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Home My WebLink AboutAgenda Packet City Council - 10/31/2017 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, October 31,2017 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 Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Betty Vestal, Church of Acts. C. Pledge of Allegiance to the Flag of the United States to be led by Constance Sanchez, Director of Finance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1377 Proclamation declaring October 31, 2017, "The Council on Alcohol + Drug Abuse Coastal Bend Day". Proclamation declaring November 3, 2017, "Voices of South Texas Day". Proclamation declaring November 4, 2017, "Face-to-Face Walk for Memory Day". Proclamation declaring November 8, 2017, "National STEM Day". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 1 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 a. MUNICIPAL SOLID WASTE FEE (MSW) b. OTHER G. MINUTES: 2. 17-1379 Regular Meeting of October 24, 2017. Attachments: Minutes-October 24, 2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-1378 Commission on Children and Youth Mayor's Fitness Council Sister City Committee Attachments: Commission on Children and Youth Mayor's Fitness Council Sister City Committee I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. City of Corpus Christi Page 2 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 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 - 9) 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. 17-1277 Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859, with Two Additional Two-year Options and a Total Potential Multi-Year Amount of$10,223,577 (Council Priority -Water) Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$10,223,577.00. Attachments: Agenda Memo-Sodium Permanganate. Bid Tabulation -Sodium Permanganate.xlsx Supply Agreement-Sodium Permanganate Form 1295-Sodium Permanganate Solution.pdf 5. 17-1326 Service Agreement for Section 125 Cafeteria Plan Administration Services for Employees Who Elect Flexible Spending Account and City of Corpus Christi Page 3 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Dependent Care Assistance Programs for a One-Year Not to Exceed Amount of$35,612.40, with Four Additional One-Year Options and a Total Potential Multi-Year Amount of Up to $178,062.00 Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFlex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017-18 in the Employee Fund. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $178,062.00. Attachments: Agenda Memo-Section 125 Cafeteria Plan Administration Bid Tab-Section 125 Cafeteria Plan Administration Service Agreement-Section 125 Cafeteria Plan Administration Form 1295 6. 17-1327 Supply Agreement for Office Supplies City-Wide for a Two-year Not to Exceed Amount of$1,626,800.74, with Two Additional One-year Options and a Total Potential Multi-Year Amount of$3,253,601.48 Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$3,253,601.48. Attachments: Agenda Memo-Office Supplies Bid Tab-Office Supplies Supply Agreement-Office Supplies Form 1295-Office Supplies 7. 17-1346 Second Reading Ordinance - Rezoning property located at 6113 Durant Drive (1st Reading 10/24/17) Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. City of Corpus Christi Page 4 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-01 Luxury Spec Homes, Inc. Ordinance 0917-01 Luxury Spec Homes, Inc.with Exhibits Ordinance 0917-01 Luxury Spec Homes, Inc.- RS45 with Exhibit Presentation 0917-01 Power Point- Luxury Spec Homes, Inc. Zoning Report 0917-01 Luxury Spec Homes, Inc. with Exhibits 8. 17-1287 Second Reading Ordinance - Farming Lease Agreement at Cefe Valenzuela Landfill - 940 acres, Farm Site No. 3466 with an annual lease payment of$98,700 for a total of$493,500 for the five year lease (1st Reading 10/24/17) Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of$98,700 for a total of$493,500 for 5 years based on $105 per acre. Attachments: Agenda Memo- Farm Lease Agreement FSN 3466 Ordinance - Farm Lease Revd for 20171031 CC Mtq Location map Farm Lease Cefe.pdf Vicinity Map- Farm Lease Cefe.pdf Presentation - Farm Lease Cefe.pptx Form 1295-Harwell Farm Lease Agreement 9. 17-1324 Second Reading Ordinance - Reimbursement Funds for Storm City of Corpus Christi Page 5 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Water Catch Basins Program (1st Reading 10/24/17) Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. Attachments: Agenda Memo-CBBEP catch basins Ordinance - CBBEP catch basins Agreement 1707 Marine Debris contract L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 10 - 11) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 10. 17-1343 Second Reading Ordinance - Rezoning property located at 5842 Yorktown Boulevard (%vote required) (1 st Reading as Amended 10/24/17) Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "CN-2" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-03 Mostaghasi Investment Trust Ordinance as Amended 0917-03 Special Permit Mostaghasi Investment Trust Ordinance 0917-03 Mostaghasi Investment Trust with Exhibit Ordinance 0917-03 Mostaghasi Investment Trust-CN1 with Exhibit City of Corpus Christi Page 6 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Presentation 0917-03 Mostaghasi Investment Trust Zoning Report 0917-03 Mostaghasi Investment Trust with Exhibits 11. 17-1382 Discussion regarding the composition of the Corpus Christi B (Type B) Corporation board with possible action. Attachments: Agenda Memo-CC B Corporation Composition.docx O. FIRST READING ORDINANCES: (ITEMS 12 - 14) 12. 17-1362 First Reading Ordinance -Accepting and appropriating Grant funds for Assistance to Firefighters Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of$31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program. Attachments: Agenda Memo-Assistance to Firefighters Ordinance -Assistance to Firefighters Award Letter-Assistance to Firefighters 13. 17-1231 First Reading Ordinance -Appropriating Utility Revenue Improvement Bond Funds and approving the Master Service Agreement for the Seawater Desalination Project (Capital Improvement Program) Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project#E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project#E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$2,627,000 for a total restated fee of$2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) Attachments: Agenda Memo-Seawater Desalination Ordinance - Desal and SWIRFT funds-final Project Budget-Seawater Desalination Location Map-Seawater Desalination City of Corpus Christi Paye 7 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Presentation -Seawater Desalination Contract MSA-Seawater Desalination 14. 17-1286 First Reading Ordinance -Appropriating Funds and Authorizing a Construction Contract for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction (Airport Capital Improvement Program) Ordinance appropriating $4,899,563.58 from a Federal Aviation Administration Grant; appropriating $544,395.98 from Airport Operating Reserve and transferring to Airport Capital Reserve for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron project; amending the FY '18 Capital Improvement Program (CIP) Budget by $5,443,959.56; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc., of Houston, Texas in the amount of$4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. Attachments: Agenda Memo-CCIA East GA and Terminal Apron Reconstruction Ordinance -CCIA East GA and Terminal Apron Reconstruction Prosect Budget-CCIA East GA and Terminal Apron Reconstruction.xlsx Location Map-CCIA East GA and Terminal Apron Reconstruction.pdf Presentation -CCIA East GA and Terminal Apron Reconstruction Letter of Recommendation &Bid Tab Form 1295-SpawGlass.pdf Grant 56 Award P. FUTURE AGENDA ITEMS: (ITEMS 15 - 19) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 15. 17-1008 Resolution approving Bond 2016 Residential Street Rebuild Program (RSRP) Project Work Plan. Attachments: Agenda memo- RSRP Bond 2016 Work Plan.docx Resolution -RSRP Bond 2016 Work Plan .docx Exhibit A-Bond 2016 RSRP Work Plan Street List Presentation - RSRP Bond 2016 Work Plan -Legistar.pptx Location Maps 2.pdf Resolution approving Concepts, etc. (031088).pdf 16. 17-1082 Contract Amendment No. 1 and Testing Agreement for Residential Street Rebuild Program (RSRP) Bond 2016 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional City of Corpus Christi Page 8 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31, 2017 Services, Inc. of Corpus Christi, Texas in the amount of$552,667 for a restated fee of$602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of$56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP) Project. Attachments: Agenda Memo- Residential Street Rebuild Prosect 17-1082-Contract Amendment Presentation Prosect Budget Item 17-1082 (Final) Location Map- Residential Street Rebuild Prosect Amendment No. 1 Hanson - Residential Street Rebuild Program Testing Agreement PSI - Residential Street Rebuild Program COF- Residential Street Rebuild Prosect 17. 17-1258 Construction Contract for the O.N. Stevens Water Treatment Plant Maintenance Building (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of$1,662,390 for the O.N. Stevens Water Treatment Plant (ONSWTP) Maintenance Building for Total Base Bid. (Capital Improvement Program) (CIP) Attachments: Agenda Memo-ONS Maint bldq Prosect Budget-ONSWTP Maintenance Bldg Location Map ONSWTP Maintenance Bldg Presentation ONSWTP Maintenance Bldg Form 1295-ONSWTP Maintenance Bldg Letter of Recommendation -ONSWTP Maintenance Bldg Plan Holders List-ONSWTP Maintenance Bldg 18. 17-1305 Professional Services Contract for Allison Basin Wastewater Master Plan Update Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$67,450 for Allison Basin Wastewater Master Plan Update. Attachments: Agenda Memo-Allison Basin Budget-Allison Basin Location Map-Allison Contract-Allison Presentation -Allison 19. 17-1360 Service Agreement for Financial Advisor Services for a One-Year City of Corpus Christi Paye 9 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31,2017 Not-To-Exceed Amount of$171,000.00 With Four One-Year Options for a Potential Not-To-Exceed Amount of$870,000.00 Motion authorizing the City Manager or designee to execute a service agreement with FirstSouthwest, a Division of Hilltop Securities, Inc., Dallas, Texas for financial advisor services for the Finance Department, in accordance with RFP No. 1306, based on the best value proposal. The agreement will be for a not-to-exceed amount of$171,000.00, which will be funded in FY2017-2018 primarily from bond proceeds. The term of the agreement is for one year, with four one-year options subject to the sole discretion of the City, with a total potential multi-year not-to-exceed amount of$870,000.00. Attachments: Agenda Memo- Financial Advisor Evaluation Matrix Council Final Service Agreement KR Signed 10.20.17 Corpus Christi TX- 1295 Form Corpus Christi TX-MA Disclosure Statement Q. FUTURE CORPORATION MEETING: (ITEM 20) 20. 17-1410 Future Special Board Meeting of the Corpus Christi Housing and Finance Corporation Attachments: Agenda Memo CCHFC Special Meeting CCHFC Board Agenda R. BRIEFINGS: (ITEM 21) 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. 21. 17-1304 Corpus Christi Regional Economic Development Corporation Quarterly Update to City Council (Q3 2017) Attachments: Agenda Memo-CCREDC Presentation-CCREDC October 2017 S. EXECUTIVE SESSION: (ITEMS 22 -23) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas City of Corpus Christi Page 10 Printed on 10/30/2017 City Council Meeting Agenda-Final October 31,2017 Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 22. 17-1372 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's professional service management agreement for the Corpus Christi Museum of Science and History and potential claims related to repairs to said museum. 23. 17-1402 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, including, but not limited to local government corporation(s), and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 11 Printed on 10/30/2017 Cit`' of Corpus Christi 1201 Leopard Street r City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, October 24,2017 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor David Kelly, Trinity Worship. Pastor David Kelly gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Andy Leal, Director of Street Operations. Director of Street Operations David Kelly led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Assistant City Manager Keith Selman, City Secretary Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring October 2017, "National Breast Cancer Awareness Month". Presentation donating to "Mayor's Hurricane Harvey Fund" by Judith Talavera, AEP Texas President & COO. Presentation donating to "Mayor's Hurricane Harvey Fund" by Sun Jip Kim & Kyung Talk Chung, Korean Chamber of Commerce. Mayor McComb presented the proclamation and accepted donations to the "Mayor's Hurricane Harvey Fund". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments.Assistant City Manager Keith Selman reported on the following topics: a. OTHER 1) The ribbon cutting for Fire Station No. 18 is scheduled for Wednesday, November 15,2017 at 11:00 a.m. located at 6226 Ayers Street.2) The Debris Collection schedule to collect debris as a result of Hurricane Harvey has been released for the remainder of the year. Effective Monday, October 23, 20175 collection began in Area 1-A. The City is requesting that residents living in Area 1-13 begin setting out debris for collection beginning Monday, October 30, 2017. G. MINUTES: 2. Regular Meeting of October 17, 2017. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously(Council Member Guajardo—absent). H. BOARD &COMMITTEE APPOINTMENTS: (NONE) City of Corpus Christi Page 2 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 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. Mayor McComb referred to comments from the public.Jack Gordy,4118 Bray, spoke regarding blocked sidewalks and City Council's lack of interest in placing this item on an agenda for discussion. Ruben Garza, 3905 High Bank Drive, and Victoria Martinez, 3813 Bertram Street,spoke in support of parks being smoke-free areas to reduce the exposure of second-hand smoke on children visiting the parks. Bobby Petty, U.S. Small Business Administration (SBA), provided an update on the application process and loans provided to assist small businesses, homeowners, and renters in the area impacted by Hurricane Harvey and informed residents that the deadline for filing with SBA or Federal Emergency Management Agency(FEMA) has been extended to November 24,2017. Tamiko Exford, External Affairs Advisor for FEMA, provided deadline dates for government jurisdictions and private nonprofits requesting reimbursement for public infrastructure and repairs; transitional shelter assistance; and individual assistance related to Hurricane Harvey. Colin Sykes, 309 Aberdeen, requested support for the City to join the National Mayor's Climate Association and pressure the President of the United States to rejoin the Paris Accord.Joan Veith, 5701 Cain Drive, addressed previous public comments made by a citizen and stated that the City Council and the City have continuously shown support for the disabled and elderly citizens in the community. I. EXPLANATION OF COUNCIL ACTION: Council Member Smith made a motion to reconsider Item 8 from the October 17,2017 meeting, Motion authorizing the City Manager, or designee,to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$216,871 for the Corpus Christi Museum of Science and History Floodwall project for survey, design, permitting, bid and construction phase services, seconded Council Member Vaughn. Council members discussed the following topics: concerns with the total estimated project costs; reevaluation of the contract and bring back alternatives for project scope to reduce costs;the direction given to staff to bring back an update on the project in the future; discussions with the Port of Corpus Christi Authority(POCCA) regarding the project and possible contributions; use of dredging materials from dredging performed by the POCCA;whether there are any negative outcomes from rescoping the project; and a request for information to provide a better understanding of the project. City of Corpus Christi Page 3 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 The Motion to Reconsider Item 8 from the October 17,2017 meeting passed unanimously. Council Member Garza made a motion to table this item to allow staff to bring alternate solutions for the project and have discussions with the POCCA regarding the utilization of dredging materials,seconded by Council Member Guajardo and passed unanimously. K. CONSENT AGENDA: (ITEMS 3 - 8) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 3 be pulled for individual consideration. Council Member Garza made a motion to approve the Consent Agenda, seconded by Council Member Lindsey-Opel. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Service Agreement for Bailiff and Security Guard Services for Municipal Court for a not to exceed amount of$209,352 with a potential multi-year amount of up to $628,056 Motion authorizing the City Manager or designee to execute a service agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. This Motion was passed on the consent agenda. Enactment No: M2017-169 5. Approval of the 2017 Tax Levy Motion approving the 2017 Property Tax Levy of$119,297,025.33 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. This Motion was passed on the consent agenda. City of Corpus Christi Page 4 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 Enactment No: M2017-170 6. Second Reading Ordinance - Rezoning property located at 101 Caribbean Drive (1st Reading 10/17/17) Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031277 7. Second Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street (1st Reading 10/17/17) Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031278 8. Second Reading Ordinance -Approval of agreement and appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (1st Reading City of Corpus Christi Page 5 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 10/17/17) Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031279 3. Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85, for the City's share of the cost to extend Oso Parkway. (south of Yorktown Boulevard &east of Cimarron Boulevard) Resolution authorizing city manager or designee to execute a developer participation agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85 for the City's share of the cost to extend Oso Parkway. (South of Yorktown Boulevard & East of Cimarron Boulevard). Mayor McComb referred to Item 3, execution of a developer participation agreement for Royal Creek Estates Unit 7. Interim Director of Development Services Bill Green and council members discussed the following topics: the developer's intent to extend Oso Parkway and upgrade the street from residential design development standards; warranty on the street;the developer's responsibility to handle project management engineering;whether the City is reimbursed for inspections; the street participation reimbursement estimate and engineering fees; and a timeline on when the item related to changing the residential street warranty from one to two years will be discussed. There were no comments from the public. Council Member Garza made a motion to approve the resolution,seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031276 M. PUBLIC HEARINGS: (ITEM 9) City of Corpus Christi Page 6 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 9. Public Hearing and First Reading Ordinance - Rezoning property located at 5842 Yorktown Boulevard (%vote required) Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "CN-2" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 9. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property located at 5842 Yorktown Boulevard. Mr. Green stated that the Planning Commission and staff recommend denial of the zoning change to the"CN-1" Neighborhood Commercial District, and in lieu thereof, approval of the "CN-2" Neighborhood Commercial District. Mr. Green presented the following information: an aerial view of the subject property;zoning pattern;the future land use map; and public notification. City Secretary Rebecca L. Huerta clarified that the case received over 20%opposition and approval requires a three-fourths vote of the City Council. Mayor McComb opened the public hearing. Eric Martinez, 7505 Beau Terre Crt.; Janice Weaver, 5817 Loire Blvd.; Sharon Davis, 7509 Beau Terre Crt.; Robin Jifibahlool, 44 E. Bar-Le-Doc; Peggy Engelston, 7705 Marissa Drive; Rita Zuleta, 7606 Petit Pointe Dr.; Gloria Randall Scott, 4422 S.Alameda; Da Yehia, 5709 Loire Blvd.; and Hobart Weaver, 5817 Loire Blvd.,spoke in opposition to the zoning change and expressed the following concerns: construction of an apartment complex; increased traffic; maintenance and setback requirements; notification to property owners;sidewalk accessibility; limited parking for the development; and the impact to an already crowded Kaffie Middle School. Wayne Lundquist, representing the applicant,stated that the applicant is supportive of Planning Commission's and staff's recommendation and has no plans to build an apartment complex on the subject property. Larry Gennings, developer, provided a proposed site plan for a portion of the property to build a dialysis clinic. Mayor McComb closed the public hearing. Council members and staff discussed the following topics:the allowable uses in "CN-2"; an explanation on the difference from the current allowable uses City of Corpus Christi Paye 7 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 and the recommended change in zoning uses;traffic impact; concerns from the adjacent residents that an apartment complex will be built on the subject property;the developer's intended use for the subject property; issues with residential properties which back up to a major arterial street; improvements to the public notification process for zoning changes,specifically signage; the setback requirements; development of a noise wall structure;setting conditions during the development process to address noise,timing of dumpster service, and drainage;the need to develop the area to grow the tax base; and protecting the neighborhood from additional multi-family development. Council Member Garza made a motion to deny the zoning change from an "RS-6"to the"CN-2", and in lieu thereof, approval of an "RS-6/SP"to allow the permitted uses in the "RS-6" and "CN-2"zoning districts with the exception of apartments,townhomes, two-family homes, cottage housing, and group living, seconded by Council Member Rubio and passed (Council Member Vaughn voting "No"). Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Vaughn Abstained: 0 L. RECESS FOR LUNCH Mayor McComb called for a recess at 1:55 p.m. Mayor McComb reconvened the Council meeting at 2:26 p.m. PUBLIC HEARINGS: (ITEM 10) 10. Public Hearing and First Reading Ordinance - Rezoning property located at 6113 Durant Drive Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. City of Corpus Christi Paye 8 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 10. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to a develop a 17-lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. Mr. Green stated that the Planning Commission is recommending approval of the zoning change to the "RS-4.5/PUD"Single-Family 4.5 with a Planned Unit Development overlay with specified conditions. Staff is recommending denial of the zoning change, and in lieu thereof, approval of the "RS-4.5"Single-Family 4.5 District. Mr. Green explained that the development can be accomplished without the need for a Planned Unit Development(PUD)and the proposed development does not included the unique design provisions of a PUD. Mayor McComb opened the public hearing. Victor Nazar, Luxury Homes, requested approval of the Planning Commission's recommendation and stated that the zoning request is similar to a recent rezoning of property located near Aschunet Park. Mayor McComb closed the public hearing. Council members discussed the following topics:the property being located near Blanche Moore School;the reasons for the differing recommendations from Planning Commission and staff;the number of residential lots; and proper signage notifying the public of the requested zoning change. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 11 - 12) 11. Ordinance to appropriate unreserved funds for the purchase of three loaders and two graders for Parks and Recreation City of Corpus Christi Paye 9 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 Ordinance to appropriate $636,690.00 in the unreserved fund balance in the No. 1030 Hotel Occupancy Tax Fund and $459,235.00 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi for beach operations, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed $1,095,925.00; amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $1,095,925.00; and declaring an emergency. Mayor McComb referred to Item 11. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate unreserved funds, $636,690 from the Hotel Occupancy Tax(HOT) Fund and $459,235 from the State HOT Fund, with a total amount not to exceed$1,095,925 to purchase three loaders and two graders for beach operations. There were no comments from the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031280 12. Rental payments for two motor graders and three loaders totaling $219,736 Motion to authorize payments totaling $219,736 for the rental of the beach operations equipment (two motor graders and three loaders) from Doggett Heavy Machinery Services LLC for the period June 2017 through January 2018. Mayor McComb referred to Item 12. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize rental payments for the existing motor graders and loaders,which was administratively approved, to extend the contract through January 2018. There were no comments from the public. Council members discussed the following topics: administrative approval of the existing contract and the need to develop a contract management process for the City. Council Member Rubio made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: City of Corpus Christi Page 10 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-171 O. FIRST READING ORDINANCES: (ITEMS 13 - 14) 13. First Reading Ordinance - Farming Lease Agreement at Cefe Valenzuela Landfill - 940 acres, Farm Site No. 3466 with an annual lease payment of$98,700 for a total of$493,500 for the five year lease Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of$98,700 for a total of $493,500 for 5 years based on $105 per acre. Mayor McComb referred to Item 13,execution of a five-year farming lease agreement at Cefe Valenzuela Municipal Landfill. Director of Solid Waste Operations Lawrence Mikolajczyk and council members discussed the following topics: appreciation for staff generating additional revenue through this item;the current permit does not allow solid waste on the land;the total annual lease payment based on $105 per acre; and whether a bonus payment was included. City Attorney Miles K. Risley referred to a typographical error in Section 1 of the ordinance which reflects an amount of$97,700 instead of $98,700. There were no comments from the public. Council Member Molina made a motion to amend Section 1 of the ordinance to read $98,700,seconded by Council Member Vaughn and passed unanimously. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 14. First Reading Ordinance - Reimbursement Funds for Storm Water Catch Basins Program Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the City of Corpus Christi Page 11 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 No. 1052 Water Utilities Grant Fund. Mayor McComb referred to Item 14.Assistant Director of Support Services - Water Reba George stated that the purpose of this item is to appropriate $20,000 in reimbursement funds received through the agreement with the Coastal Bend Bays and Estuaries to install approximately 14 catch basin inserts to help prevent debris from reaching Corpus Christi Bay. There were no comments from the public. In response to a council member, Ms. George stated that she would research grant opportunities to fund additional catch basin devices. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 15 - 17) Mayor McComb referred to Future Agenda Items.Assistant City Manager Keith Selman stated that staff did not have any planned presentations. Council members requested information on Items 15 and 17. City Secretary Rebecca L. Huerta reported on the future Council meeting dates for the upcoming months: November 7,2017; November 14,2017; December 12, 2017; December 19, 2017;January 9,2018;January 16, 2018;January 23, 2018; and January 30, 2018. 15. Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859, with Two Additional Two-year Options and a Total Potential Multi-Year Amount of$10,223,577 (Council Priority -Water) Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$10,223,577.00. This Motion was recommended to the consent agenda. 16. Service Agreement for Section 125 Cafeteria Plan Administration City of Corpus Christi Page 12 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 Services for Employees Who Elect Flexible Spending Account and Dependent Care Assistance Programs for a One-Year Not to Exceed Amount of$35,612.40, with Four Additional One-Year Options and a Total Potential Multi-Year Amount of Up to $178,062.00 Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFlex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017-18 in the Employee Fund. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $178,062.00. This Motion was recommended to the consent agenda. 17. Supply Agreement for Office Supplies City-Wide for a Two-year Not to Exceed Amount of$1,626,800.74, with Two Additional One-year Options and a Total Potential Multi-Year Amount of $3,253,601.48 Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $3,253,601.48. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (NONE) S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Lindsey-Opel requested a item to address the use of the Ward Building. Mayor McComb consented to place the item on an agenda for discussion. City of Corpus Christi Page 13 Printed on 10/26/2017 City Council Meeting Minutes October 24, 2017 T. ADJOURNMENT The meeting was adjourned at 3:04 p.m. City of Corpus Christi Page 14 Printed on 10/26/2017 City Of Corpus Christi COMMISSION ON CHILDREN & YOUTH BOARD DETAILS The Commission on Children &Youth supports a 1 SIZE • Seats comprehensive system of services and advances policies to meet the needs of Corpus Christi's children, youth and their TERM LENGTH 3 Years families, including gathering information from people and entities to act as a source of information and referral on issues OVERVIEW 0 TERM LIMIT 6 Years concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthening communications and encouraging partnerships between public and private entities working with children and youth, and serving as an advocate for local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The commission shall consist of nine(9)members appointed by the City Council. F-E1k Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations.Members shall be representative of each of the following fields: (1) - Health and Human Services, (1)-Law Enforcement, (1)-Education, (1) -Youth DETAILS and Family Services, (1)-Nueces County District Attorney's Office,and (3)-At- Large members.One(1) member shall be a youth representative from 16 to 21 years of age at time of appointment.Any member who ceases substantial activity in the field or office represented,automatically resigns from the commission. (On 10-10-95,Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ....................................................................................................................................................................................................................................... CREATION/AUTHORITY Sec.2-217;Ord.021927,4/26/94;Ord.022728, 10-15-96,Ord.023452,9-29-98, Ord. 029813,4-30-13. ..................................................................................................................................................................................................................................................... MEETS 3rd Monday at 5:30 p.m., City Hall,Staff Conference Room. ....................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................ DEPARTMENT Parks and Recreation Department ........................................................................................................................................................................................................................................................................ COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION COMMISSION ON CHILDREN & YOUTH a Q) Y V Q) Y Y N +° C to r dC V C M > G Y N G D d O O O 0 JA CL m LL C W 0 d OOC 01 b O O W O C L aL-+ WbLA L m d U J 41 O 7 m J J 7 7 V Y � m Q Z Q } 2 Q Q } w a u N w Z � t dV d O f6 a£i a£i a£i ani a£i ani ani � w a a bbD > ¢ Q Y m J +' an-I aM-I 00 aM-I aM-I N co co e0)-1 \ \ \ \ \ \ \ Ln \ Q ++ O O O O O O O O O Z h C L � N L Q 0 \ C W 3 a u1 .1 M a N N M Y Y Y Y Y Y Y Y S (6 V V V V V V V V J 4-J IY/1 IY/1 YVI IY/1 1Y/1 1Y/1 YVI 1Y/1 } rl a N oho C £ lV J m r- Y M u c 0 £ a 3 E m 0 CL U CL O 0 m c O r b a C S C O Y O C C O b-0O > > 7 > > > (C •{n vii a d m Vf N O Q OC Q Q Q Q Q Q > L •� Q Erq O U \ Ln O O 0 0 0 0 0 0 0 O 'a r r >- >- r } r } r r W W W W W W W W W W Lf1 2 2 S 2 2 S 2 2 2 2 V V V V V V V V V V W Z Z Z Z Z Z Z Z Z Z O O 0 0 0 0 0 0 0 O Z Z Z Z Z Z Z Z Z Z Ln O O 0 0 0 0 0 0 0 O Y E a 0 0 0 0 0 0 0 0 0 O V V V V V V V V L Y 3 a C c £ m u Y C Y m t C u 6 y : '> ;; m m a 'm m r a a w 3 C7 > 3 Q ~ o W u m y O m y N = of Z C _ d m a v °1 r a Y GJ 41 L 41 — C (0 V L }firs C V Ly Q •C VI C ~ Q 2 � 'Ve 2 O 0 O O � N O T C auJ � O GO O V Q LD GOLD GOLD C GOLD GOLDN GOLD GOLD GOLD u J J J ll.I J J QVj L U J J J Q Q Q J Q Q Z D O Q Q Q o li o ow N N n M L11 Ll1 L11 N M O N DO M a n LA DO N O�0 n W ONO W O OO N N N N N N N M M M M M M M F F F F F F F F F A N H VI VI VI H iA VI V LO U V U U U V V N N N N N N N N 7 Q 7 7 7 7 7 7 7 O. 0 iL V d U U U V V V U � O w N N H M LL N E L O ? CITY OF CORPUS CHRISTI Submit Date: Jul 25, 2017 Application for a City Board, Commission, Committee or Corporation Profile Priscila Baldillez Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 41 If yes,how many years? Are you a registered voter? r Yes r No 11100100� Primary Phone Alternate Phone Corpus Christi Independent School District Teacher- Miller High School Employer Job Titl #1 Battlin' Buc Blvd. Work Address-Street Address and Suite Number Priscila Baldillez Corpus Christi Work Address-City Texas Work Address-State 78413 Work Address-Zip Code 361-878-5100 Work Phone priscila.baldillez@ccisd.us Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Active in several organizations on Miller campus such as, sponsor of the National Honor Society, Yearbook Adviser, ESL chairperson, Speech & Debate Coach. I am also active in LULAC #4444, Fraternal Order of Police Auxiliary, Alpha Delta Kappa. Why are you interested in serving on a City board, commission or committee? I feel that it is important to become more involved with the community that I have lived in and loved all my life. I feel that if I expect my students to do their part in our school community that I must lead by example in our city. Priscila Baldillez 2017 Resume.docx Upload a Resume Please upload any addiLonal supporting documents Demographics Ethnicity W Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rV I Agree Priscila Baldillez 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Priscila Baldillez 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? W Education Priscila Baldillez Priscila Villagomez-Baldillez Objective To obtain a position as a board member for the City of Corpus Christi's Commission on Children and Youth. Experience Teacher- Roy Miller High School August 2007-Present Subjects taught- Professional Communications, Debate, Journalism, Yearbook Advisor, ESL English I & II (9-12 grade) Duties and Responsibilities: LPAC committee member for our ESL students, National Honor Society Advisor, Senior Class sponsor-fundraising, planning and hosting Senior Prom, Speech and Debate Coach for UIL, Yearbook Advisor-production of the annual school yearbook, Hall of Honor Chair, Sheltered Instruction trainer Teacher-Incarnate Word Academy- Middle School July 2003-July 2007 Subjects taught: Speech, Related Arts (Grammar, Vocabulary and Literature), Theatre Arts, girls Basketball and Volleyball Coach Duties and Responsibilities: Produced three Theatre productions annually, produced daily live televised school announcements, Student Council sponsor, Academic Contest coordinator including out of town contest, organized workshops, dances and End-of-Year activities Legal Assistant-Dan Alfaro & Associates 1994-2003 Duties and Responsibilities: Maintained client databases, conducted client interviews, organized client contracts and investigative reports, updated attorneys on case status, general office duties Education Texas A&M University- Corpus Christi August 2012 Master of Science- Educational Technology Education Service Center, Region 2 May 2003-July 2004 Texas Teaching Certification Program Texas Teaching Certifications Secondary Speech Communications (Grades 6-12) English Language Arts and Reading (Grades 8-12) English as a Second Language Supplemental (Grades 6-12) Texas A&M University- Corpus Christi December 1998 Bachelor of Arts- Speech Communication Skills Computer: Microsoft Office, Online Design, Online classroom General: Strong communication skills in a classroom setting and business setting, active with different school organizations that participate in a wide variety of volunteer service in our community, able to coordinate and maintain multiple projects, Efficient in Spanish. Professional Organizations and Memberships LULAC#4444 member Fraternal Order of Police Lodge#27 Auxiliary member Alpha Delta Kappa member, recording secretary American Federation of Teachers member References Bridget Lamoureu Ashly Brow Liz Hann 2 CITY OF CORPUS CHRISTI Submit Date: May 01, 2017 Application for a City Board, Commission, Committee or Corporation Profile Belinda Barrera Prefix First Name Middle Initial Last Name Suffix Email Address low Street Address Suite or Apt State Sim City Postal Code What district do you live in? ,W District 5 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 39 If yes,how many years? Are you a registered voter? r Yes r No lmmmml� TM0NWMWM Primary Phone Alternate Phone Port Royal front desk Employer Job Title Work Address-Street Address and Suite Number Belinda Barrera Work Address-City Work Address-State Work Address-Zip Code Work Phone lovebblucky@yahoo.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) college student major communications Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Belinda Barrera Demographics Ethnicity F7 Hispanic Gender rJ Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree Belinda Barrera 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Belinda Barrera 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? ISI Health and Human Services Belinda Barrera CITY OF CORPUS CHRISTI Submit Date: Oct 13, 2017 Application for a City Board, Commission, Committee or Corporation Profile Karen Beard Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 2 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 18 If yes,how many years? Are you a registered voter? r Yes r No 1110000� Primary Phone Alternate Phone Injury Prevention Training Driscoll Children's Hospital Coordinator Employer 4141 S. Staples 4th FI Work Address-Street Address and Suite Number Karen Beard Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 361-694-6702 Work Phone karen.beard@dchstx.org Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted 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) I am a Injury Prevention Training Coordinator, I am a Child Passenger Safety Instructor along with special needs training. I have graduated from both the Citizens Police Academy as well as the Citizens Fire Academy. I served on the Transportation Advisory Council for 6 years and currently serve on the Board of the Coastal Bend Advisory Council. I regularly attend the Governor's EMS and Trauma Advisory Meetings. Why are you interested in serving on a City board, commission or committee? I enjoy being involved in our community. To increase public involvement and commitment to CC being a great city. Karen Beard karen resume 2017 short DCH.docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. F4 I Agree Karen Beard 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ?- Yes r No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? �- Yes r` No Karen Beard Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None 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? V Youth and Family Services Karen Beard Karen Beard Education: University of Oklahoma 1979-1981 Education Oklahoma Community College &Tulsa Junior College 1987-1991 Studied Education and Business Profile NHTSA Child Passenger Safety Instructor for 18 years. Organizational memberships: Coastal Bend Regional Advisory Council, , Child Fatality Review Team, Coastal Bend Youth Alcohol Awareness Committee. I have served on many community boards appointed by City Council including the Health Advisory Board, Head Start and Transportation Advisory Committee, former member of Injury Prevention of Governors EMS and Trauma Advisory Council Certifications: National Highway Traffic Safety Administration Child Passenger Safety Technician August 1999-October 1999 National Highway Traffic Safety Administration Child Passenger Safety Instructor October 1999-present American Heart Association BLS /Healthcare Provider Current to date American Heart Association BLS /Healthcare Provider Instructor 2005-2011 (renewing) Employment: Driscoll Children's Hospital,August 1999-Feb 2011 returned November 2016 to current Injury Prevention Program Injury Prevention Training Coordinator • NHTSA child passenger safety technician in 1999. • NHTSA Child Passenger Safety Technician Instructor in 1999,currently the only Instructor south of San Antonio all the way to the Valley. • Speak at various area conferences. • Wrote numerous grants to fund Injury Prevention Program, average grant amount of$65,000.00 per year. • Presents to community groups on injury prevention topics including child passenger safety and other non- intentional injuries. • Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education. • Speaker at area conferences on child passenger safety and all areas of non-intentional injuries. • Collaborate with local law enforcement and community agencies on child passenger safety. • Represent Injury Prevention Programs at Health Fairs. • Educate hospital staff in Corpus Christi. Dr. Mark Dodson—November 2011-2013 Worked for Dr. Dodson in both his medical office and medical spa. • Give injections, check blood pressure and vitals. • Provide treatments on all equipment. • Medical Esthetician Chemical Peels. • Ultherapy Advanced Training Certified. • Cool Sculpting Certified. • Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening. Ingraham Orthodontics-May 2014-2016 Marketing Coordinator May 2014 • Created and maintain new webpage,including layout and content. • Create and maintain all Social Media sites. • Create in-house on online contests for patient participation. • Visit referring Dentist offices. • In-house computer repair. • Create promotional brochures. Community Participation Served on the Injury Prevention committee of the Governors EMS and Trauma Advisory Council 2008-2010 Graduated from CC Citizens Fire Academy 2015 Graduated from CC Citizens Police Academy 2015 Graduated Civilian Police Academy,Victoria 2014 Traffic Advisory Board, City Council appointed- November 2006 to 2012 and reappointed October 2016. Bicycle Committee Nueces County-2009-2013 re-appointed October 2016 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee-2009 Head Start Health Advisory Board-October 2002 to October 2009 CC Corpus Christi Youth Alcohol Awareness Coalition- June 2000-2010 First Baptist Church US Mission Board Chairman 9/99-to present FBC Recreation Ministries Committee 9/2002 to present Bell Towe NHTSA child passenger safety technician in 1999r Board of Directors (non-profit) 2016 to present CITY OF CORPUS CHRISTI Submit Date: Oct 19, 2017 Application for a City Board, Commission, Committee or Corporation Profile Laura _ N. Garcia Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 26 If yes,how many years? Are you a registered voter? r. Yes r No lmmmml� TM0NWMWM Primary Phone Alternate Phone Nueces County Sheriff Office Captain Employer Job Title 901 leopard Work Address-Street Address and Suite Number Laura N. Garcia Corpus Christi Work Address-City Texas Work Address-State 78401 Work Address-Zip Code 3618872247 Work Phone laura.garcia@nuecesco.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Master Peace Officer. Why are you interested in serving on a City board, commission or committee? Being a peace officer, experience and working for the Sheriff office for the past 30 years. Laura Nora Garcia Resume.docx Upload a Resume Please upload any additional supporting documents Laura N. Garcia Demographics Ethnicity w Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. TJ I Agree Laura N. Garcia 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ?- Yes r No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? �- Yes r` No Laura N. Garcia Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A 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? V Law Enforcement Laura N. Garcia Laura Nora Garcia Experience: Twenty-five (plus) year seasoned supervisor with exceptional communication, organizational and decision-making skills. Captain of Court Processing-responsible for supervising employees in Warrants, Civil Process, Crime Data, and Court Security. My responsibilities include interviewing, hiring and training employees, planning, assigning and directing work, appraising performance, rewarding and disciplining employees, and addressing complaints and resolving problems. Possess the ability to read, analyze and interpret general business periodicals, professional journals, technical procedures, and governmental regulations. I possess the ability to write reports, business correspondence, and procedure manuals. I can effectively present information and respond to questions from groups of managers, clients, customers, and the general public. I have a great working relationship with all Courthouse personnel, and have developed a great rapport with all Courthouse personnel, Judges, Attorneys, and Bail Bonds. I am also bilingual which is helpful in our diverse community when dealing with the public. Possess Mathematical Skills, and have the ability to draw and interpret graphs. I am currently responsible for the processing of cash bonds and cash fines from the Jail. I verify amounts collected, make daily deposits to the bank and reconcile the cash bond and cash fine account. My current position requires me to utilize Reasoning Ability on a daily basis. I must frequently utilize independent judgment and discretion when dealing with a variety of concrete variable and situations. Education/Certifications Master Peace Officer's License CITY OF CORPUS CHRISTI Submit Date: Sep 12, 2017 Application for a City Board, Commission, Committee or Corporation Profile Violeta _ C Guerra Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 5 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 18 If yes,how many years? Are you a registered voter? r Yes r No 1110000� Primary Phone Alternate Phone CCISD Instructional Teacher Advisor Employer Job Title 5241 Kenter Work Address-Street Address and Suite Number Violeta C Guerra Work Address-City Work Address-State Work Address-Zip Code Work Phone violeta.guerra@ccisd.us Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted 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) Why are you interested in serving on a City board, commission or committee? I am interested in having a positive impact on what the community has to offer the youth of our city and in what systems/policies Corpus Christi has in place to keep youth safe. VCG_Resume_7.12.17.docx.pdf Upload a Resume Violeta C Guerra Please upload any additional supporting documents Demographics Ethnicity 9 Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Violeta C Guerra 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ?- Yes r No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? �- Yes r` No Violeta C Guerra Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a 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? V Education Violeta C Guerra Violeta Cristelia Guerra ■ ■ Objective To obtain the position of committee member on the Commision on Children and Youth with the City of Corpus Christi. Education Texas A&M University-Corpus Christi(2008-2010) Master of Science in Educational Administration Education Service Center, Region 2(2006-2007) Educator Preparation and Certification Program,Cycle 17 Texas A&M University-Corpus Christi(1999-2003) Bachelor of Arts in Political Science; Minor in Communications Certificates Texas Principal Texas Teacher and Evaluation Support System (T-TESS) Professional Development and Appraisal System (PDAS) Instructional Leadership Development (ILD) Texas Standard Special Education EC-12 Texas Standard Generalist EC-4 Employment History Title 1 Instructional Teacher Advisor Corpus Christi Independent School District-Browne Middle School • Coordinate various staff and campus events/activities. • Accept related assignments as requested by principals. 1 • Plan, develop, and conduct the training program for campus staff on learning objectives, instructional strategies, and assessment techniques. • Plan and coordinate with all campus instructional staff(teachers, librarians, etc.)to assist in planning and selecting educational materials and resources to meet student learning needs. • Keep current with research and state of the art technology including equipment and software that can support and enhance the instructional program and the computer technology being used. • Maintain a display area to promote innovative instructional strategies and materials. • Serve as a resource person to campus staff and assists in the selection of instructional equipment, software, and materials to support the campus educational goals. • Assist with diagnosing and working with students to ensure that the students' instructional needs are being met. • Participate in training and staff development needed to perform assigned duties. • Promote positive relations by providing information to campus personnel, parents, and the community regarding the Title I Schoolwide Project. • Maintain accurate and complete records for the Title I Program for the training sessions held (including dates,time, attendance, and topics covered), student eligibility records and other records as required for the Title I Program. • Maintain a professional relationship with all colleagues, students, parents, and community members. • Assist with Title I district-wide staff development programs. • Cooperate with other members of the staff in planning and implementing instructional goals, objectives, and methods. • Part-time assistant principal (August 2013-May 2015) Elementary Generalist Teacher(8/2008-11/2011) Corpus Christi Independent School District-Travis Elementary School Special Education Resource Teacher(8/2006-5/2008) Corpus Christi Independent School District-Travis Elementary School Special Education Paraprofessional 1(8/2005—5/06) Flour Bluff Independent School District Substitute Teacher(5/2004-2/2005) Flour Bluff Independent School District 2 Communications Specialist Intern(9/2000-12/2003) Texas A&M University-Corpus Christi Skills Proficient in Windows 8 and 10; Microsoft 2013 Word, PowerPoint, Excel, Outlook; Internet skills; 60+wpm Basic understanding of school administrative operations. Strong organizational, communication, and interpersonal skills. Associations A&M-Corpus Christi Islander Alumni ATPE-Corpus Christi Other C.C.I.S.D. District PDM 3rd Grade Representative (2010-11) C.C.I.S.D. Moody High School Vertical Learning Community Design Team (2010-2011) C.C.I.S.D. Disciplinary Alternative Education Program Design Team member(2010-2011) Visually Speaking: Supporting Students with Autism through Structured Teaching (2005) ECI Infant Development Program 'Teaching Language Skills to Children with Autism" presented by Mark Sundberg, Ph.D., BCBA(2005) Inclusion Physical Education (2005) 3 CITY OF CORPUS CHRISTI Submit Date: Jul 19, 2017 Application for a City Board, Commission, Committee or Corporation Profile Christi Ortiz Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 5 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 16 If yes,how many years? Are you a registered voter? r Yes r No 11100100� Primary Phone Alternate Phone Texas A&M University Corpus Christi Registered Nurse Employer Job Titl-. 6300 Ocean Unit 5715 Work Address-Street Address and Suite Number Christi Ortiz Corpus Christi Work Address-City Texas Work Address-State 78412 Work Address-Zip Code 361-825-3701 Work Phone christi.ortiz@tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board. Education, Professional and/or Community Activity (Present) Currently pursuing Master's of Nursing Science Degree- Family Nurse Practitioner. Have obtained Associate's degree in Nursing from Del Mar College 2006, Bachelor's degree in Psychology from Texas A&M Corpus Christi 2003, and Associate's degree in Biology from Cisco college 2001. Currently a parent volunteer for Girl Scouts of Greater South Texas Troop 96037. Christi Ortiz Why are you interested in serving on a City board, commission or committee? Corpus Christi is a wonderful place to live. As a mother of two young children, I would be honored to act as a source of information and referrals concerning the children and youth of our community. The City of Corpus Christi has many good programs for children. I would like to the opportunity to help support and shape those programs, as well as assisting to pioneer new programs in the future. I believe that the children are our future, and that our community as a whole has a responsibility to help guide them in the right direction. Christi resume.docx Upload a Resume Please upload any additional supporting documents Demographics Ifs fJ Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree Christi Ortiz City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W 1 Agree Christi Ortiz 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? W Health and Human Services 9 Youth and Family Services Christi Ortiz Christi Ortiz Education Texas A&M University-Corpus Christi Currently pursuing MSN degree Fall of 2016 to present Del Mar College Associate Degree Nursing Graduated December 2006 Texas A&M University-Corpus Christi Bachelor of Arts Degree-Psychology Graduated August 2003 Cisco Junior College Associate Degree-Biology Graduated May 2001 Also attended Angelo State University Fall 2000 to Summer 2001 Professional Licensures and Certifications Registered Nurse, licensed through Texas Board of Nursing License valid through March 2019 Basic Life Support Certification valid through March 2019 Vision screener in the State of Texas Certification valid through December 2020 Registered to use audiometric equipment in the State of Texas Certification valid through December 2020 Experience August 2014 to Present Staff RN I Texas A&M University-Corpus Christi I University Health Center Registered nurse serving a diverse student population of over 11,000 students with the goal of keeping them well so they may attend classes and complete their education. Responsible for assessment, triage,treatment by protocol, venipuncture, and immunizations. Provide health education through outreach events on the University campus. Responsible for promotion and distribution for online college health magazine Student Health 101. October 2007 to August 2014 Registered Nurse I Christus Spohn Shoreline I Endoscopy Unit Administered moderate sedation and monitored patients during endoscopic procedures. Assisted physicians with biopsies, polypectomies, and hemostasis. Chairperson for the Unit Based Council. December 2006 to October 2007 Registered Nurse Christus Spohn South Surgical Telemetry Unit Utilized strong assessment skills to determine necessary patient care. Actively involved in Unit Based Council. Utilized the nursing process to care for post-surgical patients. Awards & Acknowledgements Awarded Dorothy Yeater Scholarship from TAM UCC Professional membership Member of American College Health Association CITY OF CORPUS CHRISTI Submit Date: Sep 15, 2017 Application for a City Board, Commission, Committee or Corporation Profile Amanda Oster Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? ,W District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 2 If yes,how many years? Are you a registered voter? r Yes r No 11100MONOW Primary Phone Alternate Phone Assistant District Attorney, Child Nueces County District Attorney Protection Unit Employer 901 Leopard St, Room 206 Work Address-Street Address and Suite Number Amanda Oster Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code 361-888-0316 Work Phone amanda.oster@nuecesco.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Coastal Bend Border Region Human Trafficking Task Force Why are you interested in serving on a City board, commission or committee? To help better the community for my children, and the other children in Corpus Christi Legal Resume.pdf Upload a Resume Please upload any additional supporting documents Amanda Oster Demographics Ethnicity w Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. TJ I Agree Amanda Oster 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Amanda Oster Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yescz No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Nueces County District Attorney's Office Amanda Oster Amanda Lynne Oster LICENSE Texas Law License, Number 24079092, 2011 EXPERIENCE Nueces County District Attorney Assistant District Attorney Child Protection Unit: February 2017- Present ♦ Prosecuted crimes where the victims were children, including Aggravated Sexual Assault of a Child, Criminally Negligent Homicide, and Continuous Sexual Assault of a Child • Prepared and coordinated police officers, investigators, analysts, expert witnesses and lay witnesses for trial ♦ Prepared children witnesses to testify ♦ Reviewed criminal complaints and accepted or rejected charges ♦ Collected documentation from police, hospitals, emergency personnel, and lay witnesses to file charges ♦ Presented cases to Grand Jury ♦ Drafted indictments ♦ Participated in weekly multidisciplinary team meetings ♦ Conferred with and advised law enforcement during criminal investigations Nueces County District Attorney Assistant District Attorney Misdemeanor Prosecutor: May 2015- June 2016 Felony Prosecutor: June 2016- February 2017 ♦ Prosecuted over 20 jury trials as first or second chair ♦ Prosecuted contested hearings, including motions to suppress evidence, motions for speedy trial, and motions for discovery ♦ Prepared and coordinated police officers, investigators, analysts, expert witnesses and lay witnesses for trial ♦ Conducted legal research and drafted briefs for contested hearings ♦ Negotiated with attorneys to resolve cases ♦ Reviewed criminal complaints and accepted or rejected charges ♦ Collected documentation from police, hospitals, emergency personnel, and lay witnesses to file charges ♦ Presented cases to Grand Jury ♦ Drafted indictments ♦ Mentored less experiences prosecutors Amanda Oster, Attorney at Law Solo Practitioner February 2012 -May 2015 ♦ Negotiated Felony and Misdemeanor Criminal Pleas ♦ Performed Legal Research • Prepared for and Conducted Family Law Pretrial Hearings and Trials ♦ Prepared and Answered Discovery ♦ Participated in Negotiations and Mediations ♦ Advised Clients on Probate and Family Law Issues *Appointed as Ad Litem in Probate and Mental Health Proceedings ♦ Drafted and Filed Legal Documents ♦ Prepared Contracts and Deeds Brown Mackie College Adjunct Professor August 2011 -December 2011 ♦ Prepared Daily Lectures and Activities ♦ Established Student Performance Criteria and Evaluations ♦ Engaged Students in the Learning Process ♦ Submitted Grades and Other Reports ♦ Participated in Workshops and Meetings St. Mary's Law School Criminal Justice Clinic Student Attorney August 2010 -January 2011 ♦ Researched and Compiled Applicable Laws and Cases for Contested Recusal Hearing ♦ Investigated Information, and Complied Case Law for Writ of Habeas Corpus Hearing ♦ Prepared for Misdemeanor Assault trial ♦ Wrote appropriate Motions and Memorandums ♦ Filed associated court documents United States Attorney's Office- Western District of Texas Intern May- June 2009 ♦ Wrote Appellate Briefs for the Fifth Circuit Court of Appeals ♦ Examined and Assembled Information for Appellate Briefs ♦ Read and Summarized Court Transcripts ♦ Researched and Compiled Information for Continued Legal Education Course HealthTronics, Incorporated Legal Assistant December 2006 -October 2007 ♦ Proofread legal records and forms for a medical company ♦ Prepared paperwork to Incorporate Businesses in several States ♦ Checked, analyzed, and prepared Confidential Material ♦ Entered information into various computer databases • Organized and filed contracts and other legal material United States Probation Office Intern August -December 2006 ♦ Performed Criminal and Civil Background Checks ♦ Compiled Research used in Pre -Sentencing Reports ♦ Completed Reports sent to other District Probation Offices ♦ Observed court proceedings, defendants' interviews, probationers' office ♦ Assisted in home visits Travis County Sheriff Department Crime Lab Intern August -December 2003 ♦ Fingerprinted Individuals ♦ Learned different forms of Fingerprinting Evidence • Assisted in Collecting Evidence from Crime Scenes ♦ Reconstructed Documents found at Crime Scenes ♦ Assisted in Criminal Investigations ♦ Assisted in identifying possible DNA on evidence for lab testing ♦ Participated in Undercover Alcohol Stings EDUCATION St. Mary's School of Law, San Antonio, Texas Juris Doctorate, 2011 St. Edward's University, Austin, Texas Bachelor of Arts, Psychology, Criminal Justice Minor, May 2007 SPECIALIZED TRAININGS ♦ 29th Annual Crimes Against Children Conference, 20 hours ♦ Full Court Press in Domestic Violence Cases: Building capacity for Expert Witness in Domestic Violence, Sexual Assault and Stalking, 16.5 hours ♦ Child Abuse Summit presented by Driscoll Children's Hospital, 22.5 hours ♦ DNA in Sexual Assault Cases: The Role of Law Enforcement, SAFE/SANE Nurses, and Victim Advocates presented by the Office for Victims of Crimes, 11 hours ORGANIZATIONS AND MEMBERSHIPS ♦ Coastal Bend Border Region Human Trafficking Task Force ♦ Texas District & County Attorneys Association ♦ State Bar of Texas ♦ St. Mary's University Innocence Project Organizer 2010-2011 ♦ Phi Alpha Delta Law Fraternity CITY OF CORPUS CHRISTI Submit Date: Jun 21, 2017 Application for a City Board, Commission, Committee or Corporation Profile Sherry Prefix First Name Email Address L Middle Initial Peterson Last Name Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 53 If yes, how many years? Are you a registered voter? Yes c No 11111111111 Primary Phone Alternate Phone United Way of the Coastal Bend Success By 6 Director Employer Job Tit! 4659 Everhart Work Address - Street Address and Suite Number Sherry L Peterson Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code 3618822529 Work Phone sherry.peterson@uwcb.org Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) EDUCATION A.A.S. Early Childhood Specialist; B.S., Occupation Training and Development; M.S., Early Childhood Education, specialization Special Education COMMUNITY ACTIVITY I am the Success By 6 Director for the United Way of the Coastal Bend. I serve as the lead staff/ facilitator for the Success By 6 Early Childhood Coalition. The Coalition exists to help ensure children in the Coastal Bend area are physically, intellectually and emotionally prepared to succeed in kindergarten. Because the most important learning happens before school starts, families are the first and most important teacher. We are a Coalition of nonprofits, governmental agencies, businesses and individuals working together to empower families with the resources, information and guidance they need to put their children on an early path toward life-long success. Our end goal is happier, healthier and more successful children and families, and a stronger, more prosperous community. Sherry L Peterson Why are you interested in serving on a City board, commission or committee? I would like to participate on the Commission sharing my expertise and knowledge to assist in respectful problem solving and decision making that impact children, families and communities. Sherry Resume 2017.pdf Upload a Resume Please upload any additional supporting documents Demographics fJ African American Gender 1"J Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 14 I Agree Sherry L Peterson City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 11 I Agree Consent for Release of information 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Sherry L Peterson 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? * 14 Education Sherry L Peterson Sherry L. Peterson EDUCATION Del Mar College, Corpus Christi, TX A.A.S. Early Childhood Specialist Texas A&M Corpus Christi, TX B.S., Occupation Training and Development M.S., Early Childhood Education, specialization Special Education SUMMARY OF QUALIFICATIONS ➢ Ability to lead the professional growth of others. ➢ Motivational training and communication skills. ➢ Ability to build positive partnerships for collaborative efforts. ➢ Knowledgeable about laws and resources available to children and adults with disabilities. ➢ Ability to observe and use various data for critical analysis and problem solving. ➢ Competent writing skills for documentation, reporting, presentations ➢ Proficient with Microsoft Outlook, Word, Excel, Power Point and Publisher. PROFESSIONAL EXPERIENCE United Way of the Coastal Bend 2014 - Present Success By 6 Director Responsible for coordination of Texas Home Visiting grant partners and their respective projects and implementation of the Early Development Instrument (EDI) and Transforming Early Childhood Community Systems (TECCS) project components. Serve as the coordinator for Texas Home Visiting grant partners ensuring that projects are meeting pre- determined goals and timelines. Facilitate evaluation and assessment of project. Serve as lead staff to the Early Childhood Coalition maintaining a membership consisting of agencies, organizations, governmental entities and other interested community parties. Develop and update written community strategic plan in response to local community data in conjunction with the early childhood coalition. Preparation of reports including, but not limited to, THV required reports and UWCB project reports Del Mar College, Early Childhood Program Texas A&M Corpus Christi, Early Education Program Adjunct Instructor — ongoing as needed Courses taught: Families, Communities and School Relations; Children with Special Needs; Child Guidance; Creative Activities; Developmentally Appropriate Practices; Child Development Associates (CDA) The Rise School of Corpus Christi 2007- 2013 Executive Director Administration and management of an inclusive preschool program for children with disabilities and developmental delays. Program assessment and strategic planning for effective programming and curriculum development. Assisting parents with accessing community resources, empowering information and advocacy. Assisted parents with transition activities and ARD meetings. Establish and maintain positive community and business partnerships. Personnel supervision and management including HR responsibilities. Planned, facilitated, and conducted staff development and training. Developing and maintaining contracts with program therapists for effective programing. Fiscal budgeting, accounting, and payroll activities. Grant writing and fundraising activities. Sherry L. Peterson Education Service Center, Region 2 Corpus Christi, TX 2005-2007 Early Childhood Consultant Conducted program assessments and follow ups for meeting quality curriculum standards for the Texas Rising Star. Wrote summary reports and strategies for improvement. Provided training and technical assistance to community child care providers including support for inclusion of children with disabilities. Conducted community needs assessment for child care for the region. NCCAA Head Start/Early Head Start Program Corpus Christi, TX 2001-2005 Family and Community Partnership Coordinator Supervision and monitoring of recruitment, selection, enrollment and attendance of children. Conducted staff performance evaluations and actions plans for professional growth. Monitored compliance with Head Start Performance Standards. Served as a member of Special Quest team to improve service provision for children with disabilities. Conducted periodic staff training. Assisted in the revision and/or development of program plans for implementation of Head Start Performance Standards. Nueces County, MHMR, MR Services (adults) Nueces County, MHMR, ECI Infant Development Program 1998-2001 Service Coordinator / Early Intervention Specialist Developed Individualized Personal Plans and provided service coordination for adults with disabilities. Assisted clients with self -advocacy and ensured that they were protected from abuse and exploitation. Developed Individualized Family Service Plans (IFSP) as a part of an interdisciplinary team. Implemented therapeutic activities with children and families as per IFSP Linked families to community resources to support their needs of their family and child. Supported families toward self -advocacy providing information and guidance on their legal rights. Assisted families with transitional activities in preparation for special education service through the school district. ADDITIONAL PROFESSIONAL ACTIVITIES Provided training and consultation for over 15 years including but not limited to: Consultation to assist with NAEYC accreditation Contract training with Child Care Management Systems / Texas Workforce Solutions CDA Trainer and Advisor Training for Bay AEYC, Texas AEYC, and Texas and National Head Start Conference Served on the Mental and Disabilities Advisory Committee for Nueces County Head Start Healthy Child Care Consultant Certification Over 10 years of experience teaching children in preschool settings- 1982-1994 CITY OF CORPUS CHRISTI Submit Date: Oct 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Ericka Prefix First Name Email Address M Middle Initial Ramirez Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? Yes r No 11 If yes, how many years? Are you a registered voter? Yes No Primary Phone Flour Bluff ISD Employer 2505 Waldron Rd. Work Address - Street Address and Suite Number Ericka M Ramirez Alternate Phone Special Ed. Paraprofessional Job Title Corpus Christi Work Address - City TX Work Address - State 78418 Work Address - Zip Code Work Phone eramirez@flourbluffschools.net Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted 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) Website was unable to upload resume Why are you interested in serving on a City board, commission or committee? I am a firm advocate for the Bay Area's youth concerning accessible resources. I strongly believe preparing our children for the future benefits the entire community. I also aspire to be an outlet of information in reference to local issues and solutions. Upload a Resume Ericka M Ramirez Please upload any additional supporting documents Demographics Ethnicity i Hispanic Gender 17 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. iw I Agree Ericka M Ramirez 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Ericka M Ramirez Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Education Ericka M Ramirez CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert Prefix First Name Email Address C Soape Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? Yes r No 8 If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone n/a Employer n/a Work Address - Street Address and Suite Number Robert C Soape n/a Job Title n/a Work Address - City n/a Work Address - State n/a Work Address - Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Robert C Soape Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Please upload any additional supporting documents Demographics IW Other Gender 1"J Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 14 I Agree Robert C Soape City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. TJ 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. • I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Robert C Soape 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 r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? rYes `No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes r No Robert C Soape 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? * None Selected 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? * None Selected 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? * None Selected Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes No 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? * None Selected Robert C Soape City Of Corpus Christi MAYOR'S FITNESS COUNCIL BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Mayor's Fitness Council advises the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic diseases such as diabetes, cardio pulmonary disease, and cancer. DETAILS COMPOSITION The committee shall consist of nine (9) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: (1) - Health Care/Medical Professionals, (1) - Worksite Wellness, (1) - Disability Networks, (1) - Senior Initiatives, (1) - Youth Initiatives, (1) - Community Outreach and (3) - At -Large members. Staggered terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professionals, Senior Initiatives, Youth Initiatives, Community Outreach and one (1) At -Large member. Four terms shall end in odd numbered years: Worksite Wellness, Disability Networks, and two (2) At -Large members. Thereafter, all terms shall be two (2) years. Ex -officio members will include Director of Parks and Recreation and the Director of the City County Public Health District. CREATION / AUTHORITY Ordinance No. 028525, 3/23/10; Ord. 028598, 5/11/10; Ord. 029780, 3/26/13. MEETS Second Thursday of every month, 12:00 p.m., City Hall, Staff Conference Room. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION MAYORD'S FITNESS COUNCIL Page 1 of 1 Name Board Name Status District Term End Date Cate or Attendance Victor Betancourt Kimberly Cook Misty Kesterson Rodney Brown MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL Seeking reappointment Seeking reappointment Seeking reappointment Exceeded number of absences allowed by Ordinance District 1 1 05/11/17 District 5 2 05/11/17 District 4 1 05/11/17 District 1 1 05/11/17 At -Large Disability Networks Worksite Wellness At -Large 56% 5/9 meetings (4 exc.) 89% 8/9 meetings (1 exc.) 78% 7/9 meetings (2 exc.) Mayor's Fitness Council Members October 31, 2017 Four (4) vacancies with terms to 5/11/19 representing the following categories: 2 - At -Large, 1- Disability Networks and 1- Worksite Wellness. (Note: Appointed by the Mayor with approval of the Council.) Jacqueline Hamilton MAYOR'S FITNESS COUNCIL Active District 4 1 05/11/18 Senior Initiatives Ana Paez Tiffany A. Montemayor Richard Torres MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL Active Active Active District 1 District 2 District 5 2 05/11/18 1 05/11/18 1 05/11/18 Health/Medical Profession Community Outreach Youth Initiatives Stephen C. McMains MAYOR'S FITNESS COUNCIL Active District 2 1 05/11/18 At -Large 1 Mayor's Fitness Council Applicants October 31, 2017 Rhonda Carlisle -Castillo MAYOR'S FITNESS COUNCIL District 3 YWCA Corpus Christi Micah DeBenedetto* MAYOR'S FITNESS COUNCIL District 4 MD Photography Work Address 4601 Corona 2821 Quebec Corpus Christi TX Corpus Christi TX Work Phone At -Large and Senior 361-857-5661 Initiatives 361-537-2613 At -Large Lauren Dillon MAYOR'S FITNESS COUNCIL District 3 Calalien Independent School District 4001 Wildcat Dr. Corpus Christi TX At -Large and 512-629-1042 Worksite Wellness Dennis Durkee MAYOR'S FITNESS COUNCIL District 1 At -Large Brittany Garza MAYOR'S FITNESS COUNCIL District 3 Wingstop 6313 Wooldridge Rd., Suite 1 Corpus Christi TX 361-906-9464 At -Large ■ Rene R. Gutierrez MAYOR'S FITNESS COUNCIL District 3 Nueces County 2310 Gollihar Rd. Corpus Christi TX 361-561-5087 At -Large Jason B Houlihan MAYOR'S FITNESS COUNCIL District 4 Del Mar College 101 Baldwin Blvd. Corpus Christi TX 361-698-1123 At -Large 1 Brett E Howsley MAYOR'S FITNESS COUNCIL District 2 Corpus Christi Hooks 734 E. Port Avenue Corpus Christi TX 361-561-4719 At -Large James S Kruse MAYOR'S FITNESS COUNCIL District 5 Texas A&M University -Corpus Christi 6300 Ocean Dr., O'Connor Bldg #365 Corpus Christi TX 361-825-3606 At -Large Armando Mendez* MAYOR'S FITNESS COUNCIL District 5 Magnum Oil Tools International 5655 Bear Lane Corpus Christi TX 361-299-6333 At -Large David Nuss MAYOR'S FITNESS COUNCIL District 2 Peterson Development Company 5830 McArdle Road Corpus Christi TX 361-991-4950 At -Large Madeline Renz MAYOR'S FITNESS COUNCIL District 4 Texas Department of State Health Services 5155 Flynn Parkway At -Large and Corpus Christi TX 361-878-3448 Worksite Wellness Jennifer N. Rock MAYOR'S FITNESS COUNCIL District 5 Self -Employed 7414 Trail Creek TX 361-739-8309 At -Large 1 Aliso Tippit MAYOR'S FITNESS COUNCIL District 4 At -Large and Senior Initiatives *Currently serves as a City appointee on another board, commission, committee or corporation, but will resign if appointed. CITY OF CORPUS CHRISTI Submit Date: Oct 06, 2016 Application for a City Board, Commission, Committee or Corporation Profile Rhonda Prefix First Name Email Address Carlisle -Castillo Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 3 (Note: If you do not know your district click here) Current resident of the city? Yes r No 1 If yes, how many years? 1.011101111. wimingus Primary Phone Alternate Phone Therapeutic Recreation YWCA Corpus Christi Coordinator Employer Job Title 4601 Corona Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Rhonda Carlisle -Castillo 78413 Work Address - Zip Code 361-857-5661 Work Phone fitdirywcacc@ywcacc.org Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board. Education, Professional and/or Community Activity (Present) Bachelors Degree - Wayland Baptist University in Business Administration June 2008 Work at the YWCA CC and am a part of the community outreach they do. Why are you interested in serving on a City board, commission or committee? Carlisle -Castillo Octl4.docx Upload a Resume Please upload any additional supporting documents Demographics Rhonda Carlisle -Castillo Ethnicity I Caucasian/Non-Hispanic Gender iw Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Rhonda Carlisle -Castillo 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Rhonda Carlisle -Castillo Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Senior Initiatives IJ Youth Initiatives IJ Community Outreach Rhonda Carlisle -Castillo RHONDA L. CARLISLE-CASTILLO ■ SUMMARY: • Nine months in Administrative Management • Over fifteen years of customer service and administrative assistance experience • Eight years of program administration and coordination of resources experience • Bachelor of Science in Occupational Education and Business Administration • Associate of Applied Science in Business Administration • DOD Secret Clearance—expires 2022 ■ Licensed Zumba Instructor APPLICABLE SKILLS: Financial Analysis: • Retrieve, analyze, and research discrepancies in financial information • Assist government credit card holders with quotes and purchases ■ Utilize project management fundamentals to ensure projects stay on schedule and within budget and scope • Prepared and reconciled clients bookkeeping records Business Administration: • Create employee schedules • Create fitness schedule • Create PowerPoint presentations • Provide administrative organizational support • Create and edit correspondence based on procedures • Responsible for travel arrangements, vouchers, and reimbursements • Contract management and oversight • Assisted senior personnel in program planning and implementation ■ Responsible for human resource functions ■ Provide inventory control Database Architecture, Analysis, and Administration: • Use database to update member information and take point of sale payments • Use created database to track inventory ■ Updated multiple databases with agreement information Technical Writing and Records Management: • Proofread, edit and re -write technical reports for management approval • Follow all policies and procedures to increase efficiency and effectiveness • Update standard operating procedures, administrative guides, and desktop procedures • Departmental records manager, responsible for records inventory disposition schedule • Responsible for public relations and public communications • Responsible for electronic and hard copy filing and record keeping, as the inter -division liaison for reports and statistics Customer Service: • Used conflict resolution to resolve complaints and diffuse customer issues • Dealt with member complaints on a daily basis • Initiated and supported critical professional relationships RHONDA L. CARLISLE-CASTILLO ■ ■ • Provide up to date and informative correspondence to requestors • Provide assistance and customer service to internal and external personnel ■ Maintained employee safety documentation, training and applicable forms Supervisor Experience Supervise, train, and schedule 30 non-exempt employees (Fitness Technicians, Lifeguards and Instructors) Additional Accomplishments: ■ Expert in Microsoft Suite ■ Maintained cost account code spreadsheet to ensure project budgets ■ Responsible for the location and accountability of equipment ■ Responsible for initial and replenishment of equipment and supplies for both the office and laboratories • Skilled in attention to detail, time management, quality control, managing special tasking's and multi -tasking SOFTWARE: Word Processing Software: • Microsoft Word • Google Docs Financial and HR: • ABSS • iSMART • JOCAS • MOCAS 10 YEAR WORK HISTORY: November 2015 – Present September 2015 -November 2015 August2015 – Present April 2015 – July 2015 January 2011– June 2015 November 2012—March 2015 September 2006—October 2012 August 2002—September 2006 EDUCATION/TRAINING: B.S. Occupational Education and Business Administration A.A.S Business Administration and Small Business Management Zumba Basic I Zumba Gold Presentation Software: • Microsoft PowerPoint Collaborative Project Management Tools: • Microsoft Outlook • Microsoft SharePoint • eClub Logic Spreadsheet Software: • Microsoft Excel Database Software: • Microsoft Access Therapeutic Recreation Coordinator Fitness Technician Zumba Instructor Administrative Specialist YWCA Corpus Christi YWCA Corpus Christi YWCA Corpus Christi New Mexico Institute of Mining and Technology, Air Force Research Lab, NM Zumba Instructor YMCA of Central New Mexico, Albuquerque, NM Administrative Assistant Chenega Aerospace, Air Force Research Lab, NM Management Support CC&G, Co., Air Force Research Lab, NM Office Management Support Chickasaw Nation Industries, Air Force Research Lab, NM Wayland Baptist University Albuquerque TVI June 2008 April 2001 November 2010 April 2010 GPA: 3.513 GPA: 3.45 CITY OF CORPUS CHRISTI Submit Date: Apr 13, 2017 Application for a City Board, Commission, Committee or Corporation Profile Micah Prefix First Name Email Address DeBenedetto Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 33 If yes, how many years? 1.011101111.1 minnimmi Primary Phone Alternate Phone MD Photo rg aphy Employer 2821 Quebec Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Micah DeBenedetto Owner Job Title 78414 Work Address - Zip Code 3615372613 Work Phone micandeb@utexas.edu Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: Submitted MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Clean City Advisory Committee Education, Professional and/or Community Activity (Present) BS Chemistry from UT Austin - 2005 Why are you interested in serving on a City board, commission or committee? ResumeCondensed091416-02.pdf Upload a Resume Please upload any additional supporting documents Demographics Micah DeBenedetto Ethnicity IW Prefer not to Answer Gender IW Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IW I Agree Micah DeBenedetto 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Micah DeBenedetto Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * pr None of the above Micah DeBenedetto Micah DeBenedetto EXPERIENCE MD Photography, Corpus Christi, Tx — Owner & Founder 2008 - PRESENT Focus on photography and videography for wedding and special event, private and commercial clients, including magazine profiles and advertisements. Create custom wedding album designs, produce in-house commercial advertisements and marketing strategies, including print and video productions. Corpus Christi Caller Times, Corpus Christi, Tx — Freelance Photographer 2010 - PRESEN, Provide photojournalistic coverage including fashion features, social events, and sports. Corpus Christi ISD, Corpus Christi, Tx — Teacher 2015 - 2016 Instruct through lectures, discussions, and demonstrations in one or more science subjects such as Chemistry, Integrated Physics and Chemistry, and Aquatic Science. Establish clear objectives for all lessons, units, and projects, and communicate those objectives to students. Photoprotective Technologies, San Antonio, Tx — Director of Operations 2006 - 2008 Oversee daily, short-term, and long-term production of Aqueous and Organic Melanin for use in cosmetic, sun glass, and plastic industries including purchasing laboratory chemicals and supplies and disposal of hazardous chemicals and waste, oversight by TCEQand FDA. Supervision of up to 3 employees. EDUCATION University of Texas, Austin, Tx — BS Chemistry 2002 - 2005 Del Mar College, Corpus Christi, Tx — N/A 2000 - 2002 SKILLS Chemist. Photographer. Videography. Marketing. Social Media. Teacher. Volunteer. AWARDS Del Mar College Hall of Fame 2002 CRC Press Freshman Chemist of the Year 2002 LANGUAGES English, Italian- Beginner, Spanish - Beginner CITY OF CORPUS CHRISTI Submit Date: May 12, 2017 Application for a City Board, Commission, Committee or Corporation Profile Lauren Prefix First Name Email Address Dillon Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes r No 3 years If yes, how many years? 1.011101111.1 mignimmi Primary Phone Alternate Phone Calalien ISD Athletic Trainer Employer Job Title 4001 Wildcat Dr Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Lauren Dillon 78410 Work Address - Zip Code 5126291042 Work Phone Idillon@calallen.org Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I graduated with a Bachelors Degree in Athletic Training from Texas Lutheran University. I am also a state licensed and nationally certified Athletic Trainer. I am currently the Athletic Trainer at Calalien High School and Middle School. I work directly with students from 7th -12th grade with athletic healthcare, wellness and community outreach. Why are you interested in serving on a City board, commission or committee? I want to continue to help my community become healthier and lead better lives. Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Lauren Dillon Ethnicity IW Caucasian/Non-Hispanic Gender iw Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IW I Agree Lauren Dillon 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Lauren Dillon Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Health Care / Medical Professionals rJ Worksite Wellness rJ Youth Initiatives rJ Community Outreach Lauren Dillon Lauren L. Dillon ATC, LAT Certified and licensed athletic trainer with experience in both urban and rural public schools. Experience with high school and middle school athletics. Experience teaching High School Physical Education and Sports Medicine. Highlights: ✓ BOC Certified Athletic Trainer #2000008594 ✓ Texas Licensed Athletic Trainer #AT5026 ✓ American Heart Association CPR/First Aid/AED Certified ✓ American Heart Association Instructor Certified ✓ Sports Medicine instructor certification ✓ National Athletic Trainers Association, member ✓ Southwest Athletic Trainers Association, member ✓ Texas State Athletic Trainers Association, member Experience: Co -Athletic Trainer Ca!alien ISD -Corpus Christi, TX Head Athletic Trainer Luling ISD -Luling, TX Interim Athletic Trainer Alamo Heights ISD -San Antonio, TX Contract Athletic Trainer Texas Lutheran University Recreation Supervisor Hyatt Regency Lost Pines -Austin, TX Education: Bachelor of Science, Athletic Training Texas Lutheran University March 2014 -Present September 2012 -March 2014 June 2012 -September 2012 May 2011 -September 2012 May 2010 -June 2012 2007-2011 CITY OF CORPUS CHRISTI Submit Date: Feb 09, 2017 Application for a City Board, Commission, Committee or Corporation Profile Dennis Prefix First Name Email Address Durkee Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes r No 2 If yes, how many years? 1.011101111.1 minnimmi Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Dennis Durkee Work Address - Zip Code Work Phone dennisdurkee@hotmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? LANDMARK COMMISSION: Submitted MAYOR'S FITNESS COUNCIL: Submitted 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 Why are you interested in serving on a City board, commission or committee? Dennis Durkee.pdf Upload a Resume Please upload any additional supporting documents Demographics Dennis Durkee Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Dennis Durkee 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Dennis Durkee 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? * TJ None of the above Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * iw None of the above Dennis Durkee 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, 011 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). CITY OF CORPUS CHRISTI Submit Date: Sep 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Brittany Prefix First Name Email Address Garza Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 3 (Note: If you do not know your district click here) Current resident of the city? Yes r No 7 years If yes, how many years? Are you a registered voter? Yes c No Primary Phone Wingstop Employer 6313 Wooldridge Rd. Suite 1 Work Address - Street Address and Suite Number Brittany Garza Alternate Phone General Manager Job Title Corpus Christi Work Address - City Texas Work Address - State 78413 Work Address - Zip Code 3619069464 Work Phone Brtnygrza33@gmail.com Work E-mail address Preferred Mailing Address fJ Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Brittany Garza Why are you interested in serving on a City board, commission or committee? I am interested because I would love to have the opportunity to help be a leader with health and wellbeing in the Corpus Christi community. I live a very healthy lifestyle and truly believe in a holistic and all natural way of living. I want to help the community be more aware of processed foods and gmo's to help the next generation become healthier and more active. I also care about all age groups when it comes to health and fitness. I believe there is a huge demographic we can reach in our area and make the community more aware of what we put in our bodies. I have personally been through an extensive amount of fitness diversity in my own fitness journey, to where I feel completely comfortable and knowledgeable to help individuals in any way possible. I would love to have any opportunity to give back to the community. I am not a registered voter but can gladly fix that. Thank you for your time in reviewing my application. Upload a Resume Please upload any additional supporting documents Demographics 1W Other Gender 1`J Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. l`J I Agree Brittany Garza City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its; next meeting after the absence. I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Brittany Garza Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Brittany Garza CITY OF CORPUS CHRISTI Submit Date: Mar 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Rene Prefix First Name Email Address R Middle Initial Gutierrez Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 3 (Note: If you do not know your district click here) Current resident of the city? Yes r No 40 years If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone Nueces County Juvenile Probation Officer Employer Job Title 2310 Gollihar Rd. Work Address - Street Address and Suite Number Rene R Gutierrez Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code (361) 561-5087 Work Phone Rene.Gomutierrez@nuecesco.c Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Master of Public Administration, TAMUCC, 1999 Bachelor of Science, TAMUCC, 1997 Associate of Arts, Del Mar College, 1995 Most Precious Blood, Catechesis of the Good Shepherd Teacher, every Wednesday from 6:00 - 7:15 p.m. Why are you interested in serving on a City board, commission or committee? Upload a Resume Rene R Gutierrez Please upload any additional supporting documents Demographics Ethnicity i Hispanic Gender 17 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 1%, I Agree Rene R Gutierrez 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Rene R Gutierrez Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Rene R Gutierrez CITY OF CORPUS CHRISTI Submit Date: Aug 15, 2017 Application for a City Board, Commission, Committee or Corporation Profile Jason Prefix First Name Email Address B Middle Initial Houlihan Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 14 If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone Social and Video Media Del Mar College Specialist/Staff Writer Employer 101 Baldwin Blvd Work Address - Street Address and Suite Number Jason B Houlihan Corpus Christi Work Address - City Texas Work Address - State 78404 Work Address - Zip Code 361-698-1123 Work Phone jhouliha@delmar.edu Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) BS in Counseling. Why are you interested in serving on a City board, commission or committee? To serve my community. Houlihan Jason Resume 8.15.17.docx.pdf Upload a Resume Jason B Houlihan Please upload any additional supporting documents Demographics Ethnicity 1W Caucasian/Non-Hispanic Gender 17 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1? I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Jason B Houlihan 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Jason B Houlihan Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • Higher Education • Marketing Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * V' None of the above Jason B Houlihan JASON HOULIHAN EDUCATION FULLER THEOLOGICAL SEMINARY, Pasadena CA Master of Divinity, Currently Enrolled HARDIN SIMMONS UNIVERSITY, Abilene TX Bachelor of Science in Clinical Counseling, Dec 2014 Minor in Biblical Studies DEL MAR COLLEGE, Corpus Christi TX Associates of Art in Television and Radio, May 2011 SKILLS • Adobe Suite. • Community outreach. • Final Cