES April 13,2016 . . prat, Arl Notary Public, State of Texas �� My commission expires: �-! 1(0 7 C ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On AL 6 7, ZA IIrbefnre me_ Richard M Kinsall- Notary Public (insert name and title of the officer) personally appeared —511613111.-. C16..... C: 't� who proved to me on the basis of satisfactory ence to be the erson whose name -ishan rp l� � subscribed to the within instrument and acknowledged to me that hedey executed the same in his/I 0r authorized capacity(es), and that by his/i tarx signatureW on the instrument the personIw), or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 44( Signature ‘}114(Seal) RICKARD 11. KIHSALL COMM., 2101594 NOTW 1, PUIUC •CALIFolum W am MAMM Cow Mr meta ea Fn. H 1011 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on by , of SuperElite, LLC, a California limited liability company, in said capacity. Notary Public, State of Texas My commission expires: AFTER RECORDING RETURN TO: SECURITY TITLE 14602 S. Padre Island Dr. Corpus Christi, Texas 78418 GF# 155004024 -CH PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78411 I.ISTIIWHrrTIER & WASHINGTON RE TRUST-SUPERELITEISWD DOCX/ggg AFTER RECORDING RETURN TO: Security Title 14602 South Padre Island Dr. Corpus_ ti, T 78 GF# Doc# 2015013079 # Pages 10 04/09/2015 1:03PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $47.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUNTY CLERK NUTFCES COUNTY TEXAS Special Warranty Deed Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: tS et fcJvt G , 2016 Grantor: Elite Lender, LLC, a California limited liability company Grantee's Mailing Address: 4053 E. Morada Lane, Stockton, San Joaquin County, California 95212 Grantee: SuperElite, LLC, a California limited liability company Grantee's Mailing Address: 5466 Quashnick Road, Stockton, San Joaquin County, California 95212 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): Lot Thirty-three (33), Block One (1), PADRE ISLAND - CORPUS CHRISTI, SECTION D, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: 1. Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2016 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; shortages in area ; homestead or community property 1 or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (a) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (c) filled-in lands or artificial islands, (d) water rights, including riparian rights, or (e) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 2. The following Restrictive Covenants of record itemized below: File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas. File No. 246244, Volume 1800, Page 721, Deed Records of Nueces County, Texas. File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas. Document No. 828183, Official Public Records of Nueces County, Texas. Document No. 20070003 78, Official Public Records of Nueces County, Texas. Document No. 2007017106, Official Public Records of Nueces County, Texas. Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. 3. Rights of Parties in Possession under any lease assigned by Grantor to Grantee. 4. A 25' building line across the front of the subject property; a 25' mooring area adjacent to the rear of the subject property; a 20' building line along the rear of the subject property; and bulkhead lines and restrictive building lines; canals and waterways together with all bulkheads and/or retaining walls; alI as shown by map or plat thereof, recorded in Volume 35, Pages 24 and 25, Map Records of Nueces County, Texas. 5. Liens arising by virtue of the terms and conditions of that certain Agreement titled "Protective Covenants and Landowner's Agreement, Padre Island -Corpus Christi Section D, dated February 25, 1972, recorded under Clerk's File No. 793339, Volume 1335, Page 285, Deed Records of Nueces County, Texas, and amended by Clerk's File No. 933464, Volume 1482, Page 1008, Deed Records of Nueces County, Texas, and all amendments thereto. 6. 1,000 Foot Sand Dune Protection Line affecting the above described property, as established by the County Commissioners ofNueces County, Texas, dated October 23, 1973. 7. Any changes in the boundary lines of the above described property caused by erosion from the actions of the waters of the Gulf of Mexico. 8. The Rights, if any, of the State of Texas and/or the Public, individually and collectively, to the use of any portion of such property bordering on the Gulf of Mexico. 2 9. Any loss or liability arising from the loss of use or title to any portion of the subject property outside of the bulkhead line, as shown by map or plat recorded in the Map Records of Nueces County, Texas. 10. Short Form Lease dated February 2, 1983, by and between I.P.I., Inc., General Partner, and Kwik -Wash Laundries, Inc., recorded under Clerk's File No. 369058, Volume 1912, Page 497, Deed Records of Nueces County, Texas. 11. Terms, Conditions, Provisions and Easements contained in the Declaration of Condominium for Sand Dollar Studio Condominium, a Texas Condominium Project, dated March 13, 1984, executed by Sand Dollar Company, recorded under Clerk's File No. 365420, Volume 23, Page 17, Condominium Records of Nueces County, Texas. 12. Grant of Easement dated February 1, 2001, executed by Sand Dollar I Studio Condominium, Inc. to TCI Cablevision of Texas, Inc., recorded under Document No. 2001036588, Official Public Records of Real Property of Nueces County, Texas. (Blanket) 13. Right of Way to the United State of America under the Spoil Disposal and Right of Way Easement Deed dated August 21, 1947, executed by and between Array Colorado Navigation District to and with the United State of America, recorded under Clerk's File No. 250737, Volume 382, Page 307, Deed Records of Nueces County, Texas. (Blanket) 14. Right of Way Easement dated February 16, 1954, from Padre Island Development Company to Nueces County, recorded under Clerk's File No. 304484, Volume 474, Page 299, Deed Records of Nueces County, Texas. (Blanket) 15. All rights of the county of Nueces and/or the State of Texas, if any, under Agreement between Padre Island Development Company and Nueces County, dated June 29, 1950, recorded under Clerk's File No. 305876, Volume 476, Page 562, Deed Records of Nueces County, Texas. 16. Right of Way Easement dated August 1, 1950, from Padre Island Development Company to Central Power and Light Company, recorded under Clerk's File No. 308674, Volume 481, Page 411, Deed Records of Nueces County, Texas. (Blanket) 17. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever 3 lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, when the claim is by, through or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. AGREED AND ACCEPTED BY: SuperElite, LLC, a California limited liability compan By: Printed Name: JA -se, f t2- S• CifeEmI Its: M cu.�- M.e_LIY.134 Elite Lender, LLC, a California limited liability company By: OLL32 Prind Nam: Sp l s C,ime.Anda-- Its: ► ryv-c-A , STATE OF COUNTY OF This instrument was acknowledged before me on by , of Elite Lender, LLC, a California limited liability company, in said capacity. STATE OF COUNTY OF .fes M 4J- Notary1Public, State of My commission expires: This instrument was acknowledged before me on by , of SuperElite, LLC, a California limited liability company, in said capacity. 14-71"-A-Geo.4.AFT-- Notary Public, State of My commission expires: 4 0acFr;r RICK, p:. G4l4 �,: BQTARr ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On S�DC Oca Zm t before me, Richard M. Kinsall, Notary Public_ (insert name and title of the officer) personally appeared r€. S . fr who proved to me on the basis of satisfactory evidence to be the person(d) whose name(e) is/ape subscribed to the within instrument and acknowledged to me that heist tey executed the same in his/h a1r authorized capacity() 0, and that by his/lair signature(, on the instrument the person($ , or the entity upon behalf of which the person(.`acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature `--2 (Seal) ▪ 410 ti.• RICHARD M. K MSALL COMM.0 2101594 mp`4 Ef MORAYSAN JoA4UN COUNTY y1 ow MY Court, EAP, F. 27, 2019'' 3 p lit. W RALL 2101694 m CA.IFORNIA 111 CCLNtY "" AFTER RECORDING RETURN TO: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78411 m;'.ti,tillas thcicwd-133.docx.sam L5PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 306 Holly Rd, Ste. A Corpus Christi, Texas 78411 s Doc# 2016039334 # Pages 7 09/19/2016 12:27PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUN'iY CLERK NUECES COUNTY TEXAS LLC -7 1 Articles of Organization of a Limited Liability Company (LLC) To form a fim ted liability company in California, you can fill out this form, and submit for filing along with: — A $70 filing fee. — A separate, non-refundable $15 service fee also must be included, if you drop off the completed form. lmportantl LLCs in California may have to pay a minimum $800 yearly tax to the California Franchise Tax Board. For more information, go to https:llwww.ftb.ca.gov. LLCs may not provide "professional services," as defined by California Corporations Code sections 13401(a) and 13401.3. Note: Before submitting the completed form, you should consult with a private attorney for advice about your specific business needs. l 201426110351 FILED Secretary of State State of California SEPI 5 2014 This Space For Office Use Only For questions about this form, go to www.sos.ca,govlbusinessIbeifiling-tlps.htm. LLC Name (List the proposed LLC name exactly as ft is to appear on the records of the California Secretary of State.) 20 SuperElite, LLC Proposed LLC Nemo Purpose The name must include: LLC, L.L.C., Limited Liablity Company, Limited Liablily Ca., Ltd Liability Co. or Ltd. Lieblity Company; and may not include. bank. trust, trustee, incorporated inc., corporation, or corp., Insurer, or insurance company For general entity name requirements and restrictions, go to wmv.sos.ca.govlbusiness/belname-availabilify.him. 0 The purpose of the limited liability company is to engage in any lawful act or activity for which a Limited liability company may be organized under the California Revised Uniform Limited Liability Company Act. LLC Addresses 0 a. 4053 E. Morada Lane, Stockton b. CA 95212 Initial Street Address of Designated Office in CA - Do not list a P.0 Box City (no abbreviations) State Zip Initial Mailing Address of LLC, if different from 3a City (no abbreviations) State Zip Service of Process (List a California resident or a California registered corporate agent that agrees to be your initial agent to accept service of process in case your LLC is sued. You may list any adult who fives in California, You may not list an LLC as the agent Do not list an address if the agent is a California registered corporate agent as the address for service of process is already on file.) ® a. Jasbir S Cheema Agent's Nance b. 4053 E. Morada Lane, Stockton Agent's Street Address (if agent is not camoraion0 - Do not list a P.O. Box City (no abbreviations) Management (Check only one.) e The LLC will be managed by: One Manager V CA 95212 Slate Zip More Than One Manager All Limited Liability Company Member(s) This form must be signed by each organizer. If you need more space, attach extra pages that are 1 -sided and on standard letter -sized paper (8 x 11'). All attachments are made part of these articles of organization. Orga, rl }: e`rStgn her Make check/money order payable to: Secretary of State Upon filing, we will return one (1) uncertified copy of your filed document for free, and will certify the copy upon request and payment of a S5 certification fee. Jagdeep Hansra Pnnt your name here By Mall Secretary of State Business Entities, P.O. Bax 944228 Sacramento, CA 94244-2280 Corporalions Code §§ 17701.04. 17701 08, 17701.13,177r12.01. Revenue and Taxation Code § 17941 LLC -1 (REV 01/2014) Drop -Off Secretary of State 1500 11th Street., 3rd Floor Sacramento, CA 95814 2014 California Secretary of State wsnvsos,ra.gov/businesslbe State of California Secretary of State L14.01, STATEMENT OF INFORMATION (Limited Liability Companyi Filing Fee $20.00. If this is an aniend'11ent see instructions. IMPORTANT READ INSTRUCTIONS BEFORE COMPLETING THIS FORM I. LIMITED LIABILITY COMPANY NAME S _ PERELITE, LLC 4053 E MORADA LANE STOCKTON, CA 95212 File Number and Slate or Placa of Organization L E.CRETARY OF STATE FRE UW.1EJE SE.CRF.TARY OF STATE FRE NUMBER 3. 51ATE ORPIACI;OFCROANIZATlON{H(emir+JrnrlsitleolCi,tfama) 201426 11035 CA This Erkrca Fnr Fit r,+) lU33 C n!•j Nc Chang© Statement .t. If there have been any changes to the information contained in the fzist Statement of Information filed with the California 3ecn:tar/ of Slate, or no Statement of Information has been previously filed, this form must be completed In it.; entirety. DD If there has been no cnang_ in any of t i irfcrn=alien ca -stained in the fast Statement of Information hied yr In the California ar,;:r,,tari of State, check the box ar.d proceed lo Item 15 Complete Addresses for the Following {Co not ahllroiiare Rta narrc of thu r:l^r. Items 5 and 7 cannot be P.O. Bc):::-.) STREET ADDRESS OF PRINCIPAL OFFICE CI1'r srmr: 21P t:IwiE 4053 E MORADP LANE STOCKTON, C4 95212 3. MAILING ADDRESS OF LLC, IF CIFFEAENT rr:AN ITFF.I 5 CIF}'—W ir'.lE P �:p_J- �— S1P,EE , :rte' DREGS OF CALIFORNIA oFFI.:F 'EO5 3 E MORADA LANE I I Name and Complete Address of the Chief Executive Officer, If Any ]. Nfd"AE r 101IESS CITY IILITE. zip :Eng: STOCKTON CA 95212 I, irlq ti I I! Il : ,r I. is f .TT i -- I 7 Il f i Ii Clrr 5rglr: Zirr:oDti Name. and Complete Address of An} Manager or Managers, or if None Have Seen Appointed or Elected, Provide the Name and Address of Each Member (Attach additfcnaf pages, i! nece .,arp.) 3 I'LAME ADDRESS CITE JASBIP, CHEEMA 9053 E MORADA LAMEsans zip .:c. STOCKTON, r�,a 9522 12 111 N/JAE ADDRESSC1tr :3r47EJP ;riff: I NAME ACJCR.SS clrr :irr,re zip r;OCli Agent for Service of Process If the agent is nn Ir �ivid i i1, the agent must reside in Califortiksar:.1 Ilei 13 hast be comalela7 with a C.itfomia tddress..1 P O, Ecx 15 not ac:eptabre. If the agoat's a cor~,.orati,n, iI i agent nut hove on Ile with the Cafifnrn n Socralary os Stato a certificate pereuant 'a Call'onnia :3-porati:ns Code sec' on 15.05 aid Item 3 nrnn' :ig Ielt plank, 1d. NA?. E OF AGENT FOR SERVICE OF PROCESS JAS3IR CHEEMA 1 I S1 FEET ADDRESS OF AGENT FOR SERV16:. LW N=7t:CESS Ir: CALIFORN4\, IF Ali IfJSIVIDuAL CI r 4053 E v1ORADA LANE sr.;71_ zuPt:o2t: STOCKTON CA 95_1,2 Type of Business I 1 DESCRIBE THE T1'PE OFBUSINESS CF THE LIMITED LIASIEJ1Y REAL ESTATE 11. THE INFOfILIATEO+r CONTAIr1EC HEREIN It.C1.UJIt-I u : ,4T TACH :+,E; i 5 l i 1 RLE At4D CORRECT. 02/17/2015 JASBIR CHEEMA _ _ __ _ _ MANAGER GATE TYPE ORPRINTt1A1,1F :Frt.RSOt1COMPLETING"HEro M ��—� TITIi:��—'_ _ C +.2 lnEv o1 2014) PREPARED 10/21/16, 11:54:56 PAYMENTS DUE INVOICE City of Corpus Christi PROGRAM PZB21h PROJECT NUMBER: 16-10000040 14826, 14836 AND 14846 GRANADA - RM-AT/P FEE DESCRIPTION AMOUNT DUE REZONING FEE 1 - 9.99 ACRES ZONING SIGN FEE PUD APPLICATION FEE TOTAL DUE 1692.50 10.00 825.00 2527.50 Please present this invoice to the cashier with full payment. taper: CORPDPF Type: GC Drawer: 1 Date: 10/21/16 55 6 Receipt no: 239189 2016 100PZ PLANNING/ PLANNING 8 ENG 1.60 19379746 Trans number: MULTIPLE TENDER 48 GRANADA Trans date: 10/21/16 Time: 12:00:23 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 31, 2017 Second Reading for the City Council Meeting of February 14, 2017 DATE: TO: January 25, 2017 Margie C. Rose, City Manager FROM: Gene Delauro, Building Official, Development Services GeneD(c�cctexas.com (361)826-3025 Thru: Julio Dimas, Interim Director, Development Services Department JulioD(c�cctexas.com (361) 826-3276 Ordinance amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities CAPTION: Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date. PURPOSE: To revise the ordinance to authorizes the City to test, repair, replace and/or certify delinquent backflow device(s) and place the associated cost of the work on the property owner's utility bill for payment. This work could be done by the City or a third -party as needed. BACKGROUND AND FINDINGS: Existing ordinances do not provide an effective way to enforce the requirement for testing and certification of backflow assemblies other than the termination of water service. This is not a reasonable action in certain situations such as when the property is being leased/rented from an Owner who is not responsive to the multiple City notifications. The failure to test and certify backflow assemblies in accordance with current requirements requires the City to test and certify delinquent backflow assemblies to ensure their proper operation and mitigate risk to the City's water system. ALTERNATIVES: Denial or alterations of the recommended changes. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The recommended changes comply with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and/or replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date Whereas, by Ordinance No. 030847, the City of Corpus Christi adopted the 2015 International Plumbing Code, the 2015 International Building Code, and the 2015 International Residential Code, on May 17, 2016, each as modified by said ordinance and are referred to herein as the City Plumbing Code, the City Building Code and the City Residential Code; Whereas, Texas Local Government Code Section 552.001 (b) provides that a municipality may operate a utility system inside or outside the municipal boundaries and may regulate the system in a manner that protects the interests of the municipalities; Whereas, the City Plumbing Code, the City Building Code and the City Residential Code contain requirements for the installation and testing of backflow prevention devices for the protection of the municipal water supply; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 7 Plumbing Code, Section 14-281, subsections (11) and (13) be amended to read as follows. Sec. 14-281. - Plumbing code. "With the following additions, deletions and revisions, the International Plumbing Code, 2015 Edition (including Appendix B Rates of Rainfall for Various Cities, Appendix C Structural Safety, Appendix D Degree Day and Design Temperatures, Appendix E Sizing of Water Piping (see International Plumbing Code Section 101.2, 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: (11) follows: Section 312.10 of the International Plumbing Code is revised to read as 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Section 312.10.1. 1 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, immediately after repairs, and at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state -licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. (13) Section 608.1 of the International Plumbing Code is amended by adding new subsections 608.1.1 and revised subsection 608.1.2 to read as follows: 608.1.2 Failure to report test result. Upon the failure of the utility customer to report the result of the required test and certification of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device to be tested and repaired with all associated charges to be placed on the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test and certification that the backflow prevention device is operating in accordance with specifications." Section 2. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 2 — Building Code and Existing Building Code, Section 14-231, subsection (7) regarding Governmental Property and regarding Industrial Work be revised to read as follows. "Sec. 14-231. - Building code. With the following additions, deletions and revisions, the International Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Building Code for the City of Corpus Christi: (7) Section 105.2 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections for Government Property and Industrial Work to read as follows: Governmental Property: 1. No permit is required within and on the premises within the control and supervision of the state or federal government and where the installations will 2 be a part of the facilities operated, maintained, and controlled by the state or federal government. 2. When city inspections are not provided, all connections to the city water system must be equipped with backflow prevention devices in accordance with city codes. The backflow prevention devices must be tested and certified to be operating within specifications by a State -licensed backflow prevention assembly tester with test results reported upon initial installation and at least annually thereafter to the City Manager or designee. a. The water superintendent and the building official will determine the type of backflow prevention device necessary to prevent backflow and back siphonage. b. To assure the connection, the building official has the right to inspect any installations connected to the city water system to the point of the valves or safety devices, and failure to install, test or timely provide test results, or maintain in good operating condition the device authorizes the city to refuse to connect or authorize the city to disconnect the installation connection from the city water supply system. In addition, the city may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill. Industrial Work: 1. A permit is not required and no inspections will be performed by the city relating to the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: a. The industrial facility or industrial processing unit occupies a site of 20 or more contiguous acres. b. The industrial facility or industrial processing unit is inaccessible to the general public. c. The construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit is under the observation and direct supervision of a licensed professional engineer. The industrial facility or industrial processing unit is used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products. d. The industrial facility or industrial processing unit may store materials that will be used in or produced by the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes. 2. In order to qualify for an industrial exemption under this subparagraph, a professional engineer licensed in the State of Texas must certify at the 3 beginning of each calendar year that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year complied with the technical construction codes. a. The affidavit must contain sufficient information that the industrial facility or industrial processing unit is entitled to the exemption requested. b. The affidavit must affirm that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year were performed under the direct supervision of a professional engineer licensed in the State of Texas. The affidavit must be accompanied by a site plan of a scale sufficient to delineate the industrial facility or processing unit in relation to any surrounding buildings or structures. Any connections to the city's water or wastewater systems must be shown on the site plan. c. The affidavit must be on a form provided by the building official. d. The licensed professional engineer who completes, signs, and seals the affidavit must certify that all improvements meet the intent or spirit of the city's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 13 of the Code of Ordinances of the city. 3. Any building or structure, which is not principally used in the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes, is not exempt, and permits and inspections are required for any construction, modification, alteration, or improvement to the building or structure. 4. All connections between an industrial facility or industrial processing unit and the city's water system must be equipped with backflow prevention devices, which will prevent backflow and back siphonage. a. All reduced pressure backflow preventers, pressure type vacuum breakers, and double check valve assemblies must be inspected and certified to be operating within specifications on an annual basis by a State -licensed backflow prevention assembly tester to the building official with test results to be reported annually to the City Manager or designee. b. The inspections operations City havc has the right to inspect any connections to the city's water system, including any valves and backflow prevention devices. c. If the owner or operator of an industrial facility or industrial processing unit fails to install, test or timely provide backflow test results, or maintain valves and backflow prevention devices in good operating condition, the city may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the city's water supply system. In addition, the City may authorize the backflow prevention 4 device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill. 5. Nothing in this section may be construed to waive or exempt industrial sites from the provisions of any other provision of the Code of Ordinances or any other ordinance of the city. Agricultural Uses: 1. Permits and inspections are not required for installations, alterations, additions, changes, or repairs within the scope of this code to any structure, which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten (10) acres or more in area within the city at the time of annexation as long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use 2. Any agricultural building or structure used for residential occupancy or connected to utility services may not be exempt under this section from the requirements for permits and inspections. Section 3. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 8 Residential Code, Section 14-291, subsection (12) be revised to read as follows. "Sec. 14-291. - Residential construction code. With the following additions, deletions and revisions, the International Residential Code for One- and Two -Family Dwellings, 2015 Edition (including Appendix E, Manufactured Housing Used as Dwellings, Appendix H, Patio Covers, Appendix J Existing Building and Structures, (see International Residential Code Section R102.5, 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the Mayor and City Secretary of the City of Corpus Christi, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: (12)Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.1, P2503.8.2 and P2503.8.3 to read as follows: P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check -valve assembly backflow preventer, double -detector check -valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter 5 to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within ten (10) days of the testing. P2503.8.2 Failure to report test result. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test and certification that the backflow prevention device is operating within specifications. P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least -once every three (3) years by a Backflow Prevention Assembly Tester and reported to the City Manager or designee. Reduced pressure principle backflow preventers, double check valve assemblies, double -detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested by a Backflow Prevention Assembly Tester at the time of installation, immediately after repairs or relocation and at least annually with test results reported to the City Manager or designee. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required passing test. Section 4. Chapter 55, Utilities, of the Code of Ordinances of the City of Corpus Christi, Texas, Section 55-37 is amended to read as follows: Sec. 55-37. Reserved. Procedures for installation, testing, repair, and replacement of backflow prevention devices and associated billing (a) The City Plumbing Code, City Building Code, City Residential Code, and State laws and regulations establish requirements for installation and testing of backflow prevention devices for protection of the municipal water supply. The utility customer is responsible to install and maintain the required backflow prevention device in accordance with said Code and regulations and as further provided in this section. For purposes of this section, the City Plumbing Code, the City Building Code, and the City Residential Code refer to said codes as adopted by City Ordinance 030847, as amended from time to time. (b) Backflow prevention devices must be tested as required by Corpus Christi Code by a State -licensed backflow prevention assembly tester to be certified to be operating in 6 accordance with applicable standards, with the test results to be provided to the City Manager or designee. (c) The City may inspect, install, repair and/or replace the backflow prevention device required by this section, adopted codes, state or federal laws or regulations to protect the City's water supply from potential contamination. The City may also contract with an entity to perform any of the aforementioned activities. (d) If a test result is delinquent or shows a failing backflow prevention device, the City is authorized to repair and/or replace or contract for the repair and/or replacement of the backflow prevention device and may also authorize the disconnection of water service to the property. If the City performs the installation, testing, repair and/or replacement, then the charge for the installation, testing, repair and/or replacement of the backflow prevention device will be charged to the utility customer receiving utility service at the property. (e) A utility customer may authorize the City to inspect, install, repair, and/or replace a backflow prevention device, regardless of delinquency or failure thereof. A utility customer may further be presumed by the City to have issued said authorization after the City issues the utility customer a notice of said customer's rights and gives the utility customer 30 days to object to such presumed authorization. (f) The provisions of this section shall apply to the provision of water provided to customers, other than wholesale customers, inside and outside the City limits unless otherwise contradicted in a written contract to supply water to said outside City limits customer. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. Section 6. The regulations adopted by this ordinance are found and determined to be necessary for the protection of the City's water supply as authorized by Texas Local Government Code Section 552.001. Section 7. Penalties for violation of this Ordinance are established in Section 14-207 of the Corpus Christi City Code of Ordinances which provides for a fine of up to $2,000.00 per day. Section 8. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been acted 7 by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 9. This ordinance takes effect on publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor 8 Backflow Cross Connection Recommendations Council Presentation January 31, 2017 Revisions included in Ordinance 1. Allow the City to test and certify delinquent commercial and residential backflow assemblies. This can be done by City staff or third -party as needed. 2. Appropriate charges for testing, repair or replacement to be placed on Customers Utility Bill. Note: Testing and certification for residential irrigation backflow prevention assemblies remain at a three year cycle. All commercial assemblies are currently required to be tested and certified on an annual basis. Questions Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 14, 2017 Second Reading Ordinance for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Park Operations StacieT(c�cctexas.com (361) 826-3476 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreement to Manage and Operate the Al Kruse Tennis Center CAPTION: Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a term of 36 months with up to two additional 12 -month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. PURPOSE: Staff is recommending a service agreement with TOPS Tennis LLC to manage and operate the Al Kruse Tennis Center in order to increase revenue for the Corpus Christi Park and Recreation Department. BACKGROUND AND FINDINGS: The Al Kruse Tennis Center is located at 502 King Street in Corpus Christi, Texas 78401. The Center had been under a contract and lease agreement with Tennis Pro Susan Shelby Torrance until she recently retired. At that time, Park and Recreation secured a temporary agreement with a local tennis instructor to continue partial operation of the Al Kruse Tennis Center until such time as a new solicitation could be processed and a new contract awarded. The request for proposals (RFP) was advertised issued October 7, 2016 and a pre - proposal conference was held October 14, 2016. Five proposals were received November 18, 2016; however, one was submitted late and was deemed nonresponsive and a second one was deemed non responsive as it failed to meet the RFP requirements. The remaining three responsive proposals moved on in the process and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firms experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. The final scores ranged from a low of 54 to a high of 76 and staff recommends awarding a service agreement to TOPS Tennis LLC for the full operation and management of the tennis center. ALTERNATIVES: No viable alternative exists OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $37,992.00 $91,814.00 $129,806.00 Encumbered / Expended Amount $12,351.00 $0.00 $12,351.00 This item $22,162.00 $91,814.00 $113,976.00 BALANCE $3,479.00 $0.00 $3,479.00 Fund: General Comments: The future years financial impact include 29 months of service, the first 7 months are budgeted in 2016-2017 Fiscal Year. RECOMMENDATION: Park & Recreation staff recommends the approval of the service agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Form 1295 Evaluation Matrix Informal Staff Report dated 1-12-17 Informal Staff Report dated 2-8-17 Ordinance authorizing the City Manager or designee to execute a service agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a term of 36 months with up to two additional 12 -month extension option periods; the City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee to execute a concession agreement with TOPS Tennis LLC, Dallas, Texas for Management and Operations Service for Al Kruse Tennis Center for a period of 36 months with up to two additional 12 -month extension option periods. SECTION 2. The City will pay the Contractor $3,166.00 per month for an estimated annual total of $38,000.00, and the Contractor will pay the City 5% of all Pro Revenue and 50% of collected City Revenue in return for managing and operating the Al Kruse Tennis Center. SECTION 3. The concession agreement term commences by the issuance of a notice to proceed to the Contractor. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 2017 ATTEST: Rebecca Huerta Mayor City Secretary SERVICE AGREEMENT NO. 935 AL KRUSE TENNIS CENTER MANAGEMENT THIS Al Kruse Tennis Center Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and TOPS Tennis LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Al Kruse Tennis Center Management in response to Request for Bid/Proposal No. 172 ("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 Al Kruse Tennis Center Management ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month, the initial monthly invoice shall be paid on pro rata basis. The Contractor will also receive 50% of City Revenue and 95% of the Pro Revenue as stated in the RFP as amended. The Contractor may receive a $500 quarterly productivity award as provided in the RFP as amended. Page 1 of 8 4. 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. 5. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361) 826-3498 BeckyP©cctexas.com 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 7. 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 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 8. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 9. Warranty. 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. 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. 10. 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. 11. 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. 12. 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. Page 3 of 8 13. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 14. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 15. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 16. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 17. 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: Becky Perrin Assistant Director, Parks & Recreation 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: TOPS TENNIS LLC Attn: Chris Foltz Executive Director 3702 Frankford Rd. #4304 Fax None Page 4 of 8 18. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 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. 19. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The Page 5 of 8 City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 20. 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. 21. 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. 22. 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 and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 23. 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. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 6 of 8 (SIGNATURE PAGE FOLLOWS) Page 7 of 8 CONTRACTOR Signature: C Ir w Printed Name: C n'1,,, -N-e. qxe6. ,,.4;.rc, r -C, Date: / ~ I / / CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment 0: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 172 Exhibit 2: Contractor's Bid/Proposal Response Page 8 of 8 Attachment A: Scope of Work 1. General Requirements A. The Contractor will operate and manage the City of Corpus Christi's Al Kruse Tennis Center("The Center") located at 502 King Street, Corpus Christi, TX 78401. B. The City will pay the Contractor $3,166.00 per month, payable monthly by the tenth business day of each calendar month during this contract for this service for an annual total of $38,000.00. The Contractor will also receive 50% of revenue later defined as City Revenue. Any fee due after fiscal year 2017, is subject to appropriation by City council in the applicable fiscal year budget. C. Contractor shall be granted the exclusive right to operate and collect 95% of the revenue from a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 2. Scope of Work A. Contractor shall operate the tennis center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate, manage, and maintain the Center, including without limitation, all activities in the locker/restroom. C. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. D. Contractor shall provide fidelity bonds for Contractor and any employees who handle cash or credit cards. These bonds must be provided to the Contract Administrator and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this agreement and any holdover period. These bonds must assure payment to the City of all City revenue collected by Contractor and Contractor's employees on behalf of the City and the prompt payment of five (5%) percent of Contractor's revenue, including Lesson Revenue, to which City is entitled. E. At City's cost, Contractor and any assistants, sub -contractors or support personnel shall complete a national background history check with the City prior to instructing. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. F. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances on premises or report to work under the influence of same. Contractor and its employees shall use language and conduct that is suitable to families and youth. G. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. H. Contractor shall adequately publish and enforce all rules and regulations governing the playing of tennis, fees and all other activities, as may be conducted at the Center. I. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. J. Contractor must maintain and promote a continuing program to attract citizens and tourists to use the Center, particularly weekend play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for must be posted and filed with the Contract Administrator. K. Contractor shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. L. Contractor shall provide promote the game of tennis through youth programs. M. Contractor must submit to the Contract Administrator, each month, a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. N. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. 0. Contractor shall be responsible for providing all necessary supplies to operate and manage the tennis center. The Contractor may collect and retain rental fees for the utilization of their equipment such as ball machines. P. Contractor shall be responsible for picking up trash generated by use of the Center for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. Q. Contractor shall make no alterations to the Center without the Contract Administrator prior written approval. R. The City is responsible for all Center maintenance and minor repairs at the Center. Contractor shall allow the City or its designee's entrance during normal operating hours for the purpose of maintenance. In consideration of this, it is agreed that the Contractor must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. S. Contractor shall make a minimum of four tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. T. Contractor must collect and deposit specified City and Pro Revenue daily into the City's account. City Revenue is defined as all court fees, permit fees, locker fees, and other City charges at the then current rate set by the Contract Administrator. City Revenue does not include any Pro Revenue. Pro Revenue is defined as all gross revenue received from the Pro Shop or for the use of the Center, including but not limited to, tournaments, league play, summer camps, merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Contractor provides the Contract Administrator with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Contract Administrator prior to the sale. Pro revenue also includes Lesson Revenue. Contractor has the exclusive right at the Center to give, or authorize tennis lessons, camps, or other forms of teaching sessions. If any person receiving tennis lessons does not have a tennis permit, Contractor must charge a court fee for each lesson provided, which will be deposited as City revenue. U. Contractor must deposit, daily, fifty percent (50%) of City Revenue and five percent (5%) of Pro Revenue, together with daily cash register tapes and the daily report at the City's designated depository. V. Contractor shall be granted the exclusive right to operate a Pro Shop at the Center including the right to: 5. Sell Merchandise 6. Rent rackets, ball machines, buckets of balls 7. String and repair rackets 8. Operate a food and drink concession 3. Productivity Review A. Tennis facility productivity reviews will take place quarterly; four times per contract year to review items for a $500.00 "Productivity Award". B. The Contractor will be scored annually on the six items below. If the Contactor rates 85% or higher on each of the six items the Contractor is eligible to receive a Productivity Award. The award may be awarded at the discretion of the Contract Administrator. 1 Programming - Types/levels and times of programs being offered; number of participants; any partnerships with local association groups or schools. A breakdown on the type of tournament and court hours used for adults, junior, leagues, mixers/social groups and tournaments. During the review, the Contractor must bring all programing information above and/or present documentation that an effort was made to offer these services. 2. Customer Service - A customer service survey must be made available to all participants of the facility. Surveys or copies of any completed surveys will be turned in quarterly. Receiving low scoring surveys or customer service complaints will not necessarily result in a "Needs Improvement" rating. During the review, Contractor should bring proof of surveys sent out to participants, date they were sent out and address of all participants that took part in surveys. 3. Maximizing Court Usage - Daily court reservation sheets shall be maintained. During the review, Contractor must turn in quarterly report of courts reservation sheets to be reviewed. 4. Court Revenue - Quarterly revenue targets will be reviewed and the timely reporting of deposits made to the City. Revenue targets will be derived from a three year court fee revenue average that will be broken down by months. During the review, the City will determine if the Contractor met the targets. If the Contractor does not meet the target he/she must provide documentation as to why these goals were not met. 5. Facility Audits - Random facility audits will be made during each quarter. Areas to be reviewed are: cleanliness of pro shop, court maintenance, fire safety compliance, and hours of operation. See Exhibit 1 - Tennis Centers Facility Inspection Form. Contractor must maintain an 85% rating or better. 6. Community Involvement - Contractor shall provide information on any community outreach during each quarter. Such as: teacher in-service, free clinics, presentations at neighborhood associations, schools, churches, volunteering, etc.. During the review, the contractor must provide documentation from any meetings attended or printed material from presentations or flyers from any programs that were offered. 4. Grading Factors A. Contractor shall maintain an 85% or above on each of the six areas listed under the Productivity Review to receive the Productivity Award. B. If the Contractor does not meet expectations on one or all of the six area items, the Contractor will receive a "Needs Improvement" rating and will be given the opportunity to raise this to a passing grade. C. If the Contractor consistently receives a "Needs Improvement" under 85% on their quarterly review, the future renewal options and/or considered default of contract. 5. Record Keeping A. Contractor shall furnish to the Contract Administrator a certified monthly statement of Pro Revenue on or before the tenth day of each month during the contract term. The Contract Administrator will approve the statement form prior to commencement of the Contract. B. Contractor shall keep accurate books of account of all Pro Revenue collected. The books of account will be open for inspection, copy, or audit by the City Manager, or designee, at all times. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. C. Contractor shall have all underlying documentation for Pro Revenue, Lesson Revenue, City Revenue and Contractor's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like must be preserved by the Contractor during the Contract term. Request for Proposal No.: Event 172 Addendum No.: 1 October 21, 2016 Request for Clarification Question No. 4 Question: How is the electricity, Internet and cable bill handled in the pro shop? Response: The City of Corpus Christi pays for the electricity. The Contractor is responsible for Internet and cable costs. Attachment B: Bid/Pricing Schedule Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month, the initial monthly invoice shall be paid on pro rata basis. The Contractor will also receive 50% of City Revenue and 95% of the Pro Revenue as stated in the RFP as amended. The Contractor may receive a $500 quarterly productivity award as provided in the RFP as amended. Attachment C: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 CRIME $500,000 per occurrence PROPERTY 1. Replacement cost Contractor will be responsible for providing property coverage for any and all damage to personal property or equipment, regardless if owned, rented, leased or borrowed that is stored on-site. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Purchasing Al Kruse Tennis Center Management 10/25/16 gms Risk Management Attachment D: Warranty Warranty is not applicable for this service. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are ,nterested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TOPS Tennis LLC Dallas, TX United States Certificate Number: 2016-128820 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 10/25/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 172 Provide tennis management services for Al Kruse Tennis Center 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT STEVE FOLTZ Notary Public. State of Texas �.. /;= My Commission Expires ,,' August 15, 2017 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ( .L rt r 6 11 Z_ this the /67 day , of f 20 /7 , to certify which, witness my hand and seal of office. •!de /---, Z 11004v Signature of o r admi istering oath Printed name of officer administering oath Title of offi r dministering oath Forms nrnvideri by Tpyac Pthirc r nmmieoinn .ethtcs.state.tx.us Version V1.0.277 Al Kruse Tennis Center Management RFP 172 Proposal Evaluation p S - All American Tennis TOPS Tennis LLC Ronald Elizondo Gerald Tjon-A-Joe Halloday Tennis Evaluation Criteria Minimum Qualificafions Pass Pass Fail Pass Fail Member of the USTA and certified as a USPTA Professional 1 or Master Professional or a USPTA Professional. Operated continuously for a minimum of five years providing Tennis Center Management Services. No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided X X X X Technical Proposal Technical Proposal (50 points) 40 32 0 31.5 0 Experience Team Experience Understanding of Project Scope Interview Technical Proposal (50 points) 32.5 44 0 22.5 Experience Team Experience Understanding of Project Scope Total 72.5 76 0 54 0 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Jay Ellington, Interim Assistant City Manager From: Stacie Talbert Anaya, Interim Director of Parks & Recreation From: Kim Baker, Assistant Director of Financial Servicesp5 Date: January 12, 2017 �� Subject: Al Kruse Tennis Center Tennis Professional Contract Issue/ Problem It has been brought to staffs attention that an entity or individual who submitted a proposal for consideration of the Al Kruse Tennis Center Tennis Professional Contract has approach a councilmember (s) regarding the award. Background & Findings The Parks and Recreation Department, in conjunction with the Purchasing Department, issued a Request for Proposal (RFP) to identify a tennis professional or company to operate the Al Kruse Tennis Center on October 7, 2016 with a closing date of November 18, 2016 at 3:00 pm. Proposals have been reviewed and staff is currently preparing an agenda item to come before City Council for approval of the contract. The agenda item is scheduled to be on the January 31, 2017 City Council meeting for the first reading and February 14, 2017 City Council meeting for the second reading. Section 3.13 of the RFP — Disqualification or Rejection of Proposals of the RFP specifically states that a proposer may be disqualified if they fail to adhere to generally accepted ethical and professional principles during the process. Section 3.27 -- Proposer's Ethical Behavior further clarifies expectations of the proposers during the process and states that they may not attempt to lobby or influence a vote recommendation through contact with City Council members. By contacting a City Council member prior to introduction of the agenda item pertaining to the contract, any proposer is disqualified from consideration for the award of the contract. Conclusion AI Kruse Tennis Center Tennis Professional Contract pg 2 Please refer any questions or concerns from proposers or other parties pertaining to this RFP process to Stacie Talbert Anaya, Interim Director of Parks and Recreation at staciet@cctexas.com or Kim Baker, Assistant Director of Finance — Purchasing. INFORMAL STAFF REPORT MEMORANDUM TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Interim Assistant City Manag DATE: February 8, 2017 SUBJECT: Al Kruse Tennis Center Solicitation Investigation: As directed by the City Manager, the Interim Assistant City Manager conducted a fact finding investigation which included: reviewing the Purchasing Department's specifications and process for issuing RFP's, the process for scoring proposers to the RFP, the review process for proposers who met the minimum qualifications, and reviewing the signed petition, citizens comments and interviews. Issue/Problem: Although the City's solicitation language prohibits contact by proposers/bidders, the short term contractor recently contacted City Council members about not being recommended for award of the new contract that is scheduled to be heard by Council in February. In addition, a person representing the incumbent is also contacting Council members and staff questioning why the incumbent was not being selected. The following addresses these issues and concerns to include discussion, conclusions and recommendations. Backgrounds and Findings: Ronald Elizondo, a tennis pro, was selected to take over the existing short term contract when the former contractor running the center retired. A short-term professional services contract was issued to Mr. Elizondo in June of 2016 for a six-month period that contained a drastically reduced scope necessary to keep the tennis center open until such time as a new solicitation could be developed and new contract awarded. Staff were clear that Page 1 of 2 this was a temporary contract and that five years of experience would be needed to obtain the permanent contract. This requirement was also in the previous two solicitations that were issued in 2013. A request for proposals (RFP) was publicly advertised and open for proposals in October of 2016 for the full services of operating the tennis center which includes the operation of the Pro Shop. The RFP contained a set of instructions to be followed. The RFP also contained set evaluation criteria, including minimum requirements that the proposers would need to meet, and an applicable point system that the proposals would be evaluated upon. A pre -proposal meeting was held October 14, 2016 to discuss the requirements of the solicitation. Mr. Elizondo did not attend this conference. A period for questions was allowed and all responses to those questions were sent to all participants. Proposals were due in November of 2016. Five proposals were received, one of which was past the deadline and therefore deemed non responsive, a second one belonging to the incumbent was submitted on time but was also deemed non responsive for failing to comply with a number of required areas of the RFP (for example, failing to follow RFP instructions, lack of required information and less than five years of experience). The remaining three went on to be evaluated by the selection committee, which included an interview to confirm understanding of the scope. These proposers' scores were then tallied and ranked and ranged between a low of 54 points to a high of 76 points. Staff is recommending award to the highest ranked proposer. In our follow up to citizen concerns, the Interim Assistant City Manager E. Jay Ellington, held meetings with Mr. Elizondo and Mrs. Beaty. Mr. Ellington reviewed the petition signed by 188 users of the center and was informed by Mr. Elizondo that he did not have the required 5 years of pro -shop operation experience that was required. This requirement has been a part of our specifications for the last two RFP issuances for tennis center operators. Conclusion: In conclusion, we understand that Mr. Elizondo is concerned about no longer having the contract at the Al Kruse tennis center as a tennis pro, however a procurement process was followed that was fair and without bias to select the most qualified firm to run this center. The department has a need for a company that is experienced in running a center that includes a pro shop that generates revenue for the City. Staff stands behind the recommendation to award the contract to the company that was deemed most qualified and provides the best value to the City and its citizens. Should there be any further questions or concerns about this issue, please contact Stacie Talbert Anaya, Parks and Recreation at 361.826.3476 or email at staciet@cctexas.com or Kim Baker, Purchasing at 361.826.3169 or email at kimb2@cctexas.com. Page 2 of 2 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 14, 2017 Second Reading for the City Council Meeting of February 21, 2017 DATE: January 20, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Granting a Revocable Easement and Temporary Construction Easement on four (4) City owned properties CAPTION: Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. PURPOSE: The ordinance conveys a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to allow construction of a pipeline on four City owned properties, three near Hearns Ferry Road in Nueces County and one on U.S. Highway 77 in San Patricio County. It also appropriates the compensation into the applicable accounts for City use. BACKGROUND AND FINDINGS: DCP Sand Hills Pipeline, LLC (DCP) is preparing to construct a 68 mile, 10 -inch high pressure natural gas line from Flint Hills Refinery in Corpus Christi to Three Rivers and has requested easements from property owners along the route. DCP identified approximately 185 parcels, four owned by City as shown on the attached Exhibits. Three City parcels are near Hearns Ferry Road where the City police shooting range is located. The fourth parcel is in San Patricio and used for the Mary Rhodes Pipeline. The proposed pipeline is planned at a minimum depth of 48 -inches with construction by a combination of "open cut" trenches and horizontal directional bore. There will be no valves or other fixtures within the City's properties. The scope and locations were coordinated and approved by City's Water Department, Police Department, and Department of Engineering. The total compensation value of the revocable easement and temporary construction easement was calculated by the City Land Acquisition staff in the amount of $97,145.58. The value was based on three variables; pipe size (diameter), pipe length, and easement surface area. These type easements are typical for oilfield applications using a "per rod" or "per foot" unit value of $2.00 per inch of the outside diameter for each pipe. The easement values are calculated based on the surface area and discounted against the property value at 75% for revocable easements with only 12% for temporary construction easements per year. The easement surface area varies with the locations and maintenance access requirements for each parcel. The City properties were appraised at $1.50 per square foot. The following apportionment method and calculations are consistent with previous Revocable Easement conveyances granted by the City across City land: A) Pipe Size, Length, and Quantity Fee: 10 -inch pipe X $2.00/inch/foot $20.00/foot X 1,356.52 feet = $20.00 per foot = $27,130.40 B) Revocable Easement area fee (75% of the property value of $1.50/SF): 40,759 total SF x $1.13 (property value) = $46,057.67 C) Temporary Construction Easement fee (12% of the property value of $1.50/SF): 60,639 SF x 12% x $1.50 (property value) = $10,915.02 per year $10,915.02 per year / 2 (6 month project) = $5,457.51 (Planned construction duration is less than 6 month per parcel) D) Additional compensation (Cathodic Protection): New anode bed and test station (installed cost) = $18,500 (Recommend to control potential corrosion with two nearby metal pipelines) E) Total fee: Pipe Size, Length, and Quantity Fee: Easement Area Fee: Temporary Construction Easement: Additional compensation $27,130.40 $46,057.67 $ 5,457.51 $18,500.00 Total Just Compensation: $97,145.58 The easement is revocable by the City if DCP violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. DCP will also fully indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not grant the easement. DCP Sand Hills Pipeline, LLC is a common carrier in the State of Texas with eminent domain rights. Failure to grant the easement to them could lead to eminent domain proceedings against the City. (Not Recommended) OTHER CONSIDERATIONS: DCP Sand Hills Pipeline, LLC required this Revocable Easement in order to construct the pipeline. CONFORMITY TO CITY POLICY: The ordinance conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. The Revocable Easement instruments contain terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services Water Department Police Department Legal Department FINANCIAL IMPACT: [ ] Operating applicable [ X ] Revenue [ ] Capital [ ] Not Fiscal Year 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $97,145.58 $97,145.58 BALANCE $97,145.58 $97,145.58 Fund(s): Comments: This is a revenue item. No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Revocable Easement Temporary Construction Easement Council Exhibits (4) Location Map Presentation Corpus000 ti Engineering Granting a Revocable Easement And Temporary Construction Easement On 4 City Owned Properties Council Presentation February 14, 2017 Project Location Carpus Chrsti Engineering 6241 To Three Rivers Sand Hills Pipeline I zs 0 rt Supercenter w 0 116,41 Flint Hills Resources Project Vicinity Corpus Chrsti Engineering Project Scope Carpus Chrsti Engineering This Ordinance will convey a Revocable Easement and a temporary Construction Easement to DCP Sand Hills Pipeline for construction of a natural gas pipeline from Flint Hills Refinery to Three Rivers. The Pipeline will cross four (4) city -owned properties: • Three (3) parcels, near Hearn's Ferry Road, where the Police shooting range is, • The fourth (4) parcel is in San Patricio and used for the Mary Rhodes Pipeline. Sand Hills Pipeline will compensate the City $97,145.58 for these easements. Ordinance accepting and appropriating $97,145.58 of revenue from DCP Sand Hills Pipeline, LLC; authorizing the City Manager or designee to execute a Revocable Easement and a Temporary Construction Easement to DCP Sand Hills Pipeline, LLC to construct, operate, maintain, repair and remove one 10 inch pipeline. SECTION 1. Revenue in the amount of $97,145.58 is accepted from DCP Sand Hills Pipeline, LLC and $47,596.55 is appropriated into the No 1020 General Fund and $49,549.03 in the No 4010 Water Operational Fund. SECTION 2. A transfer in the amount of $47,596.55 from the No. 1020 General Fund is approved and appropriated in Police CIP Fund 3342. SECTION 3. The Operational Budget approved by Ordinance 030965 is amended to increase revenues and expenditures in the amount of $97,145.58 SECTION 4. The Capital Improvement Budget approved by Ordinance 030936 is amended to increase revenues and expenditures in the amount of $47,596.55 SECITION 5. That a 30 foot wide Revocable Easement and a 40 foot wide Temporary Construction Easement be granted to Eagle Ford Pipeline, LLC, for the purpose of constructing, operating, maintaining, repairing and removing one (1) 10 -inch pipeline across a tract of City owned properties near Hearns Ferry Road in Nueces County and near U.S. 77 in San Patricio County, for the amount of $97,145.58 be paid to the City. SECTION 6. That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. ATTEST: Rebecca Huerta City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Mayor REVOCABLE EASEMENT (DCP Sand Hills Pipeline, LLC, 1x10 in., 2017) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DCP Sand Hills Pipeline, LLC, a Delaware limited liability company, whose address is 5718 Westheimer Rd., Suite 1900, Houston, Harris County, Texas, 77057 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said DCP Sand Hills Pipeline, LLC, the right to relocate, install, operate, repair, replace, and maintain one (1) pipeline, not to exceed ten (10) inches in diameter, for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, under the land owned by Grantor described and shown on the attached Exhibit "A" (pages 1-8). TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tracts of land as shown on the attached and incorporated Exhibit "A" (pages 1-8), for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement 1 of 16 f) City Attorney means City's City Attorney or his designee. g) Grantee means DCP Sand Hills Pipeline, LLC. h) Improvements means one (1) pipeline, each not to exceed ten (10) inches in diameter within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit "A" means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2 of 16 operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property under which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than four (4') feet from top of existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or Revocable Easement 3 of 16 regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" Wastewater - 18" Gas - 18" Storm Water - 18" TimeWarner - 12" SWB - 12" AEP (CPL) - 12" ESPIRE- 12" KMC -12" ICG -12" Grande(ClearSource) - 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance Revocable Easement 4 of 16 policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut Revocable Easement 5 of 16 the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Revocable Easement 6 of 16 Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Representatives at: Water Representative - 361 - 857-1888 (880-3140, after hours) Wastewater Representative - 361 - 857-1818 (880-3140, after hours) Gas Representative - 361 - 885-6900 (885-4396, after hours) Street Superintendent - 361 - 857-1940 (886-2600, after hours) Storm Water Superintendent - 361 - 857-1881 (880-3140, after hours) Traffic Signal & Fiber Optic - 361 - 857-1940 (886-7452, after hours) Texas One Call - 361 - 1-800-245-4545 1-800-DIG-TESS - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed Revocable Easement 7 of 16 adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type 1 Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's Revocable Easement 8 of 16 request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any Revocable Easement 9 of 16 other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. I) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. I) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Revocable Easement 10 of 16 Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2017. GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Valerie H. Gray, P.E. Revocable Easement 11 of 16 APPROVED S TO LEGAL FORM: day of , 2017. By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Valerie H. Gray, P.E., Executive Director of Public Works, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2017, by , in his/her capacity as of DCP Sand Hills Pipeline, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. DCP Sand Hills Pipeline, LLC By: Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me this day of 2017. as of DCP Sand Hills Pipeline, LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 13 of 16 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by 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 and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement 14 of 16 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph Ii Of This Exhibit $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business m 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. Grantee 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 Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee 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 or comparable policy language, as Revocable Easement 15 of 16 respects 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 and professional liability policies; • 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, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee'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 agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor' s performance of the work covered under this agreement. H. It is agreed that Grantee'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. DCP Sand Hills Pipeline, LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 City of Corpus Christi Department of Engineering Services Property and Land Acquisition Division DCP Sand Hills Pipeline, LLC NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Temporary Construction Easement THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT THE CITY OF CORPUS CHRISTI ("GRANTOR), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, acting by its duly authorized City Manager, or designee, ( 'City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by DCP SAND HILLS PIPELINE, LLC ("GRANTEE"), a Delaware limited liability partnership, whose address is 5718 Westheimer Rd., Suite 1900, Houston, Texas 77057, the receipt of which is hereby acknowledged, has granted and conveyed, and does hereby grant and convey unto DCP Sand Hills Pipeline, LLC, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and temporary construction easement of going in, on, over, under and along a certain tracts of land situated in San Patricio County, Texas and Nueces County, Texas, and being described as follows: The property descriptions and maps showing the locations of the Temporary Construction Easement is attached and incorporated as "Exhibit A" (pages 1-8). Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing a pipeline along the Premises. SPECIAL PROVISIONS: 1. Upon completion of the project Grantee' s contractor will restore the land to its original condition. 2. All other structures, improvements, and fencing that are to be moved during construction will be placed back to their original locations and condition. 3. During the construction period, free ingress and egress will be maintained to the property described above. 4. Grantee's contractor will use "double ditch" method of farm soil removal and replacement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a Temporary Construction Easement and Right -of -Way for the period of one hundred and eighty (180) working C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 1 of 3 days beginning upon the start-up of construction. Grantor: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 Capital Programs, City Hall, 1201 Leopard, Third Floor Property and Land Acquisition Division Corpus Christi, Texas 78469-9277 VALERIE H. GRAY, P.E., Executive Director of Public Works THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 20 by Valerie H. Gray, P.E., as Executive Director of Public Works Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF , 20 FOR THE CITY ATTORNEY Janet Kellogg, Assistant City Attorney CITY LEGAL DEPARTMENT C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 2 of 3 The person signing this easement as Grantee, or signing on behalf of the Grantee, represents, warrants, and guarantees that they are the Grantee or have the authority to act on behalf of the Grantee for the purpose and consideration stated. BY: GRANTEE PRINTED NAME: TITLE: THE STATE OF § COUNTY OF § This instrument was acknowledged before me on by [Seal] day of , 20 Notary Public in and for the State of ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 20 . C:\PROGRAM FILES \GRANICUS\LEGISTARO\L5\TEMP\FC4E4581-3109-4AOE-AF27-566C485F2D92.DOC Page 3 of 3 i 1.ES 1. MSGTEM G w 73 THE 0111 14 FEET CDORONMIE 2. SL8 BGS 84,1W DE NO 1357OR ONE 2. SU IDENT SEAM F No SEMBea 84 Ui 8 ANYO OTHER SEARCH FOR EA ACCIR � OR ANY OTHER FACS THAT AN ACCIAPAlE AND CUPROJ/ TITLE SEARCH ATTACHED DISCLOSE SEE AifACHED /£GV. DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, and the J. Warner Survey, Abstract Number 909, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch iron rod found for an angle point in the northeast line of said City of Corpus Christi tract, and for the southeast corner of a certain tract as described in a deed to Port of Corpus Christi Authority of Nueces County Texas, as recorded in Volume 1926, Page 909, Deed Records, Nueces County, Texas; THENCE, N 631656" W, with the northeast line of said City of Corpus Christi tract, and the south line of said Port of Corpus Christi tract, a distance of 67.15 feet, to the POINT OF BEGINNING [N: 10107954.28, E:2108762.46] of this easement, in the northeast line of said City of Corpus Christi tract, and the a south line of said Port of Corpus Christi tract; THENCE, S 45'01'12" E, through the said City of Corpus Christi tract, a distance of 535.95 feet, to the point for a corner; THENCE, S 41'32'09" E, continuing through the said City of Corpus Christi tract, a distance of 207.59 feet, to the point for a corner, in the southeast line of said City of Corpus Christi tract, and an interior northwest line of a certain tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas, THENCE, S 43'0309" W, with the southeast line of said City of Corpus Christi tract, and the interior northwest line of said Flint Hills tract, a distance of 30.19 feet, to the point for a corner, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for an angle point in the southeast line of said City of Corpus Christi tract, and an interior corner of said Flint Hills tract, bears S 43'03'09" W, a distance of 260.40 feet; THENCE, N 41'32'09" W, through the said City of Corpus Christi tract, a distance of 209.52 feet, to the point for a corner; THENCE, N 45'01'12" W, continuing through the said City of Corpus Christi tract, a distance of 625.95 feet, to the point for a corner; THENCE, S 63'1656" E, with the northeast /one of said City of Corpus Christi tract, and the south line of said Port of Corpus Christi tract, a distance of 95.73 feet, to the Point of Beginning, for a total of 23,685 square feet, 0.54 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO 7715 BEST OF MY KNOWLEDGE 7711S PLAT IS TRUE AND CORRECT OF A SURVEY MADE 011 771E GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 J. WARNER SURVEY, ABSTRACT No. 909 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 34,794 SQ. FT .108.• RNR DRAWN e,` Pe PEPE& ca AFE.' 300214263 141E 09/76/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\6 — The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 23,685 ACRES: 0.54 CENTERLINE FOOTAGE: 789.50' RODS: 4785 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76067 800-482-7199 CELCO SURVEYING REO. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS. TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING /5 THE um 14 FEET COOROIi47E swat NGS 84, W 96'-107 ZONE 2 SURVEYOR HAS MADE NO RIVESIEATIES4 OR RST SF,4800 FOR OR ANY OTHER FACTS THAT AN ACCLRATE AND CURRENT TITLE SEARCH AMY asaosC .I SEE ATTACHED LEGAL DESCRIPTION. POINT OF BEGINNING N:10107954.28 E.•2108762.46 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS VOLUME 1926, PAGE 909 DEE j E.%L & F' S TRACT N ABS N 63'16'56" W 67.15' 5/8" IRON ROD FOUND EXHIBIT "B" 30' EASEMENT SQUARE FOOTAGE: 23,685 L6 AL 2OF2 DEED LINE -1/ 1=L-li ---/1 /L — — --//_ NER SURVEY UR 9 pY AB 9 J.RACT NO. FLINT HILLS RESOURCES CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 THE CITY OF CORPUS CHRISTI DOCUMENT NUMBER 2003063324 PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N.TS. TEMPORARY WORKSPACE 34,794 SQ. FT. S 43'03'09" W 260.40' LINE BEARING DISTANCE Ll S 45'01'12' E 535.95' L2 S 41'32'09" E 207.59' L3 S 43'03'09" W 30.13' L4 N 41'32'09" W 209.52' L5 N 45'01'12" W 625.95' L6 S 63'16'56" E 95.73' I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 0 5/8 CAPPED IRON ROD FOUND "URBAN ENGR CC 1X" 100' 200' 300' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S.LIG F. SURVEY, ABSTRACT No. 857 J. WARNER SURVEY, ABSTRACT No. 909 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 34,794 SQ. FT J0B.•fHR AR4NN BY: ON CHECKED. m AFE.' 5002142A3 GATE 09/16/16 NEv: 1/qhr P:\DCP\Sandhills Projects\Flint Hills to Sand Hills\Certified Plats\6 - The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE' 23,685 ACRES: 0.54 CENTERLINE FOOTAGE. 789.50' RODS: 47.85 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i 1.ES 1. MSGTEM G WG 75 RE 0111 14 FEET GDORONp1E SYSTEM BGS 84, AD NO 205E 2. SMPKYOT SHASEA MADE No s ara 6V D7 CUMERANCEa OR ANYO OTHER FAC1SRCH FOR EA ACCIR OR ANY OTHER FACS RL17 AN AGCLWAlE AND CIAPROJ/ TITLE RSEWN SEE ATTACHED LEGAL DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch capped iron rod found marked "3589" for the southwest corner of a certain tract as described in a deed to The Port of Corpus Christi Authority of Nueces County, Texas, as recorded in Volume 1926, Page 909, Deed Records, Nueces County, Texas, and an angle point in the north line of a ceratin tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas; THENCE, S 631656" E, with the south line of said Port of Corpus Christi tract, and the north line of said Flint Hills tract, a distance of 281.03 feet, to the POINT OF BEGINNING [N: 10108202.61, E.:2108269.09] of this easement, at the north corner of said City of Corpus Christi tract, the south line of said Port of Corpus Christi tract, and the a north line of said Flint Hills tract; THENCE, S 63'1656" E, with the north line of said City of Corpus Christi tract, and the a south line of said Port of Corpus Christi tract, a distance of 73.63 feet, to the point for a corner, from which a 5/8 inch iron rod found for an angle point in the north line of said City of Corpus Christi tract, and the southeast corner of said Port of Corpus Christi tract, bears S 63'1656" E, a distance of 545.87 feet; THENCE, N 81'59'07" W, through the said City of Corpus Christi tract, a distance of 73.50 feet, to the point for a corner, in the west line of said City of Corpus Christi tract, and an interior line of said Flint Hills tract; THENCE, N 1703'47" W, with the west line of said City of Corpus Christi tract, and the interior line of said Flint Hills tract, a distance of 23.91 feet, to the Point of Beginning, for a total of 868 square feet, 0.02 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY BS&F SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 4,380 SQ. FT 1013' F/!R DRAWN E CHB CHEMED. ca WE 500214283 041E 10/01/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\8 — The City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 868 ACRES: 0.02 CENTERLINE FOOTAGE: 26.80' RODS 1.62 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76D67 600-462-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING 15 THE UDI 14 FEET COOROSJ4TE 505!58 NGS 84, W 96-107 ZONE 2 SURVEYOR HAS 8405 NO RIYEfl74TA7H OR RST 5FA OY FAR E15E088SENCUPORANCa OR ANY OTHER FACTS THAT AN ACCLRAIE AND CURRENT TITLE SEARCH AMY O5L7.OSC S SEE ATTACHED LEGAL DESCRIPTION. 5/8 CAPPED IRON ROD FOUND 3589" FLINT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 & F, SURVEY UR v8Y 7 ABSTRACT N A PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N. T.S. 16. ?BoJ .T \ / EXHIBIT "B" 20,2 x 1 / / / / n x / // x I PO/NT OF BEGINNING N:10108202.61 E:2108269.09 30' EASEMENT SQUARE FOOTAGE: 868 TEMPORARY WORKSPACE 4,380 SQ. FT. 40* 6, ee 1 LINE BEARING DISTANCE Ll S 6316'56" E 73.63' L2 N 8159'07" W 73.50' L3 N 17'03'47" E 23.91' THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS VOLUME 1926, PAGE 909 lits .9•0j ej, 0,, `32QF•Q ST 5/8" IRON ROD FOUND I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY 1HAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 0 50' 100' 150' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY BS&F SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 4,380 SQ. FT J0&• FHR URANH 8Y.• LIB CHECKED. GEL AFE.' 500214243 DATE 10/04,16 REY: 1/617 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plats\8 — The City of Corpus Christi REV-1.dwg SOUARE FOOTAGE' 868 ACRES: 0.02 CENTERLINE FOOTAGE. 26.80' RODS: 1.62 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i NOTES 1. K. 8156 G W IS RE OH/ 14 FEET COORONMIE SYSTEM BGS 84, W AD NO 557 ONE 2. SLRKYOT SHASEA MADE No s ara 6V D7 CUMBRANCES OR NO' OTHER FAC1SRCH FOR EA ACCIR OR ANY OTHER MAY Y DI THAT AN ACCLWAlE AND p.IPREN/ TITLE SEE E1Y 3 AL DES CLOSE SEE AifAClffO LEGAL DESCRIPTION Legal description: EXHIBIT "A" 1OF2 BEING a 30 foot permanent pipeline easement in the B.S. & F, Survey, Abstract Number 857, Nueces County, Texas, and being a portion of a certain tract as described in a deed to The City of Corpus Christi, as recorded in Document Number 2003063324, Official Public Records, Nueces County, Texas, said easement being described as follows: COMMENCING at a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for the southeast corner of said City of Corpus Christi tract, and an interior corner of a certain tract as described in a deed to Flint Hills Resources Corpus Christi, LLC., as recorded in Document Number 2010040428, Official Public Records, Nueces County, Texas; THENCE, N 33'58'33" E, with the west line of said City of Corpus Christi tract, and the most westerly east line of said Flint Hills tract, a distance of 253.17 feet, to the POINT OF BEGINNING' [N: 10108304.19, E:2107278.29] of this easement, in the west line of said City of Corpus Christi tract, and the a east line of said Flint Hills tract; THENCE, N 33'58'33" E, continuing with the west line of said City of Corpus Christi tract, and the a east line of said Flint Hills tract, a distance of 33.37 feet, to the point for a corner, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for an angle point in the west line of said City of Corpus Christi tract, and an angle point in a east line of said Flint Hills tract, bears N 33°58'33" E, a distance of 13.79 feet; THENCE, S 81'5937" E, through the said City of Corpus Christi tract, a distance of 378.38 feet, to the point for a corner, in the east line of said City of Corpus Christi tract, and the most easterly west line of said Flint Hills tract, from which a 5/8 inch capped iron rod found marked "URBAN ENGR CC TX" for the northeast corner of said City of Corpus Christi tract, and for a northwest corner of said Flint Hills tract, bears N 34'00'59" E, a distance of 103.14 feet; THENCE, S 34'00'59" W, with the east line of said City of Corpus Christi tract, and a west line of said Flint Hills tract, a distance of 33.38 feet, to the point for a corner; THENCE, N 81'59'07" W, through the said City of Corpus Christi tract, a distance of 378.35 feet, to the Point of Beginning, for a total of 11,351 square feet, 0.26 acres more or less. 1, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT 70 THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 15,134 SQ. FT 108.• P748 DRANK 05 C18 CHECKER GEL WE 500214293 041E 09//6/16 NEN. 1/6/77 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\10 — The CIty of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 11,351 ACRES: 0.26 CENTERLINE FOOTAGE: 376..37' RODS 22.93 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WEDS, 7X 76067 600-462-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 % NOW 1. 845I5 OF BEARING /5 THE UDI 14 FEET COORD#747E SYSTEM NGS 84, W 96'-107 ZONE 2 SURVEYOR HAS MADE NO RIVESTEATIES4 OR RST SF,4800 FON EIS 08 ANY OTHER FACTS THAT AN ACCLRATE AND CURRENT TITLE SEARCH AMY O5L7.OSE S SEE ATTACHED LEGAL DESCRIPTION. 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC TX' N 33'58'33" E 13.79' FONT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC 1X" RVEY SU NO. 857 x x 5 EXHIBIT "B" 2OF2 5/8 CAPPED IRON ROD FOUND URBAN ENGR CC TX' POINT OF BEGINNING N:10108304.19 E.:2107378.29 PROPERTY BOUNDARY VICINITY MAP N.TS. TEMPORARY WORKSPACE 15,134 SQ. FT. THE CITY OF CORPUS CHRISTI DOCUMENT NUMBER 2003063324 / I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON 1HE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 1 LINE BEARING DISTANCE Ll N 33'58'33" E 33.37' L2 S 81'59'07' E 378.38' L3 S 34'00'59" W 33.38' L4 N 81'59'07" W 378.35' x N 34'00'59' E 103.14' FLINT HILL RESOURCE CORPUS CHRISTI, LLC DOCUMENT NUMBER 2010040428 0 100' 200' 300' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE THE CITY OF CORPUS CHRISTI PROPERTY B.S. & F. SURVEY, ABSTRACT No. 857 NUECES COUNTY, TEXAS TEMPORARY WORKSPACE 15,134 SQ. FT. J08.• FHR ARINN 8Y.• ON CHECKED. GEL AFE.' 507214243 LATE 09/16/16 NEv: 1/qhr P:\DCP\Sandhllls Projects\Flint Hills to Sand Hills\Certified Plots\ 10 — Me City of Corpus Christi REV-1.dwg SQUARE FOOTAGE: 11,351 ACRES: 0.26 CENTERLINE FOOTAGE. 378.37' RODS: 22.93 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 ww i NOTES 1. 84313 0' OEIRRA: 73 THE 0111 74 FEET GOORONpTE 5)STO/ MS 84, w 8e'-107 ZONES11 2. SLRK6JVE5773YOR Has WADE NO 477 W 07 APO1O SEARCH FOR FASE"KK � 5 ENCIN�RA OR D7 ANY OTHER FACTS ER MAT AN 00000473 AND 007RENT DRE SEARCH 141Y DES DISCLOSE A SEE ATTACHED 7004. DESCRIPTION. Legal description EXHIBIT "A" 1OF2 BEING' a 30 foot pipeline easement in the V. Tares & P. Villareal Survey, Abstract 32, San Patricio County, Texas, and being a portion of a certain lot described in deed to City of Corpus Christi, as recorded in Doc. /539670, Real Property Records, San Patricio County, Texas, said easement being described as follows: BEGINNING at a point [N: 10131933.79, E.:2085416.78] in the said City of Corpus Christi tract, from which a capped iron rod (RPLS 1907) found bears S 44'19'04" E, 226.79 feet; THENCE N 43'49'27" E, a distance of 30.00 feet, to a point for a corner of this easement; THENCE S 46'43'05" E, a distance of 66.94 feet, to a point for a corner of this easement; THENCE S 31'43'05" E, a distance of 43.95 feet, to a point for a corner of this easement; THENCE S 16'43'05" E, a distance of 43.95 feet, to a point for a corner of this easement; THENCE S 01'43'05" E, a distance of 3.96 feet, to a point for a corner of this easement; THENCE S 43'45'11" W, a distance of 42.08 feet, to a point for a corner of this easement; THENCE N 01'43'05" W, a distance of 29.52 feet, to a point for a corner of this easement; THENCE N 16'43'05" W, a distance of 36.05 feet, to a point for a corner of this easement; THENCE N 31'43'05" W, a distance of 36.05 feet, to a point for a corner of this easement; THENCE N 46'43'05" W, a distance of 63.27 feet, to the Point of Beginning, for a total of 4,855 square feet or 0.11 acres more or less. I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE ON THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 4160 DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE CITY OF CORPUS CHRISTI PROPERTY V. TARES & P. I4LLAREAL SURVEY, ABSTRACT No. 32 SAN PATRIC/O COUNTY, TEXAS TEMPORARY WORKSPACE 6,331 SQ. FT .108.• FTN DRAWN BX 90 CHEMED. GEL AFE 500214283 DATE 77/03/76 REN. 1/6/17 P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plots\21 — City of Corpus Chrisit REV-1.dwg SQUARE FOOTAGE: 4,855 ACRES: 0.11 CENTERLINE FOOTAGE: 161.85' ROOS: 9.81 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, 7X 76067 800-482-7199 CELCO SURVEYING REG. 0 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 NOES 1. 845I5 OF BEARING IS Rif 078 14 FEET COORD#747E 505758 NGS 84, W 96-107 ZONE 2 SURVEYOR HAS WOE NO INVESl5/7pN 08 8DE>YTDO87 5FA OY FAR EASE 475 08 ANY OTHER FACTS THAT AN ACCLRAIE AND CURRENT 772E SEARCH LAY 0150.08E .I SEE ATTACHED LEGAL DESCRIPTION. LINE BEARING DISTANCE Ll N 43'49'27" E 30.00' L2 S 46'43'05" E 66.94' L3 S 31'43'05" E 43.95' L4 S 16'43'05" E 43.95' L5 S 01'43'05" E 3.96' L6 S 43'45'11" W 42.08' L7 N 01'43'05" W 29.52' L8 N 16'4305" W 36.05' L9 N 31'4305" W 36.05' L10 N 46'43'05" W 63.27' 5/8" CAPPED IRON ROD (RPLS 1907) S 44'19'04" E 226.79' COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. DOCUMENT No. 518348 POINT OF BEGINNING N:10131933.79 E.•2085416.78 I, GEORGE E. LUCAS, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS TRUE AND CORRECT OF A SURVEY MADE 014 THE GROUND. GEORGE E. LUCAS CELCO SURVEYING REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION 110. 4160 EXHIBIT "B" 2 OF 2 V TARES 8e SURVEY P. VIL 0EAL L ABSTRACT 32 TEMPORARY WORKSPACE 6,331 SQ. FT. CITY OF CORPUS CHRISTI DOCUMENT No. 539670 ACCESS RD COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. DOCUMENT No. 525142 30' EASEMENT SQUARE FOOTAGE: 4,855 PROPOSED PIPELINE PROPERTY BOUNDARY VICINITY MAP N.TS. 0 50' 100' 150' DCP Sand Hills Pipeline, LLC 30' PERMANENT PIPELINE EASEMENT ACROSS THE CITY OF CORPUS CHRISTI PROPERTY V. TARES & P. VILLAREAL SURVEY, ABSTRACT No. 32 SAN PATRIC/O COUNTY, TEXAS TEMPORARY WORKSPACE 6,331 SQ. FT JOB.• RIR DRANK 8Y.• ACS CHECKED. GEL AHE.• 5002142A3 LATE 7116 REP 1/qhs P:\DCP\Sondhills Projects\Flint Hills to Sand Hills\Certified Plats\21 — City of Corpus Chrisit REV-1.dwg SOUARE FOOTAGE' 4,855 ACRES: 0.11 CENTERLINE FOOTAGE. 161.85' RODS: 9.81 LINK FIELD SERVICES INCORPORATED P.O. BOX 1485 MINERAL WELLS, TX 76067 800-462-7199 CELCO SURVEYING REG. = 10193975 2205 STONECREST PATH NEW BRAUNFELS, TX 78130 512-635-4857 • Vg ,s4 To Three Rivers Project Limits 574 /&,3, 0 rt Supercenter 1694 1694 '44 Flint Hills Resources LOCATION MAP NOT TO SCALE 3�$Fl Sand Hills Pipeline, LLC Temporary Easement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: TO: February 10, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Contract for Engineering Design Community Park Development and Improvements - West Guth Park (Bond 2012, Proposition 4) CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Turner Ramirez Architects of Corpus Christi, Texas in the amount of $125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to execute an engineering design contract with Turner Ramirez Architects of Corpus Christi, Texas in the amount of $125,919 for Community Park Development and Improvements - West Guth Park for design, bid and construction phase services. (Bond 2012, Proposition 4). BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — City-wide Community Parks Development and Improvements which includes West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish and Parker Parks as well as downtown squares La Retama and Artesian Parks. Bond 2012 Brochure Language: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P. Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." West Guth Park is a well -used regional park within the Northwest area of the City. The proposed improvements to the Park include irrigation upgrades and extensions, as well as, specialty use amenities such as shade structures, landscaping, trails, parking improvements, park signage, disc golf tee -box improvements, new play scape equipment, restroom repairs, and other items designated for community parks. All items will be in compliance with the 2012 Parks and Recreation Open Space Master Plan. A paving assessment of the park indicates that the roadway and parking surface need repair in many areas. These repairs will be funded through the West Guth Park Bond 2012 budget but will be executed under a separate design and construction contract than the repairs being designed by Turner Ramirez Architects under this contract. The budget for these paving repairs is $198,866 (seen below as the "Balance" in the Financial Impact table). ALTERNATIVES: 1. Execute the contract for engineering design services with Turner Ramirez Architects as proposed. (Recommended) 2. Do not execute the contract for engineering design services with Turner Ramirez Architects as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Turner Ramirez Architects was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: The contract for engineering design services and selection process comply with the Professional Procurement Act and City Policy. Turner Ramirez Architects was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. Complies with the 2016-2017 CIP. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Prior Project Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $1,750,000 $1,750,000 Encumbered/Expended Amount This item 125,919 125,919 Future Anticipated Expenditures This Project 1,425,215 1,425,215 BALANCE $198,866 $198,866 Fund(s): Parks and Recreation Bond 2012 Comments: The contract for engineering design services will result in the expenditure of an amount not to exceed $125,919. RECOMMENDATION: City Staff recommends approval of the contract for engineering design services with Turner Ramirez Architects. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET ESTIMATE Community Park Development and Improvements West Guth Park BOND 2012, Proposition 4 FUNDS AVAILABLE: Parks and Recreation Bond 2012, Proposition 4 $1,750,000 TOTAL $1,750,000 FUNDS REQUIRED: Construction Fees (estimated). 1,232,000 Construction (estimated) 1,120,000 Contingency (10%) 112,000 Design and Geotechnical Inspection Fees Design - West Guth Park Preliminary Design (Turner Ramirez) 30,715 156,634 Engineering Design (Turner Ramirez)...THIS ITEM 125,919 Geotechnical Inspection (Rock Engineering) 28,000 Construction Testing and Inspection Fees Construction Materials Testing (Estimate) Construction Inspection (Estimate) 14,000 49,000 Reimbursements: Total Reimbursements Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 25,000 Engineering Services (Project Mgt/Constr Mgt) 45,000 Misc. (Printing, Advertising, etc.) 1,500 184,634 63,000 71,500 TOTAL $1,551,134 * ESTIMATED PROJECT BUDGET BALANCE $198,866 * To be used for repairing roadway and parking surfaces in the West Guth park. Raven Dr {,• rit Project Location \1 Flint Hills Resources ■ Ft 5.71 Mrd z LOCATION MAP NOT TO SCALE P00 A-lela N 51 Project Number: E14016 Community Park Development and Improvements Bond 2012 West Guth Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Community Park Development and Improvements West Guth Park — Bond 2012 Proposition 4 Council Presentation February 14, 2017 Location Map s s C a a West Guth Park Flint Hills Resources • 127 Corpus Chr sti Engineering Project Scope Corpus Chr'sti Engineering IH -37 West Guth Park Leopard St. Planned improvements include: • New shade pavilion and concrete plaza • Improved walking trails • Park signage • Disc -golf tee box improvements • New playscape improvements • Irrigation upgrades, extensions and landscaping improvements 3 a Project Schedule Corpus Chr sti Engineering 2017 2018 Feb Mar Apr May Jun 1 Design Jul Aug Sep Oct Nov Bid / Award Dec Jan Fe b Mar Apr May Jun Jul Aug Sep Oct IIMMInstruction Project Estimate: 365 Calendar Days 12 Months CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES for Engineering Design FOR PROJECT E14016 — Community Park Development and Improvements — West Guth Park The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Turner Ramirez Architects, 3751 S. Alameda St., Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE 11 — QUALITY CONTROL 2 ARTICLE III — COMPENSATION 3 ARTICLE IV — TIME AND PERIOD OF SERVICE 4 ARTICLE V — OPINIONS OF COST 5 ARTICLE VI — INSURANCE REQUIREMENTS 5 ARTICLE VII — INDEMNIFICATION 5 ARTICLE VIII — TERMINATION OF AGREEMENT 6 ARTICLE IX — RIGHT OF REVIEW AND AUDIT 6 ARTICLE X — OWNER REMEDIES 7 ARTICLE XI — CONSULTANT REMEDIES 8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII — MISCELLANEOUS PROVISIONS 9 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Contract for Professional Services Page 1 of 11 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Contract for Professional Services Page 2 of 11 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $125,919. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Contract for Professional Services Page 3 of 11 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). �..2Thic service shall be for a period of years bcginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal-optieaas upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Contract for Professional Services Page 4 of 11 ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Contract for Professional Services Page 5 of 11 ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there Contract for Professional Services Page 6 of 11 is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Contract for Professional Services Page 7 of 11 ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process Contract for Professional Services Page 8 of 11 contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Ag reement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as Contract for Professional Services Page 9 of 11 a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/i ndex. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. Contract for Professional Services Page 10 of 11 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI TURNER RAMIREZ ARCHITECTS J. H. Edmonds, P.E. Date Philip Jet in amirez, AIA, LEE Date Director of Engineering Services Vice President 3151 S. Alameda St. Corpus Christi, TX 78411 (361) 877-9238 Mobile (361) 994-8900, Ext. 102 Office pjr@trarch.com APPROVED AS TO LEGAL FORM City Attorney Date Project Name Community Park Development and Improvements — West Guth Park Project Number E14016 Accounting Unit 3293-141 Account 550950 Activity E14016 01 3293 EXP Account Category 50950 Fund Name: Bond 2012 Contract for Professional Services Page 11 of 11 Shane Torno, PE - Project Manager Department of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 FOR PLAN AND SPECIFICATION PREPARATION TURNER 1 RAMIREZ ARCHITECTS SUBJECT: Community Park Development and Improvements — Amendment #2 (Project No. E14016) Dear Mr. Torno: Please accept this letter as our proposal for Amendment #2 to perform the professional services desired in developing West Guth Park Development and Improvement project. It is understood that the total available project budget is $1,750,000. Construction funds available for park improvements associated with this contract will be approximately $1,120,000 (excludes the required 10% construction contingency required by City policy for construction contract award). Project Description and Task List: West Guth Park is a well -used regional park within in the North West area of the City of Corpus Christi that is slated for improvements as part of the City of 2012 Bond. The proposed bond improvements were to include but were not limited to; irrigation upgrades and extensions as well as specialty use amenities such as shade structures, landscaping, trails, parking improvements and other items designated TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 1 of 6 for community parks in compliance with the 2012 Parks and Recreation Open Space Master Plan. Based on a thorough assessment of the site as stated in the Final ELR, the following improvements for West Guth Park are to be designed as part of this proposed Amendment #2; park signage, disc golf tee -box improvements, improved walking trails, new play scape equipment, new shade pavilion, concrete plaza, restroom repairs, landscaping improvements & irrigation improvements. Scope of Services: 1. Conceptual Pre -design Phase • Completed as part of Original Design Contract. 2. Design Phase • Develop and submit for review a 35% set of plans, (not inclusive of specifications or bid documents) with layout of the plans in the City of Corpus Christi' s preferred format consistent with the City of Corpus Christi Plan Preparation Standards. • Develop and submit an opinion of probable construction cost for the project improvements. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 2 of 6 • Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. • Develop and submit for review a 60% set of plans, (not inclusive of bid documents) with layout of the plans in the City of Corpus Christi' s preferred format consistent with the City of Corpus Christi Plan Preparation Standards. • Develop and submit an opinion of probable construction cost for the project improvements. • Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. • Complete and submit a 100% complete set of construction drawings, plans, details, contract documents and technical specifications in accordance with the City of Corpus Christi' s preferred standard format. • Provide the marked -up 60% review set so the City may determine that the comments were incorporated into the 100% set. • Provide the final opinion of probable construction cost. • Furnish one (1) full size hardcopy set of plans, one (1) 11" X17" hardcopy set of plans, as well as one (1) CD containing full size PDF and 11" X17" PDF Files to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. • Prepare and submit documents to regulatory agencies having jurisdiction TDI (WPI -8 Documents), etc. for review. Prepare required permits and agreements. Any permit fees shall be paid by the City of Corpus Christi directly. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 3 of 6 3. Pre -Construction • Attend General Contractor pre -construction conference chaired by City and assist City in defining, clarifying, and responding to General Contractor questions with respect to project design, specifications, materials, and methods. • Prepare addenda, in preferred City format, necessary to inform General Contractors of modifications and clarifications prior to construction. The City' s Engineering Services will distribute any addendum. 4. Construction Phase • Provide record drawings in AutoCAD Version 2016 and PDF from General Contractor -prepared redlined marked -up set of construction documents. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor' s price and are not contrary to the interest of the City. • Perform Twelve (12) Site Inspections to confer with City' s Construction Inspector and General Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. • Conduct a "final inspection" with City and General Contractor, and make a recommendation concerning final acceptance. • Review and approve all General Contractor' s shop drawings and/or submittals. • Prepare necessary change orders during the process of the work. City will process all change orders. • Permit Preparation. TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 4 of 6 • Prepare Site Inspection Reports. Schedule: Fees: 3. Design Phase: 60% Submittal Due 10 weeks of NTP 4. Design Phase: Documents Due 100% Bid 10 weeks of NTP 5. Pre -Construction 8 weeks of NTP 6. Construction Phase Until Final Acceptance by City A. Fees for A/E services include: • The necessary conferences and site visits for the preparation and execution of all phases outlined herein. • The production of construction documents in accordance with the City format. B. City of Corpus Christi Shall Supply or Reimburse the Following: • All available base and/or site maps from City Engineering files • Existing city utility layouts (water, wastewater, gas and drainage) • Approval of preliminary conceptual designs and sketches • All printing and reproduction cost [through City approved vendor] TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 5 of 6 C. SUMMARY OF AMMENDMENT #2 A/E FEES 1. Design Phase 60% — Fee Due $43,947.00 2. Design Phase 100% Bid Documents — Fee Due $43,947.00 3. Pre -Construction — Fee Due $7,650.00 4. Construction Phase — Fee Due $30,375.00 TOTAL FEE $125,919.00 Sincerely, Philip John Ramirez, AIA, LEED AP Principal Architect/ President Turner / Ramirez Architects TURNER 1 RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. 1 CORPUS CHRISTI, TX 78411 1 TRARCH.COM Exhibit A Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o - h 03 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/h r) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Exhibit C Page 1 of 2 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Exhibit C Page 2of2 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY Cf1 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 'rvienW 1 j,., riot•;fGZ AVIAVI- P. O. BOX: STREET ADDRESS: 3/51 5. Aliuvut.L. 61- CITY: 60,7, ts� ZIP: /64/ 1) i FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee *041; Mt; );f:. Jo C.s 1 n"7 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: f: o w,rN.A. i rC,Z (Type or Print) Signature of Certifying Person: Title: Date: iZfzz/zo1G DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-148913 Date Filed: 12/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TurnerlRamirez Architects Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14016 Professional Services for Engineering Design for Community Park Development and Improvements - West Guth Park 4 Name of Interested Party City, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ramirez, Philip Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ✓ ✓ ' ........ nem LEE IDQzAa �i / k� Notary Public Or b,r SUM OF TIEXAS Comm. Exp. 11052010 ','� 4►0" WO 190015017 Si' ature o authorized agent of contraa' mess entity AFFIX NOTARY STAMP / SEAL ABOVE .t l� Sworn to and subscribed before me, by the said k• k'¢ C.4 . g.o i re 1 this the 472) day of 20 k.t.0 , to certify which, witness my hand and seal of office. Let. AC. 7a ) r. a ry ZAZZ,fesepr_Rorr} 4 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277 Exhibit E Page 1 of 1 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 — Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 Exhibit F Page 1 of 14 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 Exhibit F Page 2 of 14 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 Exhibit F Page 3 of 14 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 Exhibit F Page 4 of 14 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 Exhibit F Page 5 of 14 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 Exhibit F Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 Exhibit F Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 Exhibit F Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 Exhibit F Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 Exhibit F Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 Exhibit F Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 Exhibit F Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 Exhibit F Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Exhibit F Page 14 of 14 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-148913 Date Filed: 12/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. TurnerlRamirez Architects Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14016 Professional Services for Engineering Design for Community Park Development and Improvements - West Guth Park 4 Name of Interested Party City, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ramirez, Philip Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ✓ ✓ ' ........ nem LEE IDQzAa �i / k� Notary Public Or b,r SUM OF TIEXAS Comm. Exp. 11052010 ','� 4►0" WO 190015017 Si' ature o authorized agent of contraa' mess entity AFFIX NOTARY STAMP / SEAL ABOVE .t l� Sworn to and subscribed before me, by the said k• k'¢ C.4 ., g.o i re 1 this the 472) day of 20 k.t.0 , to certify which, witness my hand and seal of office. Let. AC. 7a ) r. a ry ZAZZ,fesepr_Rorr} 4 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: January 27, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: Jeff. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Construction and Testing Contract Gollihar Road Improvements Staples Street to Weber Road Bond 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $10,601,341.44 for Gollihar Road from Staples Street to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of $90,801 for Gollihar Road from Staples Street to Weber Road. (Bond 2014, Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and for a construction materials agreements for Gollihar Road from Staples to Weber Project. BACKGROUND AND FINDINGS: Gollihar (Weber to Staples) is the third phase of Gollihar Road included in the Bond 2014 Prop 1. Phase 1 & 2 were combined into one project; the construction contract was awarded by City Council on January 31, 2017. Bond 2014 Brochure description: "Gollihar Road from Staples Street to Weber Road — This project includes full -depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include traffic signal improvements at the Gollihar/Weber intersection, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. During detailed design, consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road." Clarification: The design contracts for the Bond 2014 Proposition 1 projects were executed in early 2014 and required the designers to provide a life cycle cost analysis and pavement recommendation with their preliminary design reports. The design engineer for the Gollihar project determined that HMAC was the most cost effective pavement material. This project was, therefore, designed and bid with an HMAC pavement section. The redesign for both a Portland Cement Concrete (PCC) and HMAC pavement section would delay the project by several months and require a contract amendment with the design engineer for the additional design work. On January 18, 2017, the City received proposals from three (3) bidders and the bids are as follows: Contractor Base Bid Bay, Ltd. Corpus Christi, Texas $10,601,341.44 Clark Pipeline Services Corpus Christi, Texas $11,667,304.96 Haas -Anderson Construction Corpus Christi, Texas $12,684,374.30 Engineer's Opinion of Probable Cost $9,728,344.68 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Naismith, Inc. is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,320,400.00 $12,326,925.00 $13,647,325.00 Encumbered / Expended Amount 1,320,400.00 0.00 1,320,400.00 This item 10,692,142.44 $10,692,142.44 Future Anticipated Expenditures This Project 1,546,139.56 1,546,139.56 BALANCE $0 $88,643.00 $88,643.00 Fund(s): Comments: N/A RECOMMENDATION: City staff and Naismith recommend the construction contract be awarded to Bay, Ltd. in the amount of $10,601,341.44 for the total base bid and a construction materials testing agreements with Rock Engineering for $90,801.00 for Gollihar Road from Staples Street to Weber Road. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement Form 1295 -Bay Form 1295 -Rock Informal Staff Report dated 2-2-2017 PROJECT BUDGET ESTIMATE Gollihar Road (Staples to Weber) Bond 2014, Proposition 1 PROJECT FUNDS AVAILABLE: Gollihar Road from Staples to Weber - Bond 2014, Prop 1 7,499,500 Utilities 6,147,825 Water 2,034,090 Wastewater 408,034 Storm Water 3,627,023 Gas 78,679 TOTAL FUNDS AVAILABLE 13,647,325 FUNDS REQUIRED: Construction: Construction (estimate) THIS ITEM 10,601,341 Street 5,308,698 Utilities 5,292,644 Water 1,700,450 Storm Water 3,227,119 Wastewater 317,275 Gas 47,800 Contingency (10%) 1,060,134 Construction Inspection and Testing. 256,593 Construction Inspection (Estimate) 165,792 Construction Materials Testing (Rock) Staples to Weber 90,801 Design: (Naismith) Original Contract and one amendment 1,236,595 Engineer (Naismith) Original Contact 1,192,395 Street 544,998 Utilities 647,397 Water 148,723 Storm Water 385,730 Wastewater 82,065 Gas 30,879 Amendment No. 1 44,200 Street 22,100 Utilities 22,100 Water 5,304 Storm Water 11,050 Wastewater 5,746 SUE Services (Cobb Fendley) Original Contact 6,019 Reimbursements: Total Reimbursements 398,000 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 150,000 Engineering Services (Project Mgt/Constr Mgt) 246,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 13,558,683 ESTIMATED PROJECT BUDGET BALANCE 88,643 i Texas State AquanumQ Corpus Christi /2 • PROJECT LOCATION LOCATION MAP NOT TO SCALE Ward JsVand Project Number: E13087 Gollihar Road Weber Rd to Staples St Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Gollihar Road Staples Street to Weber Road BOND 2014, Proposition 1 Corpus Chr sti Engineering Council Presentation February 14, 2017 Project Location �hrsti Engineering Project Vicinity �hrsti Engineering Gollihar Road Cross Sections �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 12" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGR ID CYCLE TRACK CYCLE TRACK SIDEWALK TRAVEL LANES TRAVEL LANES SIDEWALK 4 Project Scope J1 Corpus Chr sti Engineering This is the third and final section of Gollihar Road in Bond 2014, Proposition 1 for full depth reconstruction of Gollihar Road, from Weber to Staples, including: • New Hot -Mix Asphalt Concrete (HMAC) 5 lane roadway (4 travel lanes and a continuous center turn lane) with bus stops • New curb and gutter, sidewalks, cycle tracks and ADA ramps • Traffic signal upgrade at the Gollihar/Weber intersection • Underground utility improvements include storm water, wastewater, water and gas (by City) * The new roadway matches the Phase 1 & 2 configuration, with narrowed lanes and cycle tracks outside the curbs. Project Schedule �hrsti Engineering 2016 2017 2018 2019 N D J BidlAward F M A M J J A s 0 N D J F M A M J J A s 0 N D J Construction Construction Estimate: 720 days AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Gollihar Road from Staples Street to Weber Road BOND 2014 (Project No. E13087) ("PROJEcr). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $90,801; Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING ORATORY, INC. +: )\ 01-23-17 J.H. Edmonds, P.E. Date A. Rock Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office KIENGINEERING DATAEXCHANGEIANGIEMISTREET\E13087 GOLLIHAR FROM STAPLES TO WEBER BOND 20141ROCK CMT115 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E13087 Accounting Unit: 3551-051 Account: 550920 Activity: E13087013551EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KIENGINEERING DATAEXCHANGEWNGIEMISTREETIE13087 GOLLIHAR FROM STAPLES TO WEBER BOND 20141ROCK CMT15 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Tuesday, January 17, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13087 Gallihar Rd Weber Rd to Staples St Bond 2014 Corpus Christi, TX RETL Proposal Number: P011717A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETE) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETE as of the date of this proposal. The estimated testing for this project Is $90,801.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not In violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accomodate all testing requests as they are received and can make occomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques. number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional $33.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LA6ORATORY, 1NC 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (36118834555 • FAX. (361) 8814711 • www,ro[Xlesting.cam Tuesday, January 17, 2017 Page 1 of 7 EXHIBIT "A" Pagel of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. LABORATORY PERSONNEL AdmIn Fee LS -Lump Sum P119 ADMIN35TRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 11s $79.00 $79.00 01. LABORATORY SUBTOTAL $79.00 Tuesday, January 17, 2017 Page 2 of 7 EXHIBIT "A" Page 2 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT SOUS - SACKFUL Densities Trench Backfill LF -1 per 200 LF of each Zane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Trench Backfill EA -1 each material type 1 1 215 215 ea $47.00 510,105.00 43 43 trip 548.00 52,064.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea 560.00 560.00 S310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 1 1 1 ea $63.00 563.00 5510 PROCTOR -STANDARD ASTM 0698 1 1 1 ea 5226.00 $226.00 V486 VEHICLE 1 1 1 trip $48.00 548.00 SOILS - SUBGRADE Densities Behind Curb and Gutter LF-1per 200LF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Densities Sidewalk SF -1 per 5000 SF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938). V486 VEHICLE Densities Subgrade Asphalt Street LF -1 per 100 LF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE Densities Subgrade Driveways EA-levery2 5600-1 NUCLEAR FIELD DENSITY MIN 3 )ASTM 06938) V486 VEHICLE Existing Subgrade EA -1 each material type 1 1 1 1 1 1 1 1 50 50 ea 547.00 52,350.00 10 10 trip 548,00 $480.00 20 20 ea $47.00 5940,00 5 5 trip 548.00 5240.00 245 245 ea $47.00 511,515.00 49 49 trip 548.00 52,352.00 11 11 ea $47.00 5517.00 5 5 trip $48.00 $240.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $60.00 $60.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM 04318 1 1 1 ea 563.00 $63.00 5510 PROCTOR - STANDARDASTM 0698 1 1 lea 5226.00 $226.00 V486 VEHICLE 1 1 1 trip 548.00 548.00 Tuesday, January 17, 2017 Pa : e 3 of 7 EXHIBIT "A" Page 3 of 7 EXHIBIT "A" Page 4 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02.5011.5 SUBTOTAL $31,597.00 03. FLEXIBLE BASE SOILS - FLEX BASE CY-1per 3000CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5190 MATERIALS SAMPUNG CHARGE 1 6 6 ea 560.00 5360.00 5502 ATTERRERGUMITS/PLASTICITYINDEX (withAggregate) ASTM 04318 1 6 6 e 599.00 5594.00 5504 GRADATION (Sieve Analysis) 1 6 6 ea 599.00 5594.00 5522 PROCTOR - MODIFIED ASTM 01557 1 6 6 ea 5266.00 51,596.00 5548 LA ABRASION (ASTM C131) 1 6 6 ea 5338.00 52,028.00 V486 VEHICLE 1 6 6 trip 548.00 $288.00 EA -1 each material type 5546 WET BALI MILL 5606 TRIAXIAL 5610 CAUFORNIA BEARING RATIO (ASTM 01883) Densities of Compacted Base (Asphalt Street) LF -1 per 100 IF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V466 VEHICLE Densities of Compacted Base (Curb and Gutter) LF-1per 200LF 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) V486 VEHICLE 1 1 1 ea 5338.00 5338.00 1 1 1 ea 5781.00 5781.00 1 1 1 ea 5515.00 5515.00 1 1 1 1 245 245 ea 547.00 511,515.00 49 49 trip 548.00 52,352.00 50 50 ea 547.00 30 10 trip 548.00 52,350.00 5480.00 03. FLEXIBLE BASE SUBTOTAL $23,791.00 Tuesday, January 17, 2017 Page 4 of 7 P011717A E13087 Gollihar Rd Weber Rd to Staples St Bond 2014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, R.E. 04. HMA ASPHALT Cored In place densities LF -1 per 1000 LF of street A202 ASPHALT CORING/THICKNESS/DENSITY V486 VEHICLE Full Series T • 1 per 500 tans LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 5 5 ea $104.00 5 5 trip 548.00 5520.00 5240.00 A105 ASPHALT FULL SERIES 1 20 20 ea 5667.00 $13,340.00 5191 SAMPLE PREPARATION CHARGE 1 20 20 ea 572.00 51,440.00 V486 VEHICLE 1 20 20 trip 548.00 5960.00 Rolling Pattern HR -per hour 5200 RO W NG PATTERN 1 20 20 hr 574.00 $1,480.00 04. HMA SUBTOTAL $17,980.00 Tuesday, January 17, 2017 Page S of 7 EXHIBIT "A" Page 5 of 7 P011717A E13087 Gallihar Rd Weber Rd to Staples 5t Bond 1014 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 05. CONCRETE CONCRETE Curb and Gutter 1®7,36E28 LF -1 set every 500 LF LIFTS/MIN QTYFREQ QTY RATE AMOUNT C301-1 CONCRETE CYLINDERS (Min 4) 4 20 80 ea 547.00 53,760.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 10 10 pour 546.00 5460.00 V486 VEHICLE 1 11 11 trip 548.00 5528.00 Curb Past and Grate Inlets 1e7,38p28 EA - l set every 6 each C301.1 CONCRETE CYLINDERS (Min 4) 4 6 24 ea 547.00 51,128.00 5399 CONCRETE CYLINDERS PICKUP FEE 1 6 6 pour 546.00 5276.00 V486 VEHICLE 1 6 6 trip 548.00 5288.00 Driveways 1@7,3@28 SF -1 set every 2500 SF C301-1 CONCRETECYUNDERS (Min4) 4 5 20 ea 547.00 5940.00 5399 CONCRETE CYUNDERS PICK UP FEE 1 5 5 pour 546.00 5230.00 V486 VEHICLE 1 10 10 trip 548.00 $480.00 Manhole Base Footing 1@7,3 W28 EA -1 set every 10 each 0301.1 CONCRETE CYLINDERS (Min 4) 4 3 12 ea 547.00 5564.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $46.00 5138.00 V486 VEHICLE 1 6 6 trip 548.00 5288.00 Sidewalks and Curb Ramps 1dp7.3@28 SF - l set every4600 SF C301-1 CONCRETE CYLINDERS (Min 4) 4 22 BB ea 547.00 $4,136.00 5399 CONCRETE CYLINDERS PICK LIP FEE 1 11 11 pour 546.00 5506.00 V486 VEHICLE 1 12 12 trip 548.00 $576.00 Storm Manholes 1dp7,34k28 EA - l set every Z each C301-1 CONCRETE CYLINDERS (Min 4) 4 13 S2 ea $47.00 52,444.00 5399 CONCRETE CYLINDERS PICK LIP FEE 1 6 6 pour $46.00 5276.00 V486 VEHICLE 1 7 7 trip $48.00 5336.00 05. CONCRETE SUBTOTAL $17,354.00 Tuesday, January 17, 2017 Page 6 of 7 EXHIBIT "A" Page 6of7 GRAND TOTAL $90,801.00 Special inspection such as REBAR INSPECTION are not included in this proposal. Please contact us for a quote for these items if needed. Tuesday, January 17, 2017 Page 7 of 7 EXHIBIT "A" Page 7 of 7 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Eng ineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Fumish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a EXHIBIT "B" Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must fumish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3of6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury -Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) 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. EXHIBIT "B" Page 4 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at h ttps: //www. eth i cs. state. tx. us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi 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:I/www.cctexas.com/govern menticity-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Projects general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chins City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Roetta C. Rock, President Certifying Person: Curtis A. Rock Title: Chief Oneratine Officer Signature of Certifying Person: DEFINITIONS Date: January 09, 2016 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-156792 Date Filed: 01/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13087 Gollihar Rd Weber to St Construction Materials Engineering 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,•,`;�P"'-o. ANDREA B. CANTU .124 .`r, : Notary Public, State of Texas ': 4( Comm. Expires 05-10-2020-AR. ',., ,o;,`,;os Notary ID 124920504 L._.-L Signature o authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said _,_,U1---k--\5 oClZ , this the a ))r ctday of Z 0 20 1 , to certify which, witness my hand and seal of office. OLIMI6i CO att rea .ear k � ,11 .nrC6. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties, Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-159292 Date Filed: 01/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13087 Gollihar Road from Weber Road to Staples Street (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ otiiNiuegriNvo 6 AFFIDAVIT ,,SSI:DA R. /�4,y 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. \NAY r 0 r pG6f'Q9�4: 4r E ica �Z /� a C% _ 1,%•7, ••• Ab.,_ OF .= Signature o thorized agent of contracting Us tress entity �',� C PIK,.y' Oar• AFFIX NOTARY S SEPIA A Sworn to and subscribed before me, by the said jv r 1 ��r this the d 7 t1A- day of TQ n tc4 ( 20 —7 to certify which, witness my hand and seal of office. 7. LvrnA No-lati Ribbc °.Q � 2,ef,,,,(4, Signature of officer administering oath Printed name of officer administering oath Title of officer admirrfstering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, P.E., Assistant City ManagerOa Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services Date: February 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — January 31, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the January 31, 2017 City Council meeting, Mayor Pro Tempore Vaughn requested Staff to provide an informal report explaining past council directives relative to the selection of PCC or HMAC for street reconstruction projects. BACKGROUND & FINDINGS: BOND 2012 PROJECTS: In late 2014, there was recognition that the majority of the Bond 2012 projects were under budgeted. Various strategies were considered to address the funding shortfall. A council resolution (see ATTACHMENT 1) was approved on February 17, 2015 that provided specific guidance on project deferrals, bicycle accommodation and pavement design. The pavement design guidance indicated that certain Bond 2012 projects were to be bid HMAC, others PCC and most were to be bid both HMAC and PCC. BOND 2014 PROJECTS: In April 2013 Council approved a Bond 2014 Execution Strategy that involved funding and initiating the project design efforts in advance of the Bond referendum. In July 2013, Council approved a Reimbursement Resolution to fund design efforts and directed staff to begin procuring design services for the streets listed on Proposition One of the Council -approved project list. Those design contracts were approved by City Council in early 2014. Consultants were directed to take the design effort to an Engineering Letter Report (ELR) level (see ATTACHMENT 2) in order to provide a better budget basis for the Bond referendum. Included in the scope of work for the Bond 2014 ELR's was a pavement lifecycle cost analysis and recommendation. Determining the required pavement section is primarily based the Association of State Highway Transportation ©fcials (AASHTO) Guide for Design of Pavement Structures. The inputs include anticipated vehicle loads, the structural properties of the subbase soil, the desired reliability level and the desired service life. For the lifecycle cost analysis, equivalent pavement sections are developed for both HMAC and PCC using a 30 -year service life. The lifecycle analysis is conducted for a minimum of 30 years considering the cost for initial construction, anticpated maintenance and major repairs at the end of the design life. In some cases, there are other factors that may drive a recommendation for HMAC or PCC such as underground utilities, driveway access requirements and compatibility with existing adjacent pavement. After the Bond 2014 referendum passed in November 2014, the design engineers were released to complete the designs for the Proposition One projects. The original guidance in late 2014 was to base the roadway design on the ELR pavement recommendation for each of the projects. That guidance has not been modified. Amendments have been negotiated on many of the Bond 2014 projects. Those amemdments; however, only addressed the Bicycle Mobility Plan recommendations and Value Engineering on drainage systems. Staff is unaware of any formal council direction to negotiate contract amendments to redesign Bond 2014 projects for both PCC and HMAC pavement structures. RESIDENTIAL RECONSTRUCTION: On December 13, 2016 Council passed a Motion of Direction (see ATTACHMENT 3) that the residential reconstruction pilot projects should be designed as both HMAC and PCC pavement structures. That direction was clarified during the December 20, 2016 meeting to indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated (see ATTACHMENT 4). SEPTEMBER 22, 2015 COUNCIL MEETING: During the January 13th 2017 City Council Retreat, the question was raised about a discussion that took place during the September 22, 2015 City Council meeting. There was a discussion of pavement design during the item awarding the construction contract for the Bond 2012 Proposition 1 Project - Williams Drive Phase 3 (see ATTACHMENT 5). During the discussion, a question was asked whether projects would continue to be bid both ways. There was perhaps a misunderstanding regarding the staff response to this question. Some council members may have considered this as a motion of direction to design all future projects with both HMAC and PCC pavement. The staff response was intended to mean that many of the future projects on both the 2012 and 2014 Bond Programs were being designed to bid both ways. Staff did not consider this discussion as formal direction to pursue design amendments for all Bond 2014 projects that were not scoped at that time to bid with both HMAC and PCC pavement. NEXT STEPS: Staff will continue with the designs of the Bond 2012 projects in accordance with the February 2015 resolution. Additionally, staff has reviewed the Bond 2014 ELR recommendations and determined which projects could be designed with both PCC and HMAC without significantly impacting the schedule. Staff is proposing to include three projects (current ELR's recommended HMAC) that will be re - scoped and designed to include a PCC and HMAC pavement structure. This will involve negotiation of staff -approvable contract amendments. The attached table (see ATTACHMENT 6) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. FEBRUARY 17, 2015 CITY COUNCIL RESOLUTION ATTACHMENT 1 Resolution directing staff to proceed with bidding remaining Bond 2012 Protects; and providing direction on specific projects. WHEREAS, at the regular council meetings of January 27, 2015 and February 17, 2015, staff presented the City Council with information related to the Bond 2012 program; WHEREAS, Council has considered general items applicable to all projects as well as items that apply to individual projects; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To the extent that the funds authorized under the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will issue Certificates of Obligation (COs) to provide additional funding. SECTION 2. The following Bond 2012 projects are directly affected by the new Harbor Bridge construction and will be deferred and reassessed at a later date: the Twigg Street Project, from Shoreline Boulevard to Lower Broadway Street; and the Leopard Street Project, from Crosstown Expressway to Palm Drive. SECTION 3. The following streets recommended to be constructed with Hot Mix Asphalt Concrete (HMAC) will be bid for both HMAC and Concrete unless underlying structural conditions warrant otherwise: South Alameda Street, from Ayers Street to Louisiana Avenue; South Staples Street, from Brawner Parkway to Kostoryz Road; Staples Street from 1-37 to Morgan Avenue; Kostoryz Road Project, from Brawner Parkway to Staples Street, and Williams Drive, from South Staples Street to Airline Road. SECTION 4. The following projects are to be designed and constructed without designated bike lanes: Kostoryz Road Project, from Brawner Parkway to Staples Street; Greenwood Drive Project, from Gollihar Road to Home Road, and Tuloso Road Project (wide shoulders only), from 111-37 to Leopard Street. SECTION 5. In connection with the following project, staff will plan a future hike and bike trail project along Airport Ditch through H.P. Garcia Park with access to Greenwood at Home Road and Gollihar Road: the Greenwood Drive Project, from Gollihar Road fa Home Road. SECTION 6. The following project is to be designed and constructed to improve pedestrian/ADA crossings at both Kostoryz Road and Texan Trail to replace the 030482 Page 1 o13 INDEXED existing crosswalk to Ray High School: the South Staples Street Project, from Brawner Parkway to Kostoryz Road. SECTION 7. Exhibit "A" (attached and incorporated herein), describes more fully the design and construction directives for certain projects. SECTION 8. Staff Is directed to proceed with the Bond 2012 Program. ATTEST: P.Ick,ex. Rebecca Huerta City Secretary H C OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 3 EXHIBIT A BOND 2012 Streets: 1 Discussion and Notes: • • Twigg Leopard Remain on Deferral. • Morgan (Staples to Crosstown) • • Include in active project list (additional funding may be required). Continue coordination with Hospital including monthly meetings are held with hospital and development. • • • Alameda Staples (1-37 to Morgan) Williams • Bid with both Concrete and HMAC. • Kostoryz • Bid with both Concrete and HMAC; • No Bike Lane; • Evaluate bicycle connectivity to Del Mar and nearby schools during final design. • Staples (Kostoryz to Brawner Pkwy) • • Bid with both Concrete and HMAC Existing crosswalk to Ray High School removed with improved pedestrian/ADA crossings at both Kostoryz and Texan Trail. This was coordinated with Ray HS, Police, Traffic Engineer, and RTA to improve safety for parents, children and general public. • Tuloso • Constructed as concrete with wide shoulders to accommodate bikes. • Ocean Drive • Constructed as HMAC; HMAC recommended to avoid potential joint failures (separation, raised & depressed panels, cracking, etc.) assodated with poor subgrade materials (dredged fill). • Greenwood • No Bike Lane; plan future project for hike & bike along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne and Gallihar. • Holly • Proposed median approximately 70% Xeriscape plantings and 30% grass is under review for additional Hardscape, project is a 80/20 shared cost with TxDOT (80%). Page 3 of 3 Corpus Christi, Texas U' of , The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Aky SEPTEMBER 12, 2014 SAMPLE ENGINEERING LETTER REPORT (ELR) EXCERPT ATTACHMENT 2 FINAL ENGINEERING LETTER REPORT GOLLIHAR ROAD IMPROVEMENTS Kostoryz Road to Weber Road (Bond 2014) CITY PROJECT NO(s) E13088 & E13089 SUBMITTED TO: CITY OF CORPUS CHRISTI, TEXAS CAPITAL PROGRAMS Corpus Chr sti Capital Programs SUBMITTED BY: raRVE, Inc. engineering — surveying TBPE Firm Reg. No. F-2037 September 12, 2014 Table of Contents ExecutiveSummary ................... I. Introduction Z 11. Street Improvements ? A. TRAFFIC STUDY & SIGNAL IMPROVEMENTS 3 B. PAVEMENT IMPROVEMENTS 4 C. DRIVEWAYS, SIDEWALKS AND CURB RAMP IMPROVEMENTS 4 D. RTA (BUS) IMPROVEMENTS 5 E. STRIPING AND SIGNAGE IMPROVEMENTS 5 III. Drainage Improvements 5 A. EXISTING CONDITIONS AND PROJECT OBJECTIVES 5 B. STRUCTURAL ANALYSIS OF THE EXISTING BOX CULVERTS 6 C. STORM SEWERIMPROVEMENTS ........................... 7 IV. Water Improvements 9 V. Wastewater Improvements 9 VI. Dry Utility Improvements l0 VII. Traffic Control 1 1 VIII. Opinion of Probable Cost l 2 IX. Summary & Engineer Recommendations 13 APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix 1 Appendix J Appendix K Appendix L Appendix M Appendix N — Existing Conditions Map — Proposed Street & Utility improvements — Private Improvements in Right -of -Way — Traffic Study Merno — Geotechnical Report — 30 -Year Pavement Life Cycle Cost Analysis — Drainage Report & Supplement — Culvert Evaluation Report — Local Area Drainage Map — Ultimate Offsite Drainage Improvements — Existing Storm Trunk Line Profile — Proposed Storm "Trunk Line Profile — Existing 14" HP Gas Line Profile — Opinion of Probable Cost Gollihar Road Improvements — Kostoryz Road to Weber Road Final Engineering Letter Report Executive Summary On March 18, 2014 the City of Corpus Christi City Council executed a contract for engineering services with RVE, Inc. ("RVE") for Gollihar Road Improvements — Kostoryz Road to Weber Road (City Project No(s) E13088 & E13089) — the "Project". On March 20, 2014, RVE received a Notice to Proceed on the Project from the City Engineer. The Project includes the complete reconstruction of Gollihar Road from Kostoryz Road to Weber Road, approximately 5,300 feet in length. The objectives of the Project are to replace the existing deteriorated hot -mix asphalt concrete (1-HMAC) road, sidewalks and curb ramps with new infrastructure, provide bike lanes inside the curbs on both sides of the roadway, increase the capacity of the existing underground storm sewer system and upgrade the existing water and wastewater infrastructure. The Project will he funded by two (2) 2014 Bond Projects: Golliltar Road from Kostoryz Road to Carroll Lane (City Project No. E13089) and Gollihar Road from Carroll Lane to Weber Road (City Project No. E13088). The Project will be bid, however, as one project. Per the City's Urban Transportation Plan, Gollihar Road from Kostoryz Road to Weber Road is classified as an Al Arterial Street, which is to contain five (5) lanes in a 95' right-of- way. The existing road contains five (5) lanes - two (2) travel lanes in each direction and a center. continuous left -turn lane — in an 80' right-of-way. The Project does not include right-of-way acquisition to create a 95' right-of-way. The 5 -lane configuration will be maintained with the Project, however, in order to provide bike lanes within the curb on both sides of the road within the existing 80' right-of-way, the lane widths will be reduced. Two (2) 10.5' wide travel lanes will be provided in both directions with an II" wide continuous left -turn lane down the middle. Two (2) 4' wide bike lanes will be created on both sides of the new road adjacent to the curb. Tied, 5' wide concrete sidewalks will be provided on both sides of the new road. The total width of surface improvements is 75' with minor variances along the Project length, which allows a 2' to 3' separation between the back of proposed sidewalk and the 80' right-of-way. RVE recommends a new pavement section composed of HMAC based upon facts presented in this report. The local underground storm sewer collection system (laterals and curb inlets) will be replaced with new infrastructure with a 25 -year storm capacity. Additional large box culverts will be installed adjacent to the existing storm trunk line (box culverts) beneath Gollihar Road to increase the existing capacity to a 25 -year frequency rain event in accordance with the City's Drainage Criteria Manual. All non -PVC water laterals and all VCP wastewater mains and laterals will be replaced with new infrastructure. All wastewater manholes will be replaced or rehabilitated with fiberglass manholes or liners. The Project will be funded through a combination of street funds (2014 Bond) and C.I.P. utility funds. The City's estimated construction budget is $16.3 million. The preliminary Opinion of Probable Cost of the Project is $13.8 million: $4.3 million for street improvements and $9.5 million for utility improvements. Gollihar Road Improvements -- Kostoryz Road to Weber Road Final Engineering tetter Report Page 1 with the 60% Submittal Package. PAVEMENT IMPROVEMENTS On May 7, 2014, Rock Engineering and Testing, Inc. ("ROCK") prepared a geotechnical report containing information on the existing soils and pavement recommendations. ROCK performed eleven (11) pavement/soil borings in the field. Six (6) of the borings were taken to a depth of 20', and five (5) were taken to a depth of 5'. ROCK's report is attached in Appendix E. RVE: analyzed two (2) 30 -year pavement sections listed below: - Hot -mix, asphalt concrete (HMAC) section: and - Reinforced concrete section. We performed a 30 -year Life Cycle Cost Analysis (LCCA) on the two (2) options to determine the more economical section. Based upon the existing soil conditions on the Project, ROCK recommended the following 30 -year pavement sections: HMAC Pavement 2.0" Type `D' HMAC over 3.0" Type 'B' HMAC over 9" Type 'A', Grade 1 Limestone Base over TX -5 Geogrid (or equal) Reinforced Concrete Pavement 8" Jointed, Reinforced Concrete over 1" Type 'D' HMAC over 6" Type 'A', Grade I Limestone Base Typically, subgrade soils in the Corpus Christi area are found to be highly expansive with a Plasticity Index between 30 and 40. In those soil conditions, RVE recommends lime -stabilization of the subgrade under new pavement. The average Plasticity Index of the subgrade soils encountered on this Project, however, is 20. As such, lime -stabilization of the subgrade is not recommended on the Project. RVE. used the Federal Highway Administration's (FHWA) RealCost V2.5 program to perform a 30 -year LCCA on the two (2) pavement section options -- attached in Appendix F. The results of the analysis indicate that the Reinforced Concrete Pavement section is the more economical section after 30 years when both City Costs and User Costs are considered. The analysis results for each pavement option are listed below. The number in RED represents the lesser cost for each category. Pavement Section I-IMAC Pavement Reinf. Concrete Pavement Initial Construction Cost $2.82 Million $4.00 Million 30 -Yr. Present Value Cost (w/o User Costs) $3.72 Million $4.30 Million 30 -Yr. Present Value Cast (wl User Costs) $5.75 Million $6.00 Million Based upon the cost comparison presented above, RVE recommends that the City use the HMAC pavement option for the new road surface. Gollihar Road Improvements - Kostoryz Road to Weber Road Final Engineering tetter Report Page 4 DECEMBER 13, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 3 City Council Meeting Minutes December 13, 2016 Council Member Garza made a motion to approve the ordinance, seconded by Council Member McComb. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb. Council Member Smith and Mayor McQueen Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031011 17, Second Reading Ordinance - Appropriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive Ordinance appropriating 52,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of 597,764 for the design of Rogerson Drive. Mayor McQueen referred to item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $2.5 million from the Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive and to execute two design contracts, one with Urban Engineering for the design of Ralston Avenue from Staples Street to Alameda, and one with Freese and Nichols for the design of Rogerson Drive from McArdle to Sunnybrook. Staff will use these two projects to provide better pricing information and data to further develop the program. Projects are planned to go out for bid in the May/June 2017 timeframe with construction projected for July 2017. Council members spoke regarding the following topics; the use of internal staff or consultants to monitor the program; Ralston Avenue and Rogerson Drive being two good candidates for the program; bidding both asphalt and concrete; what ether cities are doing on residential streets; the reason the engineering fees are different for the two projects; a future discussion of the use of concrete when developing new neighborhoods; the budgeted amount for residential and local streets; the initial intent of staff to design both streets using asphalt; the pothole repairs on both streets; public notification for residents regarding construction on the streets; a lifecycle cost analysis for concrete and asphalt; the current cost for concrete; whether the funding will Include curb and gutter; the cost matrix used to determine the difference In cost between pothole repair and reconstruction; options for cost-plus contracts; the percentage that these test projects are of all residential streets Corpus Christi Page 12 Printed on 12128/2016 City Council Meeting Minutes December 13, 2016 that require repairs; the opportunity to manufacture our own materials; creation of a council committee for residential streets; financing for residential streets; and the test projects providing better pricing information and data. Mayor McQueen called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of the use of concrete for residential streets. Sir Frederick von USA King VII, 1442 Arlington Drive, spoke in support of the use of asphalt. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to bid the projects in both concrete and asphalt, seconded by Council Member Guajardo. This Motion of Direction was passed with the following vote: McQueen, Garza, Hunter, Guajardo, McComb, Molina, Rubio, and Vaughn, voting "Aye", Smith voting "No". Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb, Council Member Smith, Mayor McQueen and Council Member Molina Abstained: 0 Enactment No: 031013 18. Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Mayor McQueen referred to Item 18. Interim Director of Human Resources Steven Viera stated that the purpose of this item is to continue the Texas Municipal Retirement System (TMRS) updated service credits for current participants and increases for current and prior annuities. These provisions adhere to the terms of the collective bargaining agreement with the Corpus Christi Police Officers' Association. Mr. Viera explained that unlike most public retirement systems, TMRS is a hybrid design instead of a defined benefit plan based on the percentage of salaries such as the City of Dallas. The TMRS plan is cash balanced in nature, meaning it is based on the contributions made by the employee, the matching amount by the City and interest income credited to the employee's account over the employee's career. Mr. Viera provided Corpus Christi Page 13 Printed on 1 2/2 812 01 6 December 20, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 4 City Council Meeting Minutes December 20, 2016 MOTION TO RECONSIDER Council Member McComb made a motion to reconsider the motion of direction for Item No. 17 on the December 13, 2016 agenda, seconded by Council Member Vaughn. This motion to reconsider was passed and approved with the following vote: McQueen, Guajardo, Hunter, McComb, Molina, Smith, Vaughn, and Garza, voting' .Aye"; Rubio voting "No` MOTION OF DIRECTION Council Member McComb made a motion directing the City Manager to bid reconstruction projects in both concrete and asphalt, not repair projects, seconded by Council Member Smith and passed unanimously. J. CONSENT AGENDA: (ITEMS 3 - 26) 3. 4. Approval of the Consent Agenda Mayor McQueen referred to the Consent Agenda. Council members requested that items 8, 12, 13, 15, 16, 17, 18 be pulled for individual consideration. City Manager Rose requested that Item 26 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Smith, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McQueen, Council Member Garza, Council Member Guajardo, Council Member Hunter. Council Member McComb. Council Member Molina, Council Member Rubio. Council Member Smith and Council Member Vaughn Abstained: 0 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was passed on the Consent Agenda. Enactment No: M2016-162 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Coastal Bend Health Facilities Development Corporation and Corpus Christi Page 4 Printed on 1117120}7 SEPTEMBER 22, 2015 CITY COUNCIL MEETING MINUTES ATTACHMENT 5 City Council Meeting Minutes September 22, 2015 18. First Reading Ordinance - Construction Contract and Construction Materials Testing Contract for Williams Drive Phase 3 from Staples Street to Airline Road (Bond 2012) Ordinance appropriating anticipated revenues; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,698,783.50 for the Base Bid; and to execute a construction materials testing contract with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $112,135 for Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012). Mayor Pro Tem Vaughn referred to Item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with Reytec Construction Resources, Inc. and a construction materials testing contract with Tolunay-Wong Engineers, Inc. for Bond 2012 Street Project, Williams Drive Phase 3 from Staples Street to Airline Road. This project is a joint project with the City of Corpus Christi and the Texas Department of Transportation (TxDOT), which includes: the widening of Williams Drive and the replacement of the existing two-lane asphalt road with a new four -lane concrete road; new 10 -foot wide, combined pedestrian/bicycle paths on both side of the street; the replacement of six RTA pads; and utility improvements. The project is estimated to be completed by February 2017. There were no comments from the public. Council members spoke regarding the following topics: bidding the project with asphalt and concrete (Additive Alternate Nos. 1 and 2); Indication that other projects are being bid with concrete as the lowest bids; and Additive Alternate No. 2 including wastewater lines. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member Riojas and Council Member Rosas Abstained: 0 19. First Reading Ordinance - Appropriating capital proceeds accrued from June 1, 2014 through July 31, 2015 in their respective Capital Improvement Program Funds Ordinance appropriating amounts of (a) $13,184.50; (b) $290,604.57 (c) $484,822.06; (d) $47,395.11; and (e) $192,120.28 into the Airport CIP, Bond Proceed, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Corpus Christi Page 12 Printed on 9/29/2015 BOND 2014 CURRENT AND PROPOSED PAVEMENT RECOMMENDATION ATTACHMENT 6 Street Bond Projects - Pavement Recommendations PROJECT NUMBER PROJECT TITLE Bond STATUS Current Design Proposed Design 113099 Waldron Rd (Airdame Dr to Caribbean Or) Bond 2014 Prop 1 Complete HMAC HMAC E13100 Santa Fe 5t (Elizabeth 5t to Hancock 5t) Bond 2014 Prop 1 Complete HMAC HMAC 113095 Southern Minerals Rd (tip River Rd to iH-37) Bond 2014 Prop 1 Construction PCC PCC E13086 Alameda 5t (Kinney 5t to ligan St) Bond 2014 Prop 1 Construction HMAC HMAC E1S111 North Padre Island Beach Access Road 3A Bond 2014 Prop 2 Construction PCC PCC E13088(E13089 Gollihar Rd (Weber Rd. to Carroll In.) Fiord 2014 Prop 1 Council Award HMAC HMAC 5130137 Galli har Rd (South Staples to Weber Rd) Bond 2014 Prop 1 Council Award HMAC HMAC 015109 Ennis loslin Road Extension (Hotly to Williams) Bond 2014 Prop 7 Cnnec1 Award HMAC HMAC 013092 Ayers St (Alameda 5t to Ocean Dr) Bond 2014 Prop 1 Bidding HMAC HMAC E13096 Yorktown Blvd (Everhart Rd to Staples St) Bond 2014 Prop 1 Pending Bid Both Both (13097 Carroll Lane{Houston St to MCArdie Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €13091 Carona Dr (Flynn Pkwy to Everhart Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €15122 Creek View Drive Extension Bond 2014 Prop 2 Final HMAC HMAC E15111 North Padre Island Beath Access Road 2 Bond 2014 Prop 2 Pre-FVnal PCC PCC 513099 Old Robstown Rd (Highway 44 to Leopard St) Bond 2014 Prop 1. Pre -Final HMAC HMAC €13093 Yorktown Blvd (Lake Travis to Everhart Rd) Bond 2014 Prop 1 Pre -Final HMAC HMAC 015106 Ayers St- Pedestrian improvements and Turn Lane Bond 2014 Prop 2 75% HMAC HMAC 113094 Staples St (Alameda 5t to Morgan 5t) Bond 2014 Prop 1 60% Both Both (15107 Chaparral Street - Phase 2 (Schatael to Taylor) Bond 2014 Prop 2 30% HMAC Both 115110 Flato Road - Agnes to Bates Bond 2014 Prop 30% HMAC Both E15112 Rodd Field Road Expansion (Saratoga to Yorktown) Bond 2014 Prop 2 30% HMAC Both 133090 Morgan Ave (Staples St to Ocean Dr) Bond 2014 Prop 1 On Ho)4 Both Both PCC HMAC Both Advertised or in Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Maintenance and Calibration Service Agreement with Hach Company CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Hach Company, of Loveland, Colorado for maintenance and calibration services as a sole source for a total amount not to exceed $422,713.80, with an estimated expenditure of $79,838.27 in FY2016-2017. The term of the agreement is for three 12 -month periods with an option to extend for up to two additional 12 -month periods at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call general maintenance and calibration services for Hach instruments at the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The City currently utilizes 17 classification types of Hach instruments, of which multiple instruments are located within O.N. Stevens Water Treatment Plant and Water Quality Division. Hach Company provides maintenance and calibration services on Hach online instrumentation for the plant and water quality sites through individual service agreements. Staff recommends consolidating the various agreements to one for a comprehensive standard preventative maintenance and service plan to be more cost effective and efficient in managing cost and services. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $804,540.45 $342,875.53 $1,147,415.98 Encumbered / Expended Amount $361,120.61 $0.00 $361,120.61 This item $79,838.27 $342,875.53 $422,713.80 BALANCE $363,581.57 $0.00 $363,581.57 Fund(s): Water Comments: The initial contract term is a total amount not to exceed $136,865.60 the first 12 -month period, with an estimated expenditure of $79,838.27 to be funded in FY2016-2017. The total estimated contract value will be $704,523.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement SERVICE AGREEMENT NO. 975 HACH MAINTENANCE AND CALIBRATION SERVICES THIS Hach Maintenance and Calibration Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Hach Company ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hach Maintenance and Calibration Services in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Hach Maintenance and Calibration Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for up to three 12 -month periods (up to 36 months in total), with performance commencing on February 1, 2017 ("Effective Date"), for the first 12 -month period. This Agreement will renew for up to two additional 12 -month periods ("Option Period"), provided, the City has not provided the Contractor with at least a 90 -day advance written notice prior to the beginning of each Option Period. The decision to cancel the exercise of an Option Period to extend the term and end Services under this Agreement is, at all times, within the sole discretion of the City. 3. Compensation and Payment. The total value of this Agreement is not to exceed $136,865.60, subject to extensions and changes. Payment will be made by the City for the first 12 -month period of Services within 30 days of the Effective Date, 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. Page 1 of 8 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: Diana Zertuche Garza Utilities Treatment; Water Utility Support Service Group 361-826-1827 Email: DianaGcctexas.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 Contractor shall provide the City 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. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge Page 2 of 8 cannot be made by the Contractor, a replacement service may be procured by the City on the open market. 8. Warranty. Contractor warrants to City that each of the goods conforms to its written warranty set forth in its user manual in effect on the date of purchase, or, if there is no express warranty therein, that each of the goods will be free from defects in material and workmanship and will conform to the manufacturer's quoted specifications for 12 months from delivery. Warranties do not extend to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. Contractor warrants that it will perform all Services in accordance with its standard practices and that the Services will be free from defects in workmanship for a period of 90 days from their date of performance. If Contractor breaches this warranty and the City notifies Contractor of such breach within 30 days of the end of the applicable warranty period, Contractor will, at its option, either replace or repair the nonconforming goods, or re -perform any nonconforming Services, or refund the amounts paid by City to Contractor for the nonconforming goods and/or Services. THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. CONTRACTOR EXPRESSLY DISCLAIMS ANY REMEDIES OF "COVER" AND ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes, as applicable. 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 Contracts/Funds Administrator O. N. Stevens Water Treatment Plant 13101 Leopard St. Corpus Christi, TX 78410 Fax: (361) 826-4488 IF TO CONTRACTOR: HACH Company Attn: Robbin Crane Page 4 of 8 Service Product Line Manager P. O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Fax: (970) 619-5823 17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, ANY AND ALL INDEMNIFICATION OBLIGATIONS IMPOSED UPON CONTRACTOR ARE LIMITED TO THE PROPORTIONATE EXTENT OF THOSE DAMAGES CAUSED BY CONTRACTOR'S BREACH OF THE AGREEMENT, NEGLIGENCE, WRONGFUL CONDUCT, OR VIOLATIONS OF LAW. Page 5 of 8 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Page 6 of 8 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 25. Limitation of Liability. THE TOTAL LIABILITY OF CONTRACTOR AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS ARISING OUT OF PERFORMANCE, NONPERFORMANCE, OR OBLIGATIONS IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, AND/OR USE OF GOODS AND/OR SERVICES IN NO CIRCUMSTANCE INCLUDES ANY LIQUIDATED, PENALTY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR EXCEED AN AMOUNT THAT IS UNREASONABLY DISPROPORTIONATE TO THE TOTAL AMOUNT OF COMPENSATION ACTUALLY PAID TO CONTRACTOR UNDER THE AGREEMENT, EXCEPT ONLY IN THE CASE OF DAMAGES ARISING DUE TO CONTRACTOR'S WILLFUL MISCONDUCT. (SIGNATURE PAGE FOLLOWS) Page 7 of 8 CONTRACTOR ))0,it,4Signature: /v `- L✓- Printed Name: Mit-G(4-EL L4. Zvie't-SK/ Title: tm -, /\• 4 S e ac- - it /'o►<-T— Date: ail /r7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 8 of 8 Attachment A: Scope of Work The City currently utilize 17 classification types of HACH instruments, of which multiple instruments are located within O.N. Stevens Plant and Water Quality Diviision. The Contractor will continue to provide ongoing maintenance and calibration services of all existing instruments located throughout the Plant. The following 17 classifications types of instruments are defined below; • 1720E: Online Turbidity Meter; measures turbidity at the filter stations • 2100AN: Benchtop (Lab) Turbidity Meter; measure turbidity at the Lab for samples • 2100Q: Portable Turbidity Meter; measures turbidity at the Lab and field • APA 6000: Free Ammonia/ Monochloramine analyzer; Measures free ammonia and monochloramine at the plant and boosting stations • BioTector 3500C: Total Organic Carbon (TOC) Online Analyzer; measures TOC at the high service stations • CL17: Free/Total Chlorine analyzer; measures free and total chlorine at the plant and boosting stations • CLT10: Reagent -less Total Chlorine analyzer; measures total chlorine at the plant and boosting stations • CLF10: Reagent -less Free Chlorine analyzer; measures free at the plant and boosting stations • DR900: Portable Spectrophotometer; measures a wide range of parameters at the Lab and the field like, chlorine, free ammonia, monochloriamine, nitrate, nitrite, iron, etc. • DR6000 UV -VIS: Benchtop (Lab) Spectrophotometer; measures a wide range of parameters at the Lab like, chlorine, free ammonia, monochloriamine, nitrate, nitrite, iron, etc. • FilterTrak 660/660sc: Online Turbidity meter; measures turbidity at the filter stations • pH, ORP and Conductivity Sensors, PD & RD (analog pH and ORP), DPD & DRD (Digital pH and ORP), 6XXXPX Series Differential pH Sensors, Conductivity Sensor: pH probe, ORP probe, Conductivity Probe; measures pH, ORP and conductivity • QC8500: Lachat QuickChem Flow Injection Analysis System; determines ionic species in a sample • Sc100/sc200: Controller for online analyzer/meters and probes, 2 channels; control meters and probes and send signal to control room • Sc1000: Controller for online analyzer/meters and probes, up to 6 channels; control meters and probes and send signal to control room • Solitax: Online Turbidity probe; measures turbidity at the front of the plant • Surface Scatter 7: Raw Water Online Turbidity Meter; measures turbidity of the raw water coming into the plant Contractor shall provide a comprehensive standard service to each of the 17 classifications outlined in the Hach service plans on the following exhibits. Exhibit -Service Plus Certified Programs 1 of 17 SERVICEPLUS"° CERTIFIED PROGRAMS 1720E Field Service Partnership Your Hach 1720E Field Service Partnership (FSP) provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly yearly • Calibrate via StablCal/Formazin standards and/or verification with ICE PICTM. • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair controller in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS 2100AN Field Service Partnership Your Hach 2100AN Field Service Partnership (FSP) provides: all inclusive parts and one scheduled preventative maintenance visit performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Calibration via StablCal/Formazin standards and calibration verification with Gelex standards upon request • Replace lamp assembly, as necessary • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 2 of 17 Be Right'" r SERVICEPLUS® CERTIFIED PROGRAMS 2100Q BenchPlus Service Plan Your Hach 2100Q BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly if necessary • Calibration via StablCal/Formazin standards and calibration verification with Gelex standards upon request • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 3 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS APA 6000 Field Service Partnership Your Hach APA 6000 Field service plan provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The Field Service Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Reagent dispensation system. • Colorimeter cleaning and inspection. • Replace the valve rotor, pump seals, O -rings, tubing and fittings, if necessary during each visit at no additional charge • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 4 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS BioTector 3500C Field Service Partnership 5 of 17 Your Hach BioTector 3500C Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters. • Verify all instrument connections (including initial evaluation of the network topography). • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages. • Reagent and sample dispensation system. • Instrument auto calibration feature. • Instrument sample sequencing feature • Replace maintenance kit items, as necessary, during each visit with no additional charge • Verify software and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS CL17 Field Service Partnership 6 of 17 Your Hach CL17 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace tubing and fittings as necessary • Verify Reagent dispensation system • Verify Colorimeter operation • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 SERVICEPLUS® CERTIFIED PROGRAMS CLT10 and CLF10 Field Service Partnership 7 of 17 Your Hach CLT10/CLF10 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Verify Sample flow • Verify Chlorine Sensor operation • Verify pH sensor operation (if equipped)** • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). **The CLF10 and CLT10 can be equipped with an optional pH sensor. The pH Sensor performance will be checked by Hach Service while on site. However, coverage of the sensor itself is purchased separately. Please ask for PMP-GLPHORP-1V for prorated coverage of your pH sensor hach.com/service 1 800-227-4224, ext. 6178 Be Right'" T SERVICEPLUS® CERTIFIED PROGRAMS DR900 BenchPlus Service Plan Your Hach DR900 BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace batteries if necessary and or applicable • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 8 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS DR6000 UV -VIS BenchPlus Service Plan Your Hach DR6000 BenchPlus Service Plan provides the following at no additional charge: • One (1) on-site visit per year for certification and preventative maintenance or one (1) basic Start -Up. (Advance notice required from the customer if Start -Up is required) • Factory repair • Five day turn around for repairs, preventative maintenance, and calibrations • Toll-free Hach technical support available Once instruments are on a Service Plan, there is no need for additional PO's throughout the year; all instrument repairs, calibration, and preventive maintenance goes through Hach's convenient return process. During the one (1) pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace Halogen lamp assembly if necessary (Note: UV lamp is not a PM item and will not be covered during initial evaluation) • Verify software version and update as necessary Factory Repairs • Perform required repair service including parts and labor as necessary • Loaners of similar functionality will be provided upon request, subject to availability • Abuse or Acts of God are not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 9 of 17 SERVICEPLUS® CERTIFIED PROGRAMS FilterTrak 660/660sc Field Service Partnership 10 of 17 Your Hach Filtertrak 660/660sc Field Service Partnership (FSP) provides: all inclusive parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Inspect the laser assemble and perform limited instrument cleaning • Calibration via calibration kit and/or calibration verification with NIST Formazin Standards • Setting baseline for VQC (Verification Quick Check) if available from customer • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS pH, ORP and Conductivity Sensors PD & RD (analog pH and ORP) DPD & DRD (Digital pH and ORP) 6XXXPX Series Differential pH Sensors Conductivity Sensor Preventative Maintenance Agreement Your Hach pH, ORP and Conductivity sensor Preventative Maintenance Partnership (PMP) provides preventative maintenance performed by a Hach Field Service Technician. In addition, the Hach Technical Support Team is available to assist in troubleshooting your specific instrument. Please have your contract#, Model# & Serial# available when you call. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Performance testing of pH sensor with pH buffers (as applicable) • Performance testing of ORP sensor with ORP Test Solution (as applicable) • Performance testing of conductivity sensor with conductivity standard (as applicable) • Calibration of meter/sensor combination. • Replace Salt Bridge and filling solution once per year (as applicable) Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. hach.com/service 1 800-227-4224, ext. 6178 11 of 17 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS QC8500 Field Service Partnership 12 of 17 Your Lachat QC8500 Field Service Partnership (FSP) provides all inclusive parts, one scheduled periodic, preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by our Hach Technical Support Team. To contact your Hach Technical Support Team call the Special Priority toll free number, this is included with your Partnership documentation. During the pre -scheduled site visits your Hach Field Service Technician will evaluate and perform the following: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Core Unit - Replace source lamp, inspect/replace the source socket assembly, test power supplies, and inspect distribution boards. • Valve - Replace valve rotor, clean internal valve parts, inspect motor and sector wheel, align sensor, and flow test valve. • Detector - Inspect fiber optic cables, calibrate and test detector. • Pump - Inspect gears, lubricate necessary parts, verify stand-by feature, and calibrate speed control. • Sampler — Inspect/lubricate x and y axis, inspect z drive assembly, align sample tubes, test sampler. • Heater — Re -wrap heater block and verify heater operation. • Eluent Pump (IC option only) - Replace seals, clean internal pump head, inspect check valves, and test operation. • Conductivity Module (IC option only) - Clean flow cell, calibrate detector, and perform pcb and heater test. • Fluidics — Replacement of sample lines, waste lines, flow cell flares, and valve tubing. • Dilutor — Is covered under the Agreement, however due to the test equipment required to verify proper operation of the dilutor, the dilutor cannot be serviced on site. The instrument must go the bench to be serviced. • Calibrate to factory recommended specifications • Verify software version and update as necessary SERVICEPLUS® CERTIFIED PROGRAMS Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). Special Notes • Coverage is based off of the Core unit. • Digester and Micro Dist are not covered under this Partnership. If you would like to have coverage on the Digester and / or Micro Dist, Hach has specific Partnership's for those components. hach.com/service 1 800-227-4224, ext. 6178 13 of 17 SERVICEPLUS® CERTIFIED PROGRAMS sc100/sc200 Preventative Maintenance Agreement Your Hach sc100/sc200 Preventative Maintenance Partnership (PMP) provides preventative maintenance performed by a Hach Field Service Technician. In addition, the Hach Technical Support Team is available to assist in troubleshooting your specific instrument. Please have your contract#, Model# & Serial# available when you call. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Verify AC power to the controller is within recommended specification limits • Calibration 4-20ma recorder outputs • Verify software version and update as necessary Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) *Please see standard terms and conditions for limitations. **Probes are not included in this coverage. Probes must be covered separately hach.com/service 1 800-227-4224, ext. 6178 14 of 17 Be Right'" SERVICEPLUS®' CERTIFIED PROGRAMS sc1000 Field Service Partnership 15 of 17 Your Hach sc1000 Field Service Partnership (FSP) provides: all inclusive parts and one scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Perform diagnostics and communication to sc1000 sensors. • Verify network communication via installed communication card. • Calibrate recorder outputs for each sensor installed on the sc1000 • Verify relay setup & operation if applicable • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS Solitax Field Service Partnership 16 of 17 Your Hach Solitax Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visit, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning. • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Evaluate Hach supplied sample conditioning equipment and probe mounting devices • Verify Sensor operation • Calibration with StablCal Turbidity Standards or a sample specific calibration is performed. • Replace wiper, wiper shaft O -rings and fittings once a year or as necessary during each visit at no additional charge. • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair controller in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required from the customer.) Hach.com/service 1 800-227-4224, ext. 6178 Be Right'" SERVICEPLUS® CERTIFIED PROGRAMS Surface Scatter 7 Field Service Partnership 17 of 17 Your Hach SS7 Field Service Partnership (FSP) provides: all inclusive parts and two scheduled preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special priority toll free number that will be included with your Partnership documentation. During the pre -scheduled site visits, your Hach Field Service Technician will complete: Verification of Instrument performance/Maintenance • Perform limited instrument cleaning • Review and evaluate user programmed parameters • Evaluate all instrument alarm and warning conditions (internal to your Hach instrument) • Verify instrument operating voltages • Replace lamp assembly yearly • Calibrate via calibration cylinder with 4000 NTU Formazin Turbidity Standard • Verify software version and update as necessary Repairs • Perform required repair service including parts and labor as necessary • Includes sending unit to the factory if unable to repair in the field at no additional charge. This instrument will go to the head of the bench repair queue. • Abuse or Acts of God not covered. Reporting/Certificate of Performance • Provide Hach Field Service Report with complete documentation of service performed and measurements/readings. • Issue Certificate of Instrument Performance for each instrument that successfully passes final testing. Training • Provide basic end user training on general instrument operation and maintenance (Advance notice required by the customer). hach.com/service 1 800-227-4224, ext. 6178 Exhibit- Location of Instruments Location and Instruments to be serviced at the ON. Stevens Water Treatment Plant are outlined below: 1 of 6 Stevens WTP 12/8/2016 Location Instrument Service Serial # Address Location Start Date End Date Year 1 Price Contact RAW Water SC1000 FSP - 1 Visit 1366364 31 -AIC -0301 N54Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1505448081 31 -AIT -0303 N54 SP0301 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431258 31 -AIT -0305 N54 SP0301 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1303662071 31 -AIT -0304 N54 Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1487867 31 -AIT -0302 N54 SP0301 2/1/2017 1/31/2018 $970.00 Burt Smith RAW Water SC1000 FSP - 1 Visit 1366591 31 -AIC -0306 S54 Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1505448122 31 -AIT -0308 S54 SP0302 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431260 31 -AIT -0310 S54 SP0302 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1101660209 31 -AIT -0309 S54 Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1487681 31 -AIT -0307 S54 SP0302 2/1/2017 1/31/2018 $970.00 Burt Smith RAW Water SC1000 FSP - 1 Visit 1366597 31 -AIC -0311 TEX Junction Box 2/1/2017 1/31/2018 $240.00 Burt Smith RAW Water pH Sensor PMP -4 Visit 1504447401 31 -AIT -0313 TEX SP0303 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water ORP PMP -4 Visit 1101431259 31 -AIT -0315 TEX SP0303 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Conductivity PMP -4 Visit 1101660210 31 -AIT -0314 TEX Junction Box 2/1/2017 1/31/2018 $848.00 Burt Smith RAW Water Solitax FSP - 2 Visit 1369157 31 -AIT -0312 TEX SP 0303 2/1/2017 1/31/2018 $970.00 Burt Smith Receiving Unit SC1000 FSP - 1 Visit 1386258 31 -AIC -0501 RU SP0501 2/1/2017 1/31/2018 $240.00 Burt Smith Receiving Unit pH Sensor PMP -4 Visit 15011446345 31 -AIT -0503 RU SP0501 2/1/2017 1/31/2018 $848.00 Burt Smith Receiving Unit Conductivity PMP -4 Visit 1110660535 31 -AIT -0504 RU SP0501 2/1/2017 1/31/2018 $848.00 Burt Smith Receiving Unit SS7 FSP - 2 Visit 150500525296 31 -AIT -0502 RU SP0501 2/1/2017 1/31/2018 $826.00 Burt Smith Basin 1 Influent SC1000 FSP - 1 Visit 1365747 31 -AIC -1005 B1PI SP 1003 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Influent pH Sensor PMP -4 Visit 1505448118 31 -AIT -1007 B1PI SP1003 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Influent CLT1Osc FSP - 2 Visit 150845003207 31 -AIT -1003 B1PI SP1003 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 2 Influent SC1000 FSP - 1 Visit 1365797 31 -AIC -1009 B2PI SP 1004 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Influent pH Sensor PMP -4 Visit 1505448077 31 -AIT -1011 B2PI SP 1004 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Influent CLT1Osc FSP - 2 Visit 150845003198 B2PI SP 1004 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 3 SC1000 FSP - 1 Visit 1365743 31 -AIC -1105 B3PI SP1103 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 pH Sensor PMP -4 Visit 1505448121 31 -AIT -1107 B3PI SP1103 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 CLT1Osc FSP - 2 Visit 150845003208 31 -AIT -1103 B3PI SP1103 2/1/2017 1/31/2018 $976.00 Burt Smith Basin 4 SC1000 FSP - 1 Visit 1365748 31 -AIC -1109 B4PI SP1104 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 pH Sensor PMP -4 Visit 1505448123 31 -AIT -1111 B4PI SP1104 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 CLT1Osc FSP - 2 Visit 150845003205 B4PI SP 1104 2/1/2017 1/31/2018 $976.00 Burt Smith 2 of 6 Basin 2 Effuent SC1000 FSP - 1 Visit 1365739 31 -AIC -1017 B2 E SP1006 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Effuent pH Sensor PMP -4 Visit 1505448128 31 -AIT -1019 B2 E SP1006 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Effuent 1720E FSP -4 Visit 101200375248 31 -AIT -1018 B2 E SP1006 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 2 Effuent CL17 FSP - 4 Visit 101200376567 31 -AIT -1020 B2 E SP1006 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 1 Effluent SC1000 FSP - 1 Visit 1365663 31 -AIC -1013 B1PE SP1005 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Effluent pH Sensor PMP -2 Visit 1505448082 31 -AIT -1015 B1PE SP1005 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Effluent 1720E FSP -4 Visit 101100373922 31 -AIT -1014 B1PE SP1005 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 1 Effluent CL17 FSP -4 Visit 101200376566 31 -AIT -1016 B1PE SP1005 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 3 SC1000 FSP - 1 Visit 1365674 31 -AIC -1113 B3PE SP1105 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 pH Sensor PMP -2 Visit 1505448119 31 -AIT -1115 B3PE SP1105 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 1720E FSP -4 Visit 101100373916 31 -AIT -1114 B3PE SP1105 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 3 CL17 FSP -4 Visit 101200376565 31 -AIT -1116 B3PE SP1105 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 4 SC1000 FSP - 1 Visit 1366712 31 -AIC -1117 B4PE SP1106 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 pH Sensor PMP -2 Visit 1505448127 31 -AIT -1119 B4PE SP1106 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 1720E FSP -4 Visit 101200375251 31 -AIT -1118 B4PE SP1106 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 4 CL17 FSP -4 Visit 101200377642 31 -AIT -1120 B4PE SP1106 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 3 Chlorine SC1000 FSP - 1 Visit 1361664 31 -AIC -1121 B3SE SP1107 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 3 Chlorine pH Sensor PMP -2 Visit 1505448124 31 -AIT -1123 B3SE SP 1107 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 3 Chlorine 1720E FSP - 4 Visit 110100376214 31 -AIT -1122 B3SE SP 1107 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 3 Chlorine CI17 FSP - 4 Visit 101200378842 31 -AIT -1124 B3SE SP 1107 2/1/2017 1/31/2018 $1,552.00 Burt Smith Basin 4 Chlorine SC1000 FSP - 1 Visit 1366303 31 -AIC -1125 B4SE SP1108 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 4 Chlorine pH Sensor PMP -2 Visit 1505448124 31 -AIT -1127 B4SE SP1108 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 4 Chlorine 1720E FSP -4 Visit 110100376215 31 -AIT -1126 B4SE SP1108 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 4 Chlorine CL17 FSP -4 Visit 101100375554 31 -AIT -1128 B4SE SP1108 2/1/2017 1/31/2018 $1,552.00 Burt Smith Clearwell #2 SC1000 FSP - 1 Visit 1366592 31 -AIC -1302 CFES SP1302 2/1/2017 1/31/2018 $240.00 Burt Smith Clearwell #2 FT660sc FSP -4 Visit 141200496068 31 -AIT -1303 CFES SP1301 2/1/2017 1/31/2018 $1,180.00 Burt Smith Clearwell #2 APA6000 FSP -4 Visit 070900000649 2/1/2017 1/31/2018 $3,837.00 Burt Smith Basin 2 Effuent SC1000 FSP - 1 Visit 1369476 31 -AIC -1025 B2SE SP1008 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 2 Effuent pH Sensor PMP -2 Visit 1505448078 31 -AIT -1027 B2SE SP1008 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 2 Effuent 1720E FSP -4 Visit 110100375686 31 -AIT -1026 B2SE SP1008 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 2 Effuent CI17 FSP -4 Visit 101200378844 31 -AIT -1028 B2SE SP1008 2/1/2017 1/31/2018 $1,552.00 Burt Smith Clearwell #1 Influent SC1000 FSP - 1 Visit 1479151DUP 31 -AIC -1025 CFEN SP1201 2/1/2017 1/31/2018 $240.00 Burt Smith Clearwell #1 Influent FT660sc FSP -4 Visit 141200496067 31 -AIT -1027 CFEN SP1201 2/1/2017 1/31/2018 $1,180.00 Burt Smith Clearwell #1 Influent APA6000 FSP -4 Visit 070900000652 31 -AIT -1026 CFEN SP1201 2/1/2017 1/31/2018 $3,837.00 Burt Smith 3 of 6 Basin 1 Effluent SC1000 FSP - 1 Visit 1366299 31 -AIC -1021 B1PE SP1007 2/1/2017 1/31/2018 $240.00 Burt Smith Basin 1 Effluent pH Sensor PMP -2 Visit 1505448076 31 -AIT -1023 B1SE SP1007 2/1/2017 1/31/2018 $848.00 Burt Smith Basin 1 Effluent 1720E FSP -4 Visit 101200375441 31 -AIT -1022 B1SE SP1007 2/1/2017 1/31/2018 $680.00 Burt Smith Basin 1 Effluent CL17 FSP -4 Visit 101200378843 31 -AIT -1024 B1SE SP1007 2/1/2017 1/31/2018 $1,552.00 Burt Smith High Service 2 SC1000 FSP - 1 Visit 1366325 31 -AIC -1901 HS2 SP1901 2/1/2017 1/31/2018 $240.00 Burt Smith High Service 2 ORP PMP -4 Visit 1101431257 31 -AIT -1906 HS2 SP1901 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 2 pH Sensor PMP -4 Visit 1505448083 31 -AIT -1903 HS2 SP1901 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 2 APA6000 FSP - 4 Visit 070700000638 HS2 SP1901 2/1/2017 1/31/2018 $3,837.00 Burt Smith High Service 2 1720E FSP - 4 Visit 110100376213 31 -AIT -1902 HS2 SP1901 2/1/2017 1/31/2018 $680.00 Burt Smith High Service 2 CI17 FSP - 4 Visit 110100380615 31 -AIT -1904 HS2 SP1901 2/1/2017 1/31/2018 $1,552.00 Burt Smith High Service 1 SC1000 FSP - 1 Visit 1366594 31 -AIC -1803 HS1 SP1801 2/1/2017 1/31/2018 $240.00 Burt Smith High Service 1 ORP PMP -4 Visit 1007431255 31 -AIT -1808 HS1 SP1801 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 1 pH Sensor PMP -4 Visit 1505448080 31 -AIT -1805 HS1 SP1801 2/1/2017 1/31/2018 $848.00 Burt Smith High Service 1 APA6000 FSP -4 Visit 070700000637 HS1 SP1801 2/1/2017 1/31/2018 $3,837.00 Burt Smith High Service 1 1720E FSP -4 Visit 110100376216 31 -AIT -1804 HS1 SP1801 2/1/2017 1/31/2018 $680.00 Burt Smith High Service 1 CL17 FSP -4 Visit 110100380602 31 -AIT -1806 HS1 SP1801 2/1/2017 1/31/2018 $1,552.00 Burt Smith Navigation Pump Station APA6000 FSP -4 Visit 070800000647 2/1/2017 1/31/2018 $3,837.00 Burt Smith Staples St Pump Station APA6000 FSP -4 Visit 070900000650 2/1/2017 1/31/2018 $3,837.00 Burt Smith Staples St Pump Station CL17 FSP -4 Visit 040300009433 intake 2/1/2017 1/31/2018 $1,552.00 Burt Smith Staples St Pump Station CL17 FSP -4 Visit 040700001138 discharge 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station SC1000 FSP - 1 Visit 1255792 2/1/2017 1/31/2018 $240.00 Burt Smith Sand Dollar Pump Station APA6000 FSP -4 Visit 070900000651 2/1/2017 1/31/2018 $3,837.00 Burt Smith Sand Dollar Pump Station CL17 FSP - 4 Visit 040800001144 tank residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station CL17 FSP -4 Visit 040800001148 intake residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Sand Dollar Pump Station CL17 FSP -4 Visit 040800001146 discharge residual 2/1/2017 1/31/2018 $1,552.00 Burt Smith Flower Bluff Pump Station SC1000 FSP - 1 Visit 1557615 2/1/2017 1/31/2018 $240.00 Burt Smith Flower Bluff Pump Station APA6000 FSP -4 Visit 131200489552 2/1/2017 1/31/2018 $3,837.00 Burt Smith Flower Bluff Pump Station CL17 FSP -4 Visit 140800503743 2/1/2017 1/31/2018 $1,552.00 Burt Smith Process Lab Instruments 2100Q BenchPlus 14060c033593 2/1/2017 1/31/2018 $329.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150690100343 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150700100351 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150690100348 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150700100349 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments SL1000 BenchPlus 150710100356 2/1/2017 1/31/2018 $590.00 Burt Smith Process Lab Instruments DR900 BenchPlus 142180001009 2/1/2017 1/31/2018 $243.00 Burt Smith 4 of 6 Process Lab Instruments DR900 BenchPlus 142190001018 2/1/2017 1/31/2018 $243.00 Burt Smith Process Lab Instruments Biotector FSP - 2 Visit B5C-208-165 2/1/2017 1/31/2018 $6,194.00 Burt Smith Filter 1 1720E FSP -4 Visit 040700002688 AIT -108-01 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 1 SC100 PMP - 1 Visit 0406570474 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 2 1720E FSP -4 Visit 040700002691 AIT -108-02 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 2 SC100 PMP - 1 Visit 0406570472 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 3 1720E FSP -4 Visit 040700002689 AIT -108-03 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 3 SC100 PMP - 1 Visit 0405570017 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 4 1720E FSP - 4 Visit 040700002675 AIT -108-04 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 4 SC100 PMP - 1 Visit 0405570009 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 5 1720E FSP -4 Visit 040700002686 AIT -108-05 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 5 SC100 PMP - 1 Visit 0405570018 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 6 1720E FSP -4 Visit 040700002670 AIT -108-06 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 6 SC100 PMP - 1 Visit 0406570479 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 7 1720E FSP -4 Visit 040900003970 AIT -108-07 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 7 SC100 PMP - 1 Visit 04055700140 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 8 1720E FSP -4 Visit 040700002681 AIT -108-08 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 8 SC100 PMP - 1 Visit 0406570470 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 9 1720E FSP -4 Visit 101100373937 AIT -108-09 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 9 SC100 PMP - 1 Visit 0405570130 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 10 1720E FSP -4 Visit 101200375514 AIT -108-10 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 10 SC100 PMP - 1 Visit 0409570044 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 11 1720E FSP -4 Visit 040700002673 AIT -108-11 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 11 SC100 PMP - 1 Visit 0406570992 2/1/2017 1/31/2018 $92.55 Burt Smith Filter 12 1720E FSP -4 Visit 040700002696 AIT -108-12 2/1/2017 1/31/2018 $680.00 Burt Smith Filter 12 SC100 PMP - 1 Visit 0405570020 2/1/2017 1/31/2018 $92.55 Burt Smith LAB DR6000 BenchPlus 1550522 2/1/2017 1/31/2018 $1,310.00 Raul Rivas LAB 2100AN BenchPlus 961200000998 2/1/2017 1/31/2018 $371.00 Raul Rivas LAB SL1000 BenchPlus 061200O20485 2/1/2017 1/31/2018 $590.00 Raul Rivas 5 of 6 LAB SL1000 BenchPlus 143601200176 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 150690100347 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 150700100350 2/1/2017 1/31/2018 $590.00 Raul Rivas LAB SL1000 BenchPlus 507001000353 2/1/2017 1/31/2018 $590.00 Raul Rivas Water Quality QC8500 FSP - 1 Visit 100200001167 2/1/2017 1/31/2018 $6,011.00 Marisa Juarez Total Year 1 Price $130,375.60 6of6 Location and Instruments to be serviced at the Water Division are outlined below: City of Corpus Christi SL1000 BenchPlus 143490100177 2/1/2017 1/31/2018 $590.00 Water Quality Water Quality SL1000 BenchPlus 150680100339 2/1/2017 1/31/2018 12/8/2016 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100940 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150690100344 2/1/2017 1/31/2018 Location Instrument Service Serial # Start Date End Date Year 1 Price Contact Water Quality SL1000 BenchPlus 143490100177 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150680100339 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100940 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150690100344 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 150680100340 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152300100802 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152670100933 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100934 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152300100803 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152680100937 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Water Quality SL1000 BenchPlus 152670100932 2/1/2017 1/31/2018 $590.00 Crystal Ybanez Total Year 1 Price $6,490.00 Attachment B: Bid Pricing/Pricing Schedule 1 H` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5ERVICEPLUS • P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 iv4 Partnership Number : HACH266929 Version : 0.232 Quotation Date 08 -DEC -16 Expiration Date 07 -JAN -17 Hach Company Service Partnership Service Partnership Contact Finch, Leslie J Phone Email Ifinch@hach.com Customer Ref RENEWAL QUOTE Customer Phone : 361-826-3664 Customer Fax : Customer Contact : Juarez, Lydia Customer Email : LydiaJ@cctexas.com Bill -To Account # 092064 Ship -To Account # 092064 Customer Name CITY OF CORPUS Customer CITY OF CORPUS CHRISTI Payment Terms: Net 30 CHRISTI Name Address4 Address4 Billing Method: Annual -Invoices on START Date Addressl PO BOX 9277 Addressl 13101 LEOPARD ST Currency: USD Address2 Address2 Address3 Address3 City,State, CORPUS City,State, CORPUS PostalCode CHRISTI -TX -78469-9277 Postalcode CHRISTI -TX -78410-4524 Province/ Country US Province/ Country US Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number FSPSC1000 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV400.99.10382 LXV402.99.10002 01 -FEB -17 31 -JAN -20 Fld Svc -1V SC1000 Controller db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366364 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366591 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366597 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1386258 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365747 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365797 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365743 MODULE, PROBE (6 SNSR) SC1000, 8mA ; 1365748 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365739 $15,840.00 -f` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters Website: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 1.10 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.10002 LXV402.99.00002 LXV402.99.10002 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365663 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1365674 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366712 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1361664 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366303 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366592 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1369476 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1479151DUP db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366299 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366325 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1366594 db MODULE, DISPLAY W/O GSM, SC1000 ; 1255792 db aa sc1000 DISPLAY MODULE, TCP, NO GSM ; 1557615 2 FSPSOLITAX 2.1 LXV423.99.10000 2.2 LXV423.99.10000 2.3 LXV424.99.00100 01 -FEB -17 31 -JAN -20 Fld Svc -2V Solitax Sensor db T -LINE sc/IMMERS 4000NTU WIPER PVC ; 1487867 db T -LINE sc/IMMERS 4000NTU WIPER PVC ; 1487681 db INLINE sc/INSERTION 50g/I WIPER SS ; 1369157 $8,730.00 3 PMP-GLPHORP-4V 3.1 DPD1R1-WDMP 3.2 PD1 R1 P-WDMP 3.3 3725E2T 3.4 DPD1R1-WDMP 3.5 DRD1R5-WDMP 3.6 D3725E2T-WDMP 3.7 DPD1R1-WDMP 3.8 DRD1R5-WDMP 01 -FEB -17 31 -JAN -20 PMP -GLI pH ORP PROBE 4V pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448081 pH Sensor, Ryton, WDMP Mounting ; 1101431258 Electrodeless, Convertible, Poly ; 1303662071 pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448122 ORP Sensor, Ryton, WDMP Mounting,Dig ; 1101431260 Electrodeless Sensor for WDMPsc ;1101660209 pH Sensor, Ryton, WDMP Mounting, Dig ; 1504447401 ORP Sensor, Ryton, WDMP Mounting,Dig ; 1101431259 $68,688.00 ACDHPartnership 1 H ACf HACH SERVICE PARTNERSHIP QUOTATION Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 3.9 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;1101660210 3.10 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;15011446345 3.11 D3725E2T-WDMP Electrodeless Sensor for WDMPsc ;1110660535 3.12 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448118 3.13 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448077 3.14 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448121 3.15 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448123 3.16 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448128 3.17 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448082 3.18 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448119 3.19 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448127 3.20 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448124 3.21 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448078 3.22 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448076 3.23 DRD1R5 Digital ORP Sensor,Ryton,Convertible ; 1101431257 3.24 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448083 3.25 DRD1R5 Digital ORP Sensor,Ryton,Convertible ; 1007431255 3.26 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448080 3.27 DPD1R1-WDMP pH Sensor, Ryton, WDMP Mounting, Dig ; 1505448124 4 FSPSS7 4.1 LPV431.99.00002 01 -FEB -17 31 -JAN -20 Fld Svc -2V Surface Scatter 7 SS7 HACH SENSOR ASSY ; 150500525296 $2,478.00 5 FSPCLX10 01 -FEB -17 31 -JAN -20 Fld Svc -2V CLx10 (free or total) Field Service includes: All parts, labor, and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see $11,712.00 1H I-IACQUOTATION HACH SERVICE PARTNERSHIP Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance SE R VI C. E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 5.1 5.2 5.3 5.4 9180600 9180600 9180600 9180600 service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. Coverage does NOT include: sc 200 nor the probes (pH, Conductivity, ORP) PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003207 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003208 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003205 PANEL ASSY, AMPEROMETRIC CHLORINE, ENGLISH ; 150845003198 6 FSPCL17 01 -FEB -17 31 -JAN -20 Fld Svc -2V CL17 CI(current) Field Service includes: All parts, labor, and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 6.1 5440260 oo CHLORINE ANALYZER W/NETWORK BD ; 101200376567 6.2 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 6.3 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 6.4 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 6.5 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 6.6 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 6.7 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 6.8 5440000 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 $51,840.00 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 5440000 5440000 5440000 5440200 5440200 9700400 5440200 5440000 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 00 980 FLOW METER W/DISPLAY ;040800001148 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 7 FSP1720E 01 -FEB -17 31 -JAN -20 Fld Svc -4V 1720E Turb Sensor Field Service includes: All parts, labor, and travel for on-site repairs, 4 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 7.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101100373922 7.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101100373916 7.3 6010160 nn 1720E TURB, INST. ONLY, EU1 ; 101100375251 7.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376214 7.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376215 7.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100375686 7.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 101200375441 7.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376213 7.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110100376216 7.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 040700002688 $44,880.00 ACDHPartnership 1 H ACf HACH SERVICE PARTNERSHIP QUOTATION Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 040700002691 1720E LR TURBIDITY SENSOR, HACH ; 040700002689 1720E LR TURBIDITY SENSOR, HACH ; 040700002675 1720E LR TURBIDITY SENSOR, HACH ; 040700002686 1720E LR TURBIDITY SENSOR, HACH ; 040700002670 1720E LR TURBIDITY SENSOR, HACH ; 040900003970 1720E LR TURBIDITY SENSOR, HACH ; 040700002681 1720E LR TURBIDITY SENSOR, HACH ; 101100373937 1720E LR TURBIDITY SENSOR, HACH ; 101200375514 1720E LR TURBIDITY SENSOR, HACH ; 040700002673 1720E LR TURBIDITY SENSOR, HACH ; 040700002696 1720E LR TURBIDITY SENSOR, HACH ; 101200375248 8 FSPFT660SC 01 -FEB -17 31 -JAN -20 Fld Svc -4V FT660sc Turb Sensor 8.1 LPV421.99.00012 FT660sc Sensor Only, HACH ; 141200496068 8.2 LPV421.99.00012 FT660sc Sensor Only, HACH ; 141200496067 $7,080.00 9 FSPAPA6000 01 -FEB -17 31 -JAN -20 Fld Svc -4V APA6000 - ALL 9.1 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000649 9.2 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000652 9.3 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070700000638 9.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070700000637 9.5 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070800000647 9.6 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000650 9.7 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 070900000651 9.8 5500600 APA6000,AMM/MONOCHLORAMI NE W/AT/KITS ; 131200489552 $92,088.00 10 BSPPLUS2100Q 01 -FEB -17 31 -JAN -20 BenchPlus-2100Q The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support $987.00 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance 5E R VI C E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 10.1 2100Q01 calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. rr 2100Q PORTABLE TURBIDIMETER ; 140600033593 11 BSPPLUSSL1000 01 -FEB -17 31 -JAN -20 BenchPlus SL1000 The Bench Service Plus includes: Factory repairs only, one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 11.1 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100343 11.2 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100351 11.3 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100348 11.4 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100349 11.5 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150710100356 11.6 4700100 ff2100AN LAB TURB, EPA 180.1 ; 061200020485 11.7 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150690100347 11.8 9430000 ee ASSY, INSTRUMENT, SL1000 ; 150700100350 11.9 9430000 ee ASSY, INSTRUMENT, SL1000 ; 507001000353 11.10 9430000 ee ASSY, INSTRUMENT, SL1000 ; 143460100176 $17,700.00 12 BSPPLUSDR900 01 -FEB -17 31 -JAN -20 BenchPlus-DR900 The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 12.1 9385100 rr DR 900 COLORIMETER, HACH ;142180001009 12.2 9385100 rr DR 900 COLORIMETER, HACH ;142190001018 $1,458.00 13 FSPBIOTECTOR B3500C 01 -FEB -17 31 -JAN -20 Fld Svc BioTector B3500C 2 VST B3500C Service Agreement includes: All parts, labor, and travel $18,582.00 i yn r_ HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders WebSite: www.hach.com Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 EFVICEPLI CERTIFIED FROCVNE for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. On-site response for "down" instrument repairs is typically 3 business days. Standard business hours are 8am-5pm M -F local time, excluding holidays. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 13.1 B5ACAA052AAC2 dd B3500 0-25PPM 1 STR+MAN 120 VAC ; B5C-208-165 14 BSPPLUSDR6000 01 -FEB -17 31 -JAN -20 BenchPlus-DR6000 The Bench Service Plus includes: Factory repairs only, one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 14.1 LPV441.99.00012 db DR 6000 UV VIS SPECTROPHOTOMETER W RFID TECHNOLOGY ; 1550522 $3,930.00 15 FSP2100AN 01 -FEB -17 31 -JAN -20 Fld Svc -1V 2100AN Turb 15.1 4700100 ff2100AN LAB TURB, EPA 180.1 ; 961200000998 $1,113.00 16 FSPQC8500 01 -FEB -17 31 -JAN -20 Fld Svc -1V QC8500 Complete Sys Lachat Instruments, a Hach Co. brand, announces the end of support for several discontinued components sold with previous QuikChem Flow Injection Analyzer and IC platforms. Please refer to list below for instruments no longer support: Pumps: - Ismatec analog peristaltic pump (support ended Jan 2009) - Watson Marlow peristaltic pump (support ended Jan 2009) Samplers: - AIM1250 autosampler (support ended Jan 2009) - Gilson autosampler (support $18,033.00 H yn r_ HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders WebSite: www.hach.com Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 EFVICEPLI CERTIFIED FROCVNE ended Jan 2009) - RAS autosampler (support ended Jan 2009) - ASX400 autosampler (support ends Dec. 15, 2010) Dilutors: - DRD autodilutor (support ends Dec. 15, 2010) Block Digesters: - BD -26 block digester (support ends Dec. 15, 2010) IC5000 analyzer (support ends Dec. 15, 2010) The support period for these system components expires as noted above. At the stated time, Lachat will no longer be able to provide repair service for these items. It is recommended that customers upgrade to current FIA system peripheral components in order to continue receiving the highest level of service and support. 16.1 A58102 CORE UNIT, 115V, QC8500 S2 ; 100200001167 17 HACH PM 4 VISIT 01 -FEB -17 31 -JAN -20 4 ON SITE VISITS 17.1 FIELD CONTRACT Field Service Contract site visit ; SITE HACH266929 $0.00 18 WRTUPGXTRVST 01 -FEB -17 31 -JAN -20 2 ADDITIONAL VISITS FOR EACH CL17 "Extra site visit for customers already under a service plan. Instruments eligible for extra visit are as follows (A visit per each listed item except if controller is already included): 1720E/Controller, All key Sensors (Nitratax, Solitax, Phosphax, Sonatax, CL17, CLF10, CLT10, All Spectrophometers, All Colorimeters, SC1000, All Portable Turbs (2100xx)" 18.1 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376567 18.2 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376567 18.3 5440260 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 $22,656.00 -f` f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters Website: www.hach.com Remittance $ E RVI C. E PLUS . P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 18.4 5440260 18.5 5440260 18.6 5440260 18.7 5440260 18.8 5440260 18.9 5440000 18.10 5440000 18.11 5440000 18.12 5440000 18.13 5440000 18.14 5440000 18.15 5440000 18.16 5440000 18.17 5440000 18.18 5440000 18.19 5440000 18.20 5440000 18.21 5440000 18.22 5440000 18.23 5440200 18.24 5440200 18.25 5440200 18.26 5440200 18.27 9700400 18.28 9700400 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376566 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 0o CHLORINE ANALYZER W/NETWORK BD ; 101200376565 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 0o CHLORINE ANALYZER W/NETWORK BD ; 101200377642 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 CL17 FINAL ASSEMBLY W/KITS ; 101200378842 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 CL17 FINAL ASSEMBLY W/KITS ; 101100375554 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 CL17 FINAL ASSEMBLY W/KITS ; 101200378844 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 CL17 FINAL ASSEMBLY W/KITS ; 101200378843 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380615 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 110100380602 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CL17 FINAL ASSEMBLY W/KITS ; 040300009433 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040700001138 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001144 00 980 FLOW METER W/DISPLAY ;040800001148 00 980 FLOW METER W/DISPLAY ;040800001148 1 H`H f HACH SERVICE PARTNERSHIP QUOTATION Partnership Number : HACH266929 Headquarters WebSite: www.hach.com Remittance $ E R VIC.EPLUS • P.O. Box 389 2207 Collections Center Dr : ERTIFIED FRD 9,,MS 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 18.29 18.30 18.31 18.32 5440200 5440200 5440000 5440000 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CHLORINE ANALYZER,CL17 W/KITS/NETWRK ; 040800001146 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 CL17 FINAL ASSEMBLY W/KITS ; 140800503743 19 PMP-SC100-1V 01 -FEB -17 31 -JAN -20 PMP-SC100-1V 19.1 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570474 19.2 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570472 19.3 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570017 19.4 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570009 19.5 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570018 19.6 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570479 19.7 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 04055700140 19.8 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0406570470 19.9 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570130 19.10 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0409570044 19.11 LXV401.52.02002 oo as SC100, Hach, Modbus 486 ; 0406570992 19.12 LXV401.52.02002 0o aa SC100, Hach, Modbus 486 ; 0405570020 $3,331.80 20 ADMIN_HANDLING_MYA 01 -FEB -18 31 -JAN -19 PRICE INCREASE YEAR 2 $3,911.00 20.1 CONTRACT SPECIAL ITEM 21 ADMIN HANDLING MYA 01 -FEB -19 31 -JAN -20 PRICE INCREASE YEAR 3 $7,940.00 21.1 CONTRACT SPECIAL ITEM Sub Total : $402,977.80 Tax: $0.00 Total : $402,977.80 Partnership Notes : CONFIRMATION OF TYPE OF PAYMENT IS DUE AT THE TIME OF PARTNERSHIP ACTIVATION. ************************************************************************ ANNUAL COST BREAKDOWN NOTED BELOW: YEAR 1 SERVICE @ $130,375.60 * YEAR 2 SERVICE @ $134,286.60 * YEAR 3 SERVICE @ $138,315.60* * PRICING SUBJECT TO CHANGE WITH EQUIPMENT CHANGES 1 H` f Partnership Number : HACH602750 HACH SERVICE PARTNERSHIP QUOTATION Headquarters WebSite: www.hach.com Remittance SERVICEPLUS ' P.O. Box 389 2207 Collections Center Dr .ERTIFIED FRD 9,, S 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 iv4 Partnership Number : Hach Company Contact HACH602750 Finch, Leslie J Customer Ref RENEWAL QUOTE Customer Phone : 361-826-3619 Version : Service Partnership Phone Customer Fax : 0.53 Quotation Date 08 -DEC -16 Expiration Date : 06 -FEB -17 Service Partnership Email Ifinch@hach.com Customer Contact : Valdez, Domingo Customer Email : DomingoV@cctexas.com Bill -To Account # 092064 Customer Name CITY OF CORPUS CHRISTI Address4 Addressl PO BOX 9277 Address2 Address3 City,State, CORPUS PostalCode Province/ Country CHRISTI -TX -78469-9277 US Ship -To Account # 092064 Customer Name Address4 Address 1 Address2 Address3 City,State, Postalcode Province/ Country CITY OF CORPUS CHRISTI 13101 LEOPARD ST CORPUS CH RISTI-TX-78410-4524 US Payment Terms: Net 30 Billing Method: Annual -Invoices on START Date Currency: USD Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number BSPPLUSSL1000 1.1 1.2 1.3 1.4 1.5 9430000 9430000 9430000 9430000 9430000 01 -FEB -17 31 -JAN -20 BenchPlus SL1000 The Bench Service Plus includes: Factory repairs only, one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. ee ASSY, INSTRUMENT, SL1000 ; 143490100177 ee ASSY, INSTRUMENT, SL1000 ; 150680100339 ee ASSY, INSTRUMENT, SL1000 ; 152680100940 ee ASSY, INSTRUMENT, SL1000 ; 150690100344 ee ASSY, INSTRUMENT, SL1000 ; 150680100340 $19,470.00 I ACf Partnership Number : HACH602750 HACH SERVICE PARTNERSHIP QUOTATION Headquarters Website: www.hach.com Remittance `aERVICEPL S' P.O. Box 389 2207 Collections Center Dr .ERTIFIEQ FRouR,Ms 5600 Lindbergh Drive Chicago, IL 60693 Loveland, CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 1.6 1.7 1.8 1.9 1.10 9430000 9430000 9430000 9430000 9430000 9430000 ee ASSY, INSTRUMENT, SL1000 ; 152300100802 ee ASSY, INSTRUMENT, SL1000 ; 152670100933 ee ASSY, INSTRUMENT, SL1000 ; 152680100934 ee ASSY, INSTRUMENT, SL1000 ; 152300100803 ee ASSY, INSTRUMENT, SL1000 ; 152680100937 ee ASSY, INSTRUMENT, SL1000 ; 152670100932 2 HACH PM 1 VISIT 01 -FEB -17 31 -JAN -20 1 ON SITE VISIT 2.1 FIELD CONTRACT Field Service Contract site visit ; SITE HACH602750 $0.00 3 ADMIN_HANDLING_MYA 01 -FEB -18 31 -JAN -19 PRICE INCREASE YEAR 2 $65.00 3.1 CONTRACT SPECIAL ITEM 4 ADMIN_HANDLING_MYA 01 -FEB -19 31 -JAN -20 PRICE INCREASE YEAR 3 $201.00 4.1 CONTRACT SPECIAL ITEM Sub Total : $19,736.00 Tax: $0.00 Total: $19,736.00 Partnership Notes : CONFIRMATION OF TYPE OF PAYMENT IS DUE AT THE TIME OF PARTNERSHIP ACTIVATION. ************************************************************************ ANNUAL COST BREAKDOWN NOTED BELOW: YEAR 1 SERVICE @ $6,490.00 * YEAR 2 SERVICE @ $6,685.00 * YEAR 3 SERVICE @ $6,691.00 * * PRICING SUBJECT TO CHANGE WITH EQUIPMENT CHANGES ************************************************************************ Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Utilities Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Construction contracts of more than (5) five million dollars require Umbrella Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 7. Underground Hazard (If Applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Insurance Which Complies with the Texas Workers' Compensation Act & Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Utilities Equipment Installation - ON Stevens Water Treatment Plant. 09/23/16 my Risk Management Attachment C: Bond Requirements No bond requirement is required for the service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties, Complete Nos. 1, 2, 3, 5, and 6 If there are no interested parlfes. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hach Company Loveland, CO United Stales 2 Name of governmental entity or state agency that is a party to the contract for which the foram is being filed, CITY OF CORPUS CHRISTI OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-135662 Date Filed: 11/10/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to he provided under the contract. HACH266929 & HACH602750 Field Instrument service for Hach Company manufactured water analysts Instrumentation owned by City of Corpus Christi 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check appllcabie) Controlling Intermediary 5 Check only if there is NO Interested Party. X❑ 6 AFFIDAVIT HEATHER C. LOONEY NOTARY PUBLIC STATE OF COLORADO rd NOTARY ID 20114048712 MAY COMMISSION EXPtRESAUGUsT 11.20. 1 AFFIX NOTARY STAMP 1 SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct. Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said I ► l ( C 6 etslei , This the 1 0rr- day of d 20 14 , to certify which witness my hand and seal of office. Signature of officer administering oath ed name of officer administering oath sEgvicc k( Title of officer administering oath Forms provided ny texas Ethics commission / www.ethics,state.tx,us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Concession Agreement for In -Terminal Advertising CAPTION: Motion authorizing the City Manager or designee to execute a concession agreement with In -Ter -Space Services, Inc., doing business as Clear Channel Airports, of Allentown, Pennsylvania, for in -terminal advertising services at the Corpus Christi International Airport for a term of five years, with one five-year renewal option, with a minimum annual revenue guarantee of $60,000 or 45% of gross receipts, whichever is greater. PURPOSE: Staff is recommending a concession agreement for In -Terminal Advertising in order to increase revenue for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: In December 2015, Corpus Christi International Airport (CCIA) sent out a Request for Proposals for an Advertising Concessionaire to operate inside the airport terminal. Airport staff requested a program that would maximize revenue for the airport while maintaining the clean, coastal, open-air aesthetic that exists inside the terminal. CCIA established advertising zones and asked proposers to create an advertising program within those zones. Like most commercial airports in the United States, CCIA seeks a third party to manage the In -Terminal Advertising program because of the expertise required to develop, market, and execute the selling of Ad space in large, public buildings. With a concession agreement in place, the airport is guaranteed a minimum annual payment or a percentage of gross revenue generated by the program, whichever is greater. A Request for Proposal No. 89 (RFP) as issued December 2015 for these services. Three firms submitted their proposal and were evaluated against the criteria outlined in the RFP. The Evaluation Committee looked at the proposer's plan, experience, background qualifications, marketing plan and investment and projected revenue to determine which firm would provide the best value for the City. In -Ter -space dba Clear Channel Airports received the highest number of points in the evaluation process and is therefore being recommended for award. ALTERNATIVES: No viable alternative exists OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $13,952.85 $0.00 $13,952.85 Encumbered / Expended Amount This item (additional revenue) $60,000.00 $240,000.00 $300,000.00 BALANCE $73,952.85 $240,000.00 $313,952.85 Fund: Airport Comments: The anticipated revenue has been appropriated into the budget for 2016- 2017 Fiscal Year. RECOMMENDATION: Airport Staff recommends the approval of the concession agreement. LIST OF SUPPORTING DOCUMENTS: Concession Agreement Form 1295 Evaluation Matrix CORPUS CHRISTI INTERNATIONAL AIRPORT IN -TERMINAL ADVERTISING CONCESSION AGREEMENT This concession agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or designee ("City Manager") and In -Ter -Space Services, Inc., a Pennsylvania corporation, doing business as Clear Channel Airports ("Concessionaire") as of the date of the last signature ("Effective Date"). WHEREAS, the City owns and operates the Corpus Christi International Airport, located in Corpus Christi, Nueces County, Texas ("Airport"), acting by and through its Director of Aviation or the Director of Aviation's designee ("Director"); WHEREAS, the Airport wishes to provide for the proper and efficient use of advertising spaces inside the Airport terminal building; and, WHEREAS, the City and Concessionaire desire to enter into a five-year Agreement to provide in -terminal advertising services at the Airport; NOW, THEREFORE, City and Concessionaire, in consideration of the mutual covenants and conditions stated in this Agreement, agree as follows: Section 1. Term; Option Term. The term of this Agreement ("Term") is for a period of five years and commences upon the 120th day following the Effective Date, as evidenced by the issuance of a notice to proceed by the Director, on behalf of the City, containing the start and end dates of the Term. The Agreement may be extended for an optional five-year period ("Option Term") upon mutual written consent of the parties. In order to exercise the Option Term under the same terms and conditions as contained in the Agreement, both parties must agree in writing to the exercise of the Option Term not less than 180 days prior to the expiration of the initial Term. Exercise of the Option Term by the parties may be effectuated by a letter agreement signed by both parties. In the event the parties do not mutually execute a letter agreement to exercise the Option Term, this Agreement terminates at the end of the initial Term. Section 2. Advertising Zones. A. Concessionaire shall have the non-exclusive right to use the advertising zones, designated on Exhibit A, which exhibit is attached and incorporated into this Agreement, for advertising in accordance with this Agreement. Notwithstanding the foregoing, Concessionaire shall have the right of first refusal to any new forms, concepts or methods of advertising in the advertising zones designated on Exhibit A, provided, the Concessionaire is not then -presently in breach of this Agreement. Exercise of this right of first refusal, however, is at all times conditioned upon the City's prior reservation of the right to establish displays that promote the Coastal Bend region when such display requests are from community related organizations, such as from local educational institutions and nonprofit entities. City shall have the right to modify Exhibit A, in consultation with Concessionaire, during the Term and any Option Term of this Agreement. The advertising zones must be used by Concessionaire solely Page 1 of 17 for the purposes of general advertising, pursuant to Concessionaire's displays and marketing plan as strictly agreed to by the City and incorporated in Exhibit A, and for no other purpose unless preapproved in writing by the Director. B. Concessionaire shall have the right to enter into agreements to allow third parties to advertise at the Airport through use of the advertising zones. Concessionaire's method of operation and the prices and rates charged to third parties shall be subject to prior written approval of the Director. C. City reserves the right to (i) install, or award a third -party contract to install, television/video monitors and stand-alone kiosks for the purpose of promoting the City and providing Airport and local community information to the traveling public; (ii) install, or award a third -party contract to install, Internet -access kiosks which may have associated advertising; and (iii) permit advertising placed directly on baggage carts designed for individual use by passengers. In -terminal tenants shall retain their rights to advertise their individual on -Airport businesses in and on sites and spaces leased by such Airport tenants. Section 3. Fees, Payments, and Records. A. Fees. In consideration of the foregoing, during the first 12 months of the Term, the Concessionaire shall pay to the City the greater of: (i) the minimum annual guarantee ("Minimum Annual Guarantee") of $60.000 or (ii) 45% of the gross receipts derived from its operations at the Airport ("Gross Receipts"). During the second through the fifth contract years of the Term and any Option Term if exercised, the Concessionaire shall pay to the City the greater of: (i) the Minimum Annual Guarantee of 85% of the previous year's revenue paid to the Airport by Concessionaire but never less than $60.000 or (ii) 45% of the Gross Receipts. Fees are payable beginning on the start date of this Agreement. 1. Gross Receipts. The term "Gross Receipts" as used in this Agreement means all revenues derived by Concessionaire, including any agent of Concessionaire, from its operations relating to advertising at the Airport from any source whatsoever. It is expressly provided, however, that Gross Receipts does not include: a. The amount of any separately -stated federal, state, and local sales or use taxes imposed upon Concessionaire's customers and collected by Concessionaire (the sale Tess any applicable taxes will be reported to the City); b. The amount actually paid by the Concessionaire as commissions or fees to advertising agencies or selling agents not employed by Concessionaire (not to exceed 15% on any particular transaction); c. Up to 3% of Gross Receipts which are deemed uncollectible by the Concessionaire after prudent collection efforts; provided, that the Concessionaire shall document such uncollectible amounts in its annual payment reports to the City. If the uncollected amounts are eventually Page 2 of 17 recovered by the Concessionaire, the Concessionaire agrees to remit any payments due of the recovered amounts in accordance with the terms of this Agreement; and d. Any direct costs by advertisers in connection with unaffiliated third party design, fabrication or installation of any advertiser's specialty or custom display/graphics. Concessionaire shall not mark-up any such pass-thru costs paid by advertisers. B. Payment of Fees. Concessionaire shall pay to the City, in advance and without demand, on or before the 1st day of each calendar month for which fees are payable during the Term of this Agreement, and any Option Term if exercised, an amount equal to 1/12th of the Minimum Annual Guarantee, as further defined below and as is applicable, plus any sales or other taxes due and payable in connection therewith without deduction or set-off. Concessionaire shall further pay to the City, without demand, on or before the 20th day of the month next following each calendar month for which fees are payable during the Term of this Agreement, and any Option Term if exercised, a sum of money equal to the amount, if any, by which 45% of the Concessionaire's Gross Receipts for the previous calendar month exceeds 1/121h of the Minimum Annual Guarantee applicable for such month, along with submission of a detailed reconciliation report. C. Monthly Reports. Concessionaire shall submit all reports, along with the required fees, to the address shown in this Agreement until changed by written notification by the City, or at such other place as the City may designate in writing from time to time. Concessionaire shall provide the City with a statement, signed by an officer of Concessionaire, in a form and with such detail as the City may reasonably request, setting forth Concessionaire's Gross Receipts during such preceding calendar month (for which payment is being remitted) and separately identifying all receipts derived by Concessionaire during such calendar month which have been excluded from Concessionaire's computation of Gross Receipts. All computations by Concessionaire in the determination of Gross Receipts shall be made in accordance with generally accepted accounting principles, and in the event of a disagreement, the City's determination shall prevail. D. Annual Certification and Adiustment. Within 60 days after the close of each 12 - month period for which fees are due and payable under this Agreement, Concessionaire, at its own cost and expense, shall provide to City a written statement of an independent certified public accountant certifying (i) the actual amount of Gross Receipts for such 12 -month period, (ii) the amount of fees already paid by Concessionaire to the City for such period, and (iii) the amount, if any, by which the fees payable for such period have been overpaid or underpaid by Concessionaire. If such statement indicates that the fees for such period have been overpaid, and such statement has been verified and finally accepted in writing by the City, then the amount of such overpayment will be credited to the fees next due and owing from Concessionaire, unless the Term (or Option Term, if applicable) of this Agreement has expired, in which event such amount will be promptly refunded by the City to Concessionaire. If such statement indicates that the fees for such period have been Page 3 of 17 underpaid, then Concessionaire shall pay to the City, within 10 calendar days of submission of the statement, the amount remaining due for such period, together with interest at the rate of 18% per annum, or the maximum interest rate allowed by law, from the date such amount should have been originally paid and remitted. E. Books and Records; City's Right to Examine and Audit. Concessionaire shall at all times during the Term and the Option Term, if exercised, and for a period of at least five years following the termination or expiration of this Agreement, maintain complete and accurate books and records of all receipts from its operations relating to the Airport in a form consistent with generally accepted accounting principles and in a manner sufficient to substantiate its calculation of payments due under the Agreement. Such books and records must contain an itemized record of all Gross Receipts by such categories of activities as shall be acceptable to City and of all other receipts derived by Concessionaire from its operations relating to the Airport. All such books and records of Concessionaire must be made available for inspection, examination, and copying by the City, its representatives, and designated agents at a location specified by the City within five days after written request, and this duty of Concessionaire shall continue for a period of not less than five years after the termination or expiration of this Agreement. City shall also have the right, at any time during this Agreement and for a period of five years after the termination or expiration of this Agreement, upon reasonable written notice to Concessionaire and at the City's expense, to cause an audit to be made of the books and records of Concessionaire which relate to its operations relating to the Airport to determine the correctness of the fees paid by Concessionaire to City for any or all of the years covered by this Agreement. If, as a result of such audit, it is established that additional fees are due from Concessionaire to City for the period of time reviewed, Concessionaire shall pay to the City, within 10 days after the date of a written demand from City, such additional fees, together with interest at the rate of 18% per annum, or the maximum interest rate allowed by law, from the date such additional fees should have been originally paid and remitted. Further, if such audit finds that Concessionaire understated and underpaid the fees for any 12 -month period by 3% or more, then the entire expense of such audit shall be bome by Concessionaire. The Concessionaire acknowledges and agrees that the City's rights under this paragraph and Concessionaire's remittance obligations under this paragraph survive the termination or expiration of this Agreement. F. Additional Sums Due City. If the City has paid any sum or sums or has incurred any obligation or expense for which Concessionaire agreed to pay or reimburse the City, or if City is required or elects to pay any sum or sums or incurs any obligations or expenses because of the failure, neglect, or refusal of Concessionaire to perform or fulfill any of the terms or conditions of this Agreement, then the same shall be deemed additional fees due under this Agreement by Concessionaire, and Concessionaire shall, immediately upon demand by the City, reimburse the City all such sums and expenses. G. Adjustments to the Minimum Annual Guarantee 1. If the number of recorded enplaned passengers at the Airport declines by 20% or more in a 12 -month period as shown in the Airport's general activity report, Concessionaire's Minimum Annual Guarantee for that 12 -month period will be Page 4 of 17 reduced in percentage proportionate to the percentage of passenger decline; provided, Concessionaire evidences the proportional decrease in advertising revenue at the Airport for the same period. At the point the number of enplaned passengers increases and the threshold is re-established over a rolling 12 -month period, the Minimum Annual Guarantee will be adjusted to the amount in effect at the time of the reduction. 2. The monthly 1/12th payment of the Minimum Annual Guarantee due shall be subject to a proportional reduction where a display case or other display advertisement in an advertising zone designated on Exhibit A was visually obstructed or subject to electric supply failure for more than three days without fault of Concessionaire. Section 4. Concessionaire's Obligations. A. Concessionaire shall, at its sole expense, provide and install all displays and related fixtures and equipment required to provide advertising and perform under this Agreement. Such signs, fixtures, and equipment which Concessionaire may install must be of high quality, safe, modern in design, attractive in appearance, and must be in keeping with the general decor of the Airport and terminal. 6. Concessionaire shall at all times during this Agreement maintain and operate the displays in a first-class manner and shall keep them in a safe, clean, orderly and attractive condition satisfactory to City. Concessionaire shall maintain a sufficient number of trained personnel to ensure the proper solicitation, promotion and development of the market for advertising. AH such personnel, while on or about the Airport, shall be polite, clean, appropriately attired and neat in appearance. C. Concessionaire shall charge reasonable prices for the advertising offered and will not unfairly discriminate as between advertisers. Concessionaire will make a major effort to obtain advertising business from local and state businesses, industries, hotels and resorts. Concessionaire shall give first consideration to businesses, industries, hotels and resorts located in Corpus Christi. In addition, Concessionaire shall include a "City promotion" as part of its advertising program. 1. Concessionaire shall use commercially reasonable efforts to solicit and procure advertising and keep all displays filled with revenue-producing advertising. Concessionaire shall report, as required by the City, on its efforts and success in attaining the advertising. If, at any time, City reasonably determines that Concessionaire has failed to make such commercially reasonable efforts to solicit and procure advertising, City, following reasonable notice to the Concessionaire to cure and Concessionaire's failure to affect such cure, may terminate this Agreement pursuant to Section 10. At times when an advertising display is not under contract and not earning revenue, Concessionaire must fill such space with an Airport or City promotion filler developed by the Concessionaire, approved in advance by the Director, and made available at no charge. Page 5 of 17 2. Concessionaire shall ensure that the subject matter of all advertising on the displays is limited to those advertisements which propose a commercial transaction or constitute a public service announcement. "Commercial transaction" does not include purely political or religious messages lacking a proposed business transaction. The content of the displays must not (i) advertise alcohol or tobacco products; (ii) relate to an illegal activity; (iii) depict violence or contain words or images that arouse anger, alarm or resentment to an ordinary person of reasonable sensibilities; (iv) advertise services in direct competition with the City's business objectives; (v) contain obscene matter or contain statements or words of an obscene, indecent or immoral character, or contain any picture or illustration of the human figure in such detail as to offend public morals or common decency; (vi) be false, misleading or deceptive; or (vii) contain material that is offensive to an ordinary person of reasonable sensibilities. 3. Each third -party contract, to include the style of advertising and the space to be utilized by Concessionaire under such contract, is subject to the prior written approval of the Director. No advertising contract entered into by the Concessionaire or its agents may extend beyond the Term (or Option Term, if exercised and applicable in context) without the express written consent of the Director. 4. All third -party contracts for advertising will be between the Concessionaire and the advertiser. The City must be shown as a beneficiary in each such contract. All such agreements, displays, prices and rates charged are subject to the prior written approval of the Director, and a copy of each such contract must be provided to the Director. In the event of an early termination of this Agreement, the City shall have the right to receive all proceeds due under such third -party contracts for the period after such termination. 5. The City, acting through the Director, retains the right to reasonably require the Concessionaire to physically adjust, relocate, or remove advertising displays, fixtures, and equipment, in order to improve the appearance of advertising space and facilities. If the Concessionaire is required to relocate or remove an advertising display, the actual verifiable costs of relocation, removal and disassembling the advertising display and re -assembling them on the new site shall be borne by the City. D. Concessionaire may not install nor operate vending machines for the sale of food, candy, gum, soft drinks, tobacco products, newspapers, insurance contracts, nor any other coin operated device including, but not limited to, telephones, television sets, radios and amusement devices. E. The Concessionaire shall obtain prior written approval from the Director before installing any fixtures or equipment which requires electrical connections or any changes in equipment installed at the Airport. If the electrical requirements for certain displays are greater than the normal electrical output of the supply and distribution system, the Concessionaire shall make all necessary changes and additions to the electrical wiring at its sole cost and expense. Page 6 of 17 F. Concessionaire shall retain ownership of all Concessionaire -installed displays and fixtures. Provided that Concessionaire is not then in default under this Agreement, upon termination or expiration of this Agreement, Concessionaire shall, at its own expense, remove all of its personal property, including fixtures and equipment, from the Airport within 15 days, provided, that such removal can be accomplished without material injury to the Terminal. Concessionaire, at its sole expense, shall repair to the City's satisfaction any damage caused to the Terminal as a result of such removal and return each advertising space at the Airport to the same condition it was in at the time such displays and fixtures were placed thereon by the Concessionaire, ordinary wear and tear excepted. Any personal property of Concessionaire not so removed within the time period set out in this paragraph becomes the sole property of City without further notice to Concessionaire, and the City may dispose of such property by donation, salvage, or destruction without compensation to Concessionaire. G. Concessionaire shall at all times retain an active, qualified, competent and experienced sales representative to supervise Concessionaire's advertising operations and who is authorized to represent and act for Concessionaire. The City reserves the right to interview the primary sales representative assigned to the management of the operations at the Airport. H. Concessionaire shall observe and obey all applicable federal, state, and local laws, ordinances, rules, and regulations including, but not limited to, all rules and regulations of the City applicable to Concessionaire's operations on and in connection with the Airport as well as the Americans with Disabilities Act and any other federal acts applicable to entities that operate at the Airport. I. Concessionaire will include participation by disadvantaged business enterprises ("DBE"), as defined in 49 CFR Part 23, in its advertising program and provide evidence of same upon request by the Director. J. Concessionaire shall pay before delinquency any and all taxes levied or assessed against it or by reason of its personal property located in the Airport advertising zones; taxes levied or assessed because of Concessionaire's right to possession of the advertising zones and fixtures, displays, and improvements therein; all applicable taxes levied or assessed by any governmental entity or boy as a result of Concessionaire's operations; and all taxes which may be levied or assessed as a result of the fees payable by Concessionaire under this Agreement. All such taxes and assessments for partial years shall be apportioned and adjusted on a time basis. K. Concessionaire may use subcontractors in connection with the services performed under this Agreement. When using subcontractors, however, the Concessionaire must obtain prior written approval from the Director. In using subcontractors, the Concessionaire is responsible for all of their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Concessionaire. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. Page 7 of 17 Section 5. Improvements to the Premises. The size, location, text, appearance, plans, and specifications of Concessionaire's advertising displays are subject to the advance approval of the Director. Following approval, such improvements must be made or such fixtures and equipment installed in strict accordance with the approved plans and specifications and in accordance with all applicable state and local building and health codes and rules and regulations. Concessionaire shall obtain all necessary licenses and permits to accomplish such work, and Concessionaire warrants to City that all such improvements shall be free and clear of any claims, liens, and encumbrances. Section 6. Performance Bond. Concessionaire shall provide to the City, upon execution of this Agreement and prior to commencing operations under this Agreement, a performance bond in an amount equal to one year of the then current Minimum Annual Guarantee (the "Performance Bond"). The Performance Bond must be conditioned to ensure the full and faithful performance by Concessionaire of its obligations under this Agreement, including the timely payment of fees, and must stand as security for the payment by Concessionaire of any claim by City against Concessionaire. The Performance Bond must be in such form and with such company licensed to do business in the State of Texas as is acceptable to the City in its reasonable discretion. The Performance Bond must be maintained and kept in full force and effect during the Term and any Option Term. If, at any time during this Agreement, the Performance Bond amount is less than the then current Minimum Annual Guarantee amount, upon notice to Concessionaire, Concessionaire shall immediately increase the Performance Bond amount to the then required current Minimum Annual Guarantee amount. Section 7. Repairs, Alterations, and Maintenance. A. City's Right to Repair or Alter Facilities. Notwithstanding any other provisions in this Agreement, City retains the right to make any repairs, alterations and additions to the Airport terminal ("Terminal") deemed necessary or required by the City in its sole discretion. Should a portion or portions of the advertising zones be eliminated, the Minimum Annual Guarantee will be reduced proportionately. B. Repairs and Maintenance. The cost of maintenance and repair of the Concessionaire's equipment and furnishings shall be borne solely by the Concessionaire. The City shall maintain and repair the exterior structure and the mechanical system of the Terminal. C. Right to Enter, Inspect, and Make Repairs to Concessionaire's Displays. The City and its authorized officers, employees, agents, contractors, subcontractors and other representatives have the right, at such times as may be reasonable under the circumstances and with as little interruption of Concessionaire's operations as it reasonably practicable, to enter, inspect, and make repairs to the Concessionaire's displays, fixtures, and equipment as may be required for safety or security. D. Utility Expenses. City shall provide at its expense the electricity needed to operate Concessionaire's displays, fixtures, and equipment. Page 8 of 17 Section 8. Indemnity and insurance. A. Indemnification. CONCESSIONAIRE SHALL 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL REASONABLE EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY CONCESSIONAIRE, REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES, ITS AGENTS OR CONTRACTORS UNMIXED WITH THE FAULT OF CONCESSIONAIRE OR ANYONE UNDER ITS CONTROL. CONCESSIONAIRE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONCESSIONAIRE UNDER THIS SECTION SURVIVES THE EARLIER TERMINATION OR EXPIRATION OF THIS AGREEMENT. B. Liability Insurance. Concessionaire must secure and maintain in force, at Concessionaire's sole expense, insurance policies with the limits and requirements as indicated on the attached and incorporated Exhibit B. The amount of all required insurance policies is not deemed to be a limitation on Concessionaire's agreement to indemnify and hold harmless the City and, in the event Concessionaire or City becomes liable in an amount in excess of the amount or amounts of the policies, then Concessionaire must hold City harmless from the whole liability. The City shall have no liability for any premiums charged for such coverage, and the inclusion of the City as a named additional insured is not intended to, and shall not, make the City a partner or joint venturer with Concessionaire in its operations at the Airport. Proceeds of any liability insurance required by Concessionaire must be applied toward extinguishing, Page 9 of 17 satisfying, or remedying the liability, loss, or damage with respect to which such proceeds may be paid. Section 9. Damage or Destruction. A. Damage. If the Terminal is damaged by fire or any other cause covered by a standard fire or extended coverage insurance policy, City shall have the option to repair the damage at the City's expense. If the City elects to repair and the damage is such that the Terminal is not rendered untenantable, Concessionaire shall continue to pay the fees and percentage amounts stated in this Agreement. In the event the public is denied access to the Airport or damage to the Terminal is so extensive as to render the Terminal untenantable for a period of 30 consecutive days, then the City shall suspend the Minimum Annual Guarantee, and percentage rent will be in effect until public access to the Airport is restored or the Terminal is again made tenantable. In the event of total destruction of the Terminal by fire or otherwise, or destruction or damage is so extensive that the City deems it necessary to rebuild said building, or in the event City elects not to repair or rebuild, Concessionaire may then terminate this Agreement by giving the City 30 days advance written notice of its election to do so and, within 20 days thereafter, shall account for and pay the City the fees accruing up to the time of the damage or destruction. B. Limits of Citv's Obligations. 1. Terminal Only. It is understood that City's obligations shall be limited to repair or reconstruction of the Terminal. Concessionaire shall be obligated, at its sole cost and expense, to reconstruct, if necessary, all of its improvements and to replace, if necessary, all of its fixtures, signage and equipment, and all such improvements, fixtures, signage and equipment shall be of quality equal to that originally installed by Concessionaire in the Terminal. 2. Damage or Destruction of Improvements. Should Concessionaire's displays, signage, fixtures, or equipment, or any part of them, be destroyed or damaged, and if City elects to repair or replace the Terminal, Concessionaire's improvements, and equipment will in all instances be repaired or replaced by Concessionaire whether or not said damage or destruction is covered by insurance. If Concessionaire fails to repair or replace such damaged improvements subject to a schedule approved by the Director, the City shall have the right, but not the obligation, to make such repairs or replacements and recover from Concessionaire the cost and expense thereof. Section 10. Termination by City. A. No waiver of default by the City of any of the terms, covenants, or conditions of this Agreement to be performed, kept, or observed by Concessionaire shall be construed to be an act of waiver of any subsequent default. The acceptance of fees by the City for any period or periods after a default of any of the terms, covenants, or conditions of this Agreement to be performed, kept, and observed by Concessionaire shall not be deemed a waiver of any right on the part of the City to terminate this Agreement for Page 10 of 17 failure by the Concessionaire to so perform, keep or observe any of the terms, covenants, or conditions of this Agreement. B. In addition to any other termination rights contained in this Agreement, the City shall have the right to terminate this Agreement, at any time, after the occurrence of any one or more of the following events: 1. Non-payment of fees due to the City that remains unpaid 30 days after same become due. 2. Abandonment by Concessionaire and discontinuance of operations under this Agreement. 3. Non-performance of any covenant of this Agreement, excluding the covenant of payments herein contained, and failure of Concessionaire to remedy the breach within a period of 30 days after written notice from the Director of the existence of said breach. 4. Concessionaire becomes permanently deprived of the rights, powers and privileges necessary to the proper operation of the facilities specified in the Agreement. 5. In the event of damage by fire or other casualty to the Terminal premises. 6. Concessionaire makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with its creditors. 7. Concessionaire assigns this Agreement without City's written consent. 8. Concessionaire, as reasonably determined by the City, has failed to make such commercially reasonable efforts to solicit and procure advertising, City, following reasonable notice to the Concessionaire to cure and Concessionaire's failure to affect such cure. C. Additionally, if the City determines that modifications to this Agreement are required in order to qualify for federal or state funding for the services to be rendered by the Concessionaire under this Agreement and if Concessionaire shall fail to consent to such modifications, or if Concessionaire is unable to comply within a reasonable time with applicable federal or state laws and regulations governing the grant of such funds for services to be rendered under this Agreement, then the City shall have the right, by written notice to Concessionaire of its intent, to terminate this Agreement. Section 11. Termination by Concessionaire. Concessionaire shall have the right to terminate this Agreement, by giving 30 days' advance written notice to City of such termination, after the occurrence of any one or more of the following events: 1. The use of the Terminal for regularly -scheduled passenger service is Page 11 of 17 discontinued on a permanent basis. 2. The lawful assumption by the United States government or any authorized agency thereof of the operation, control, or use of the Airport or any substantial part thereof in such a manner as to substantially restrict Concessionaire for a period of at least 90 days from operating in the Terminal. 3. City defaults in the performance of any of the terms, covenants, or conditions to be performed by it under this Agreement and fails to cure such default within a period of 30 days following receipt of written demand from Concessionaire to do so, or if, by reason of the nature of such default the same cannot be remedied within such 30 -day period, City shall have failed to commence the remedying of such default within the 30 -day period or, having so commenced, shall have failed thereafter to continue with diligence the remedying of such default. Section 12. Early Termination. In the event either party terminates this Agreement in accordance with the provisions of Sections 10 or 11, such termination does not affect such party's right to damages as a result of the other party's default under this Agreement or any other remedy to which it is entitled by law by reason of such default. No such termination relieves the defaulting party of any obligation for the payment of fees or other charges due as of the date of such termination, provided, that there is a recognized duty to mitigate damages. Section 13. Assignment. Concessionaire shall not sell, assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest in this Agreement or any of its rights and privileges hereunder or allow any such sale, assignment, or transfer to occur by operation of law, or subcontract for the performance of any of the services to be provided by Concessionaire under this Agreement, without the City's prior written consent. The performance of this Agreement by the Concessionaire is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. The above prohibition does not apply with respect to any entity with which Concessionaire may merge or consolidate or which may acquire substantially all of the Concessionaire's assets. Section 14. Non-discrimination. A. Concessionaire, for itself, its officers, employees, representatives, successors in interests, and assigns, as part of the consideration of this Agreement, covenants and agrees that: (i) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Airport; (ii) in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (iii) Concessionaire shall operate and use the advertising zones in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations ("CFR"), Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Non - Page 12 of 17 Discrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (as may be amended from time to time) (the "Regulations"). B. In the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate this Agreement, to reenter and repossess the advertising zones and the facilities thereon, and hold the same as if this Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. C. Concessionaire shall furnish its accommodations and services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and Concessionaire shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that Concessionaire may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar type of price reductions to volume purchasers. D. Non-compliance with the above subsections by Concessionaire shall constitute a material breach of this Agreement and, in the event of such non-compliance, the City shall have the right to terminate this Agreement without liability therefore or, at the election of the City or the United States, either or both shall have the right to judicially enforce these provisions. E. Concessionaire agrees that it shall insert the above subsections in any sub - agreement, third -party agreement, or sublease by which Concessionaire grants a right or privilege to any person, firm, or corporation to render accommodations or services to the public on the Airport. Section 15. Affirmative Action. Concessionaire shall undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Concessionaire shall require that its covered sub organizations provide assurances from their sub organizations, as required by 14 CFR Part 152, Subpart E, to the same effort. Section 16. Miscellaneous Provisions. A. Agreements with the United States and City of Corpus Christi. This Agreement shall be subject to all restrictions of record affecting the Airport and the use thereof; all federal, state, and City laws, rules, and regulations affecting the same; and subject and subordinate to the provisions of any and all existing agreements between the City of Corpus Christi and the United States of America, and their agencies, boards, or commissions, and to any future agreements between or among the foregoing that may be relative to the operation or maintenance of the Airport, the execution of which may be required as a condition precedent to the expenditure of federal, state, or City funds for the development of the Airport, or any part thereof. All provisions of this Agreement shall be subordinate to the right of the United States to occupy or use the Airport, or any part thereof, during time of war or national emergency. Page 13 of 17 B. Right to Amend Pursuant to Requirements for Funding or Improvements. In the event the Federal Aviation Administration, or its successor agency, require modifications or changes in this Agreement as a condition precedent to the granting of its approval or to the obtaining of funds for improvements at or of the Airport, Concessionaire hereby consents to any and all such modifications and changes as may be reasonably required. C. Compliance with Laws, Rules and Regulations. Concessionaire and all persons operating under the rights and privileges granted under this Agreement shall observe and obey all federal, state, and local laws, rules, and regulations with respect to the use of the Airport and Terminal, as well as any directives issues by the Director pertaining to the same, which are now in effect or which may hereafter be put into effect. D. Remedies; Attorney Fees and Costs. All remedies provided in this Agreement are deemed cumulative and additional, and not in lieu of or exclusive of each other or of any other remedy available at law or in equity arising under this Agreement. In the event either party is required to institute proceedings in a court of law to enforce its rights under this Agreement, the prevailing party in such proceedings is entitled to recover all costs incurred and reasonable attorney fees, whether incurred at the trial or appellate level, if so awarded by written judgment of the court. E. Fiscal Year. Concessionaire recognizes that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. F. Conflicts of Interest. Concessionaire represents and warrants to the City that no member, officer, employee, or agent of the City has any interest, direct or indirect, in the business of Concessionaire to be conducted under this Agreement and that no such person shall have any such interest at any time during the term of this Agreement. G. Notices. All notices required or permitted to be given under this Agreement must be given either by hand delivery or by regular United States certified mail, postage prepaid, addressed to the following: IF TO CITY: Corpus Christi International Airport Attn: Director of Aviation 1000 International Drive Corpus Christi, TX 78406-1801 Page 14 of 17 IF TO CONCESSIONAIRE: In -Ter -Space Services, Inc. dba Clear Channel Airports Attn: Airport Development Director, Thaddeus Glenn 7450 Tilghman St., Suite 104 Allentown, PA 18106 Either party may change its address during this Agreement by providing written notice to the other party in a manner set out in this paragraph. I-1. Regulation by City. The rights and privileges granted to Concessionaire under this Agreement and the use by Concessionaire of the advertising zones are at all times subject to the reasonable rules, regulations, and directives of the City as the same are now or may hereafter be prescribed through the lawful exercise of its power. I. Licenses and F*-rnits. Concessionaire shall, at its own expense, procure and keep in force during this Agreement all necessary licenses, registrations, certificates, permits and other authorizations required by law in order for Concessionaire to render its services under this Agreement. Further, Concessionaire shall pay all taxes and license, certification, permit, and examination fees and any other charges of any kind which may be assessed, levied, exacted, or imposed by governmental authorities having jurisdiction over Concessionaire's real and personal property, its operations, Gross Receipts, income under this Agreement as it relates to Concessionaire, and as to the rights and privileges granted to Concessionaire pursuant to this Agreement and the improvements made by Concessionaire on the Airport or in the Terminal, and Concessionaire shall make and file all applications, reports, schedules, and returns required in connection with the same as may be due to any governmental authority on or before the due date of such item. J. Taxes. The Concessionaire covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. K. No Apency: Independent Contractor. Concessionaire is not authorized to act as the City's agent under this Agreement and shall have no right or authority, express or implied, to act for or bind the City. Concessionaire shall perform the advertising services as an independent contractor and furnish such services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Concessionaire be considered an employee of the City. L. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. Exhibit A may be amended, as needed, throughout the Term of this Agreement and any Option Term, if exercised. M. Precedence of Contract Documents. in case of a conflict in the contract documents, first precedence shall be given to the fully executed Agreement and Page 15 of 17 Exhibits A and B, as each may be amended; second precedence will be given to the City's issued Request for Proposals ("Exhibit C"), including written questions, answers, and addenda, all of which is incorporated by reference into this Agreement as if set out fully here in its entirety; and third precedence will be given to the Concessionaire's submitted advertising proposal, as may have been clarified in writing ("Exhibit D"), the content of which exhibit is incorporated by reference into this Agreement as if set out fully here in its entirety. N. Headings. The section and paragraph headings in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope or intent of any provision of this Agreement. O. Binding. This Agreement inures to the benefit of and shall be binding upon the parties and their successors and assigns. P. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid by a court of law or contrary to applicable law, such invalidity or unenforceability shall not impair the operation of or affect those portions of this Agreement that are valid and enforceable, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. Q. Applicable Law and Venue. This Agreement has been entered into in, and shall be construed and interpreted in accordance with the laws of, the State of Texas. Any legal action in connection with this Agreement must be commenced and maintained in a court of proper jurisdiction in Nueces County, Texas. R. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties with respect to the subject matter of this Agreement. Page 16 of 17 EXECUTED IN DUPLICATE ORIGINALS on this day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to legal form: , 2016 Assistant City Attorney for the City Attorney CONCESSIOI Name: Puerf Title: )Z -n...; f}y-5hiJ Pir6).); dp Date: /2/&//4 Attached and Incorporated by Reference: Exhibit A Advertising Zones (two pages) Exhibit B — Insurance Requirements (three pages) Incorporated by Reference Only: (copies available upon request) Exhibit C — City's Request for Proposals Exhibit D — Concessionaire's Proposal Page 17 of 17 Exhibit "A" Advertising Zones Page 1 of 2 cNj O 0 8 u/saumbm:ar ulnslmmnma.t ❑-1 I 111 IIIIIIII Page 2 of 2 EXHIBIT "B" INSURANCE REQUIREMENTS ADVERTISING CONCESSIONAIRE'S LIABILITY INSURANCE A. Concessionaire must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Advertising Concessionaire must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Concessionaire must furnish to the City's Risk Manager and Director of Aviation two copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) reasonably acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in the Description Box of the Certificate of Insurance. ' TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractor 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION All states endorsement required if the Concessionaire is not domiciled in State of Texas. EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 Page 1 of 3 PERSONAL PROPERTY INSURANCE Concessionaire, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to Concessionaire's operations relative to this Agreement, Concessionaire 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, Concessionaire 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 ensure that all workers' compensation obligations incurred by the Concessionaire will be promptly met. An All States Endorsement shall be required if Concessionaire is not domiciled in the State of Texas. B. Concessionaire shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension of same, at the Concessionaire'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 Tess than A -VII. C. Concessionaire shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Concessionaire or as requested by the City. Concessionaire shall pay any costs incurred resulting from said changes. All notices under this Exhibit B 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. Concessionaire 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 and property policy; Page 2 of 3 • 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 five calendar days of a cancellation, non -renewal, material change or termination of coverage, the Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements to the City. City shall have the option to suspend Concessionaire's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement F. In addition to any other remedies the City may have upon Concessionaire's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required in this Exhibit B, the City shall have the right to order Concessionaire to stop work hereunder and/or withhold any payment(s) which become due to Concessionaire under the Agreement until Concessionaire demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which the Concessionaire may be held responsible for payments of damages to persons or property resulting from Concessionaire's or its subcontractor's performance of the work covered under this Agreement. H. It is agreed that Concessionaire'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 Concessionaire's operations under this Agreement. I. It is understood and agreed that the insurance required in this Exhibit B is in addition to and separate from any other obligation contained in this Agreement. 2015 Insurance Requirements Aviation DepL Advertising Concessionaire Agreement 10/12/2015 ds Risk Management Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-152552 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. In-Ter-Space Services, Inc. Allentown, PA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP #89 Advertising Concession Program at Corpus Christi International Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT AFFIX 20 COMMONWEALTH Of PENNSYLVANIA I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4ifefUPPER <fid` Y NOTARIAL SEAL ELIZABETH HANNAH OIMOPOULOS Notary Public17".1 MACUNGIE TWp LEHIGH COUNTY My Commission Expires Oct 20. 2019 _ .� ��"' rf �� `1 Signature of auto a agent i contracting business entity �� this the I day of 99 4 NOTARY STAMP 1 Sworn to and subscribed /7- to certify which, SEAL ABOVE before me, by the said witness my hand and seal of office. 67174,�1� ZL %GCS' 2/.1m- .., . 1 ignature of officer inistering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EVENT NO. 89 AIRPORT TERMINAL ADVERTISING SELECTION COMMITTEE SUMMARY EVALUATION MATRIX Proposed Plan: Hachar Laredo, Texas Max. Points 1 2 3 4 In -Ter -Space dba Clear Channel Allentown, Pennsylvania Max. Points 1 2 3 4 Iconic Advertising Signs Corpus Christi, Texas Max. Points 1 2 3 4 Project Understanding (40 pts) 40 35 30 30 40 40 38 40 35 40 40 30 30 20 35 Location saturation and proposed media (60 pts) 60 35 50 50 55 60 50 55 50 60 60 36 50 40 55 Attractiveness and ability to catch traveler's attention (60 pts) 60 50 55 30 55 60 55 60 60 55 60 45 55 20 55 Sellability (45 pts) 45 35 35 30 40 45 40 40 45 40 45 34 40 20 40 Account support (30 pts) 30 25 20 25 28 30 27 25 25 25 30 23 20 25 30 ACDBE Participation (15 pts) 15 5 5 0 0 15 7 5 5 0 15 15 15 15 15 Total Points for Proposed Plan: 250 185 195 165 218 250 217 225 220 220 250 183 210 140 230 Experience, Background, Qualifications: 1 2 3 4 1 2 3 4 1 2 3 4 Project Manager and Project Team (40 pts) 40 30 35 30 38 40 35 35 40 39 40 28 35 30 35 Sales outreach and network (40 pts) 40 30 30 30 35 40 38 35 40 35 40 28 35 35 35 Maintenance support and plan (30 pts) 30 25 25 20 25 30 26 30 20 25 30 22 25 25 20 References (30 pts) 30 20 20 20 30 30 25 25 30 30 30 19 20 25 30 Airport experience (60 pts) 60 45 50 20 50 60 55 60 60 55 60 30 50 0 40 Total Points for Experience, Background, Qualifications: 200 150 160 120 178 200 179 185 190 184 200 127 165 115 160 Marketing Plan: 1 2 3 4 1 2 3 4 1 2 3 4 Network (60 pts) 60 45 50 40 55 60 55 55 50 57 60 35 50 50 50 Projected sell rate (70 pts) 70 50 60 50 65 70 60 65 60 65 70 40 60 40 60 Mix of local and national clients (60 pts) 60 45 55 30 60 60 55 60 60 60 60 43 55 30 60 Mix of short term and long term contract options (60 pts) 60 40 40 30 55 60 50 55 60 60 60 38 40 30 60 Total Points for Marketing Plan: 250 180 205 150 235 250 220 235 230 242 250 156 205 150 230 Investment and Projected Revenue: 1 2 3 4 1 2 3 4 1 2 3 4 Projected infrastructure investment (70 pts) 70 55 60 55 60 70 65 55 60 55 70 48 65 60 60 Exceptions noted on base contract form (20 pts) 20 20 20 20 20 20 10 15 20 15 20 15 20 20 15 Projected gross revenue (60 pts) 60 45 50 40 50 60 43 55 40 50 60 40 55 40 50 Projected net revenue to the City (70 pts) 70 55 60 50 60 70 53 60 50 60 70 50 65 50 65 MAG and concession fee proposed (80 pts) 80 65 60 70 65 80 70 60 60 65 80 50 65 60 70 Total Points for Investment and Projected Revenue: 300 240 250 235 255 300 241 245 230 245 300 203 270 230 260 Total Evaluation Points: 1000 Total 780.25 755 810 670 886 1000 857 890 870 891 1000 669 850 635 880 877 758.5 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a)cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of a Valve Maintenance Trailer for Water Department CAPTION: Resolution authorizing the City Manager, or designee, to lease -purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. Total Lease -Purchase Price: Total Estimated Allowable Interest for Lease: Grand Total: PURPOSE: $75,387.35 $6,892.86 $82,280.21 This item is to approve the lease -purchase of a valve maintenance trailer for the water crews in the Utilities Department. BACKGROUND AND FINDINGS: This valve maintenance trailer is needed to assist water crews in the operation, opening and closing, of water valves throughout the City. In effort to have a successful valve maintenance program, the purchase of this unit is necessary. With the new addition of the valve maintenance trailer, a valve maintenance team will be assembled and mobilized throughout the city to perform critical inspections of the City's water valve infrastructure. The valve maintenance trailer is a new addition to the fleet replacing a 2001 Dodge Caravan with 124,670 miles on the odometer currently flagged for disposal. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the valve maintenance trailer is based on a sixty month term with an estimated interest rate of 3.25% for an annual estimated payment of $16,356.04. The total estimated cost over the five-year period, including principal of $75,387.35 and interest of $6,392.86, is $81,780.21. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total amount not to exceed $82,280.21. CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $10,660.00 $72,739.21 $83,399.21 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $9,541.00 $72,739.21 $82,280.21 BALANCE $1,119.00 $0.00 $1,119.00 Fund(s): Water Comments: Delivery of the valve maintenance trailer is scheduled during FY2016-2017. The annual estimated payment for this lease -purchase is $16,356.04 of which $9,541.00 is budgeted in FY2016-2017 by the Utilities Department. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Resolution authorizing the City Manager, or designee, to lease - purchase a valve maintenance trailer for the Utilities Department from E. H. Wachs Utility Products, a division of ITW, of Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21; and finding that the purchase of the valve maintenance trailer is necessary to preserve and protect the public health and safety of the City's residents. WHEREAS, one valve maintenance trailer will be lease -purchased for use by the Utilities Department; WHEREAS, this valve maintenance trailer will assist water crews in the operation, opening and closing of water valve throughout the City; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or her designee, is authorized to lease -purchase a valve maintenance trailer by the Utilities Department from E. H. Wachs Utility Products, a division of ITW, Harvard, Illinois, based on a sole source for a total amount not to exceed $82,280.21. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET PURCHASE OF A VALVE MAINTENANCE TRAILER ITEM DESCRIPTION QTY. UNIT E.H. WACHS Harvard, IL UNIT PRICE EXTENDED PRICE 1 2. 3 4 5 6.7-1/2' Grand LX (Gas) VMT: Twin turner valve maintenance trailer Adapter 2' Low Clearance Valve Key for 2" standard AWWA actuator nut 3-1/2' Low Clearance Valve Key for 2" standard AWWA actuator nut 5-1/2' Low Clearance Valve Key for 2" standard AWWA actuator nut Low Clearance Valve Key for 2" standard AWWA actuator nut 1 1 1 1 1 1 Each Each Each Each Each Each $73,995.000 $112.350 $295.000 $295.000 $325.000 $365.000 $73,995.00 $112.35 $295.00 $295.00 $325.00 $365.00 Purchase Cost: $75,387.35 E.H.WACHS® An ITN Company August 30, 2016 Superior Equipment. Complete Support:ehwachs.com WATER UTILITY PRODUCTS 455 Comanche Circle Harvard, IL 60033 T: +1.815.943.4785 I F: +1.815.943.5098 856.392.1060 This letter serves as a sole source document for the Valve Maintenance Trailer (VMT) & Valve Maintenance Skid (VMS) line of products (including the Hydro -Excavation units) manufactured by E.H. Wachs, Utility Products Division. The VMTNMS equipment and accessories are designed, manufactured, assembled and distributed solely by E.H Wachs. The design of this tool is so unique; it has been awarded multiple US patents: Patent Number 9,188,240 — Locking brake system for valve operating machine Patent Number 9,038,667 — Dual arm valve operating machine Patent Number 8,025,078 - Vehicle mountable arm for valve operating machine Patent Number 5,937,373 - Method of controlling an underground fluid flow system Patent Number 5,381,996 - Valve operator In the domestic US, regional distribution is through direct salesmen or exclusive territory dealers; for your area we are currently representing this territory directly and are the only outlet to purchase these products (although in the process of hiring a new direct representative for Texas). Please let me know should you need further details. Sincerely, Jeff Swiatowy General Manager Wachs Utility Products AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of Two 2017 Isuzu PipeHunter Trucks for Wastewater Department CAPTION: Motion authorizing the lease -purchase of two 2017 Isuzu PipeHunter trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $239,644.19, with an estimated expenditure of $23,914.44 in FY2016-2017. Total Lease -Purchase Price: Total Estimated Allowable Interest for Lease: Grand Total: PURPOSE: $220,450.00 $19,194.19 $239,644.19 This item is to approve the lease -purchase of two 2017 Isuzu PipeHunter trucks for the Wastewater Collection System crew in the Utilities Department. BACKGROUND AND FINDINGS: PipeHunters are trucks equipped with very high pressure water hoses which are used to clear sewer lines. They augment vacuum combination trucks in this type work. They are heavily used on a daily basis. The two trucks to be replaced are year models 2003 and 2007. They have 15,000 hours and 22,000 hours of use respectively. Expected life usage is 8,400 hours. In both instances, the life to date maintenance costs have exceeded purchase costs by 100% and 63% respectively. Both units are beginning to experience excessive down time. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the two 2017 Isuzu PipeHunter trucks is based on a sixty month term with an estimated interest rate of 3.25% for an annual estimated payment of $47,828.88. The total estimated cost over the five-year period, including principal of $220,450.00 and interest of $18,694.19, is $239,144.19. A not to exceed tolerance of $500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $239,644.19. CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,940.91 $215,729.75 $347,670.66 Encumbered / Expended Amount $35,928.92 $0.00 $35,928.92 This item $23,914.44 $215,729.75 $239,644.19 BALANCE $72,097.55 $0.00 $72,097.55 Fund(s): Wastewater Comments: Delivery of the two 2017 Isuzu PipeHunter trucks is scheduled during FY2016-2017. The annual estimated payment for this lease -purchase is $47,828.88 of which $23,914.44 is budgeted in FY2016-2017 by the Utilities Department for six 6 months of payments. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1 2. 3. DESCRIPTION 2017 Isuzu Pipehunter Truck Rush Truck Centers Discount BuyBoard Fee Purchase Cost: QTY. UNIT 2 EA 1 EA 1 EA PRICE SHEET PIPEHUNTER TRUCKS TLGPC BID 430-13 RUSH TRUCK CENTERS OF TEXAS, L.P. HOUSTON, TEXAS UNIT PRICE EXTENDED PRICE $110,339.37 $220,678.74 $628.74 $628.74 $400.00 $400.00 $220,450.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 14, 2017 Action Item for the City Council Meeting of February 21, 2017 DATE: February 14, 2017 TO: Mayor and City Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Establish Submission Deadline for Board, Commission & Committee Applications CAPTION: Resolution amending City Council Policies for applications for Board, Commission, and Committee Appointments. PURPOSE: City Council Policy Number 14 addresses Boards, Commissions, and Committee Procedures. In the first paragraph of Policy Number 14, language has been added establishing a deadline for submitting an application and clarifying that an "application" is required instead of a "resume or biographical information sketch". BACKGROUND AND FINDINGS: At the City Council retreat of January 13, 2017, City Council unanimously approved a Motion of Direction directing the City Secretary to bring forward an agenda item amending the Council Policies to incorporate an application submission deadline of seven calendar days before the date appointments to Boards, Commissions & Committees are to be considered by the City Council. CONFORMITY TO CITY POLICY: Conforms with City Council policies. DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): N/A LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Amending City Council Policies for Applications for Board, Commission, and Committee Appointments Be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That Section 14 of the City Council policies regarding the submission of a resume or biographical informational sketch is revised to read as follows, with the new language indicated by underlined text: "14. - Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have an resume or biographical information sketchapplication on file in the °office of the City Secretary not later than 5:00 p.m. on the seventh calendar day before the date appointments are considered by City Council. Applications filed with the Office of the City Secretary after this deadline shall not be considered by City Council on the date appointments are considered, that date being seven days after the aforementioned application deadline, but will be retained for future consideration. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by Charter, statute, or other ordinance, said committee is one ad hoc committee, or when such service is required by virtue of the individual's position or title as the result of employment or when such appointment involves the Mayor or Council Members". ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas day of , 2017 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Mayor Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM City Council Meeting of February 14, 2017 DATE: TO: FROM: February 9, 2017 Mayor and Council Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Update on May 6, 2017 Special Election STAFF PRESENTER(S): Name 1. Rebecca L. Huerta 2. 3. BACKGROUND: Title/Position City Secretary Department The purpose of the presentation is to update the City Council on the proposed timeline for the May 6, 2017 special election and possible runoff election. Cost estimates will be available by February 14. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Update on May 6, 2017 Special Election Update on May 6, 2017 Special Election REBECCA L. HUERTA, CITY SECRETARY FEBRUARY 14, 2017 Timeline —Special Election February 21 election services agreement February 28 2nd Reading Ordinance calling for election; approving election services agreement February 28 — March 27 Candidate filing period April 24 - May 2 Early voting May 6 Election Day 1st Reading Ordinance calling for election; approving May 16 Canvass / Order runoff election (if necessary) May 23 IF NO RUNOFF — Swearing -In Ceremony for Newly Elected Mayor Timeline —Runoff Election May 16 Council orders runoff election June 12 — 20 Early voting (Days and hours vary) June 24 Runoff Election Day July 2 — 5 Canvassing Period (Special City Council Meeting) July 11 Swearing -In Ceremony for Newly Elected Mayor Regular Council Meeting A Election Services Agreement - Duties CITY NUECES COUNTY >Order/Call Election >Early voting clerk >Designate Polling Locations >Ballots by mail >Appoint election judges / alternate judges >Training for election judges & clerks >Designate Election Workers >Transport equipment & supplies >Payroll of Election Workers >Early Voting / Election Night Returns >Post/Publish Notices >Canvass Non -Transferable Duties: City ➢Applications for place on the ballot ➢Filing of Reports required under Title 15 (Campaign Finance Reports) ➢Custodian of Records Nzr Proposed Early Voting >Main Early Voting Location — Nueces County Courthouse >11 Proposed Temporary Early Voting Locations (pending final approval) >Proposed Schedule Dates Times Monday, April 24, 2017 — Friday, April 28, 2017 8:00 a.m. — 5:00 p.m. Saturday, April 29 - Sunday, April 30 CLOSED Monday, May 1, 2017 —Tuesday, May 2, 2017 7:00 a.m. — 7:00 p.m. Election Day— May 6, 2017 VOTE >Proposed 76 voting centers throughout city - 7:00 a.m. to 7:00 p.m. >Registered voters in the city can vote at any voting center >Election day is same day as Buc Days Illuminated Night Parade — Begins at 8:00 p.m. >May uniform election date set by state law — cannot be changed >Nueces County Courthouse will be an election day polling place on the parade route >Coordinating with Police and Traffic Engineering — Election workers can reach courthouse to drop off equipment without traffic delays >Coordinating with Public Information Office on a communication plan Election Information >City's website: http://forward.cctexas.com >City Secretary's Office >Phone: (361) 826-3105 >E-mail: citysecretary@cctexas.com >In person during regular business hours >Candidate packets will be available by February 28 Questions? AGENDA MEMORANDUM City Council Meeting of February 14, 2017 DATE: TO: Margie C. Rose, City Manager February 6, 2017 FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2604 Red Light Camera Review STAFF PRESENTER(S): Name 1. Mike Markle 2. 3. OUTSIDE PRESENTER(S): Title/Position Chief of Police Department Police Name Title/Position Organization 1. 2. BACKGROUND : In 2007, the City of Corpus Christi and REDFLEX entered into a contract to utilize red light cameras to enforce red light violations at designated intersections. The goal of the program was to reduce right angle accidents (side impact) inside the borders of the identified intersections. The contract can be terminated with (30) days' notice prior to expiration of the current term. The current term ends on April 26th, 2017. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Presentation Red Light Camera CC STOP! Corpus Christi Safe Traffic Operations Program Red Light Cameras Council Presentation February 14, 2017 Red Light Cameras Introduction • In 2007, the City of Corpus Christi and REDFLEX entered into a contrac. utilize red light cameras to enforce red light violations at designated intersections. The goal of the program was to reduce right angle accident (side impact) inside the borders of the identified intersections. • These intersections were chosen utilizing the following criteria: (1) volume of traffic and violations, (2) intersection collisions, (3) complaints, intersection design, (5) and available infrastructure. • In 2007, ten cameras were erected throughout the city, and in 2009 th additional cameras were added to the program. Currently, 12 cameras monitor 11 intersections. • The contract can be terminated with (30) days' notice prior to expiratii of the current term. The current term ends on April 26th, 2017. 2 5,31F Red Light Cameras Intersection Data **Best Data Available 2014-2015** **Corpus Christi PD did not work minor crashes from 2014-2015** Date activated Average Rear End Crashes Intersection Average Crashes Average Crashes w/injuries Side Impact Crashes 07-30-2007 Ayers & Baldwin Pre -Camera 2005-2006 Ayers & Baldwin Post - Camera 2012-2014 Ayers & Gollihar Pre -Camera 2005-2006 Ayers & Gollihar Post - Camera 2012-2014 12. 11 5 33 4 1 4 4 5 12 20 5 2 10 Baldwin & Greenwood Pre -Camera 2007-2008 14 1 4 4 Baldwin & Greenwood Post -Camera 2012-2014 7 3 2 3 Total Approved Violations Unavailable 6,478 Unavailable 5,931 Unavailable 4,901 Right Tur Red Unavaila Unavaila 3,097 Unavaila 783 Unavailable Unavailab Unavailal Unavailal 1 7 5,611 1,593 2 -2007 -2007 Red Light Cameras Intersection Data **Best Data Available 2014-2015** **Corpus Christi PD did not work minor crashes from 2014-2015** :te ated Intersection Average Crashes Average Crashes w/injuries Side Impact Crashes Average Rear End Crashes Total Approved Violations Right Tur Red -2007 Everhart & Holly (NB) Pre -Camera 2005-2006 Everhart & Holly (NB) Post -Camera 2012-2014 Everhart & Holly (SB) Pre -Camera 2005-2006 Everhart & Holly (SB) Post -Camera 2012-2014 Greenwood & Gollihar Pre -Camera 2005-2006 Greenwood & Gollihar Post -Camera 2012-2014 18 14 16 12 4 3 2 5 2 2 1 1 3 8 1 8 Unavailable 7 4,993 1,652 1 Unavailable 0 2 3,750 0 Unavailable Unavailal Unavailable Unavailal 7,276 Unavailable Unavailal Red Light Cameras Intersection Data Date activated Intersection Holly & Weber Pre -Camera 2005-2006 Holly & Weber Post -Camera 2012-2014 McArdle & Airline Pre -Camera 2005-2006 Average Crashes 35 Average Crashes w/injuries 29 6 24 McArdle & Airline Post -Camera 2012-2014 16 Ocean & Airline Pre -Camera 2007-2008 Ocean & Airline Post -Camera 2012-2014 Ocean & Doddridge Pre -Camera 2005-2006 Ocean & Doddridge Post - Camera 2012-2014 4 3 3 1 Side Impact Crashes 6 1 3 1 1 4 1 0 10 2 4 1 5 1 Average Rear End Crashes Total Approved Violations Right Turn Red 20 18 5,339 4,262 16 10 7,785 1 Unavailable Unavailal 3 6,788 0 3 2 7,576 0 C Average Rear End Crashes Right Turn I Red Red Light Cameras Intersection Data activated Total Approved Violations Unavailable Unavailabl 4,324 0 Unavailable Unavailabl 15,011 11,137 Unavailable Unavailabl 135 0 Intersection Average Crashes Average Crashes w/injuries Side Impact Crashes 0-20007 02-2007 rough 20-2013 Staples & Kostoryz Pre -Camera 2007-2009 Staples & Kostoryz Post - Camera 2012-2014 Staples & Williams Pre -Camera 2005-2006 Staples & Williams Post - Camera 2012-2014 Yorktown & Cimarron Pre -Camera 2005-2006 Yorktown & Cimarron Post -Camera 2012-2013 14 6 32 2 1 8 1 0 4 3 1 20 9 2 1 3 6 1 1 4 6 4 0 4 -$783,030.00 • Red Light Cameras Expenditures and Revenue Red Light Program - Expenditures Gross Revenue FYI 2016 !ra leases ($4,870 each camera, plus additional or scofflaw flags. The average amount for flags is t $6750 per month). y and wages: 'ace Officer and two Management Assistants ant includes retirement, group insurance, oyee benefits, police vision insurance and sworn oyee dental ises: ling Office lease, office supplies, contract labor, I, postage, printing, licenses, collections cipal Information Systems and minor tools and Iment Net Revenue amount is divided equally between the State of and the City of CC after the above expenditures let* $1,852,579.84 -$270,097.11 -$94,530.78 -$31,114.54 =$673,807.41 items in this chart are funded solely by the Red Light Camera Program* hi Red Light Program — Amount due to the State of T Funds sent to the State: used for trauma facilities throughout the State $3: Red Light Program — Amount due to the City of Corpu Net revenue to the City: (below cells represent FY 15-16 disbursements) Traffic Engineering: Utilize the funds for School Zone and Intersection updates that improve traffic safety (flashing lights) Police Department: Utilize the funds for Traffic Officer training (Drug Recognition Experts), Laser Mapping equipment for crash investigations, Electronic ticket writers, Vehicle detection systems for intersections Crossing Guard Program $3 - $1 - $1 Red Light Cameras Options Moving Forward • Let contracts with REDFLEX auto renew for five years for administration of Photo Red Light Enforcement Program and management of Red Light Scofflaw • Not allow auto renewal of agreements with Redflex by sending nc of non -renewal at least 30 days prior to April 26th, 2017 (no unamortized cost due): • Cancel current contract agreement with REDFLEX prior to the nat end date of April 26th, 2017. This action would result in an unamortized cost of $5,238 to be assessed for the cost of camera installation.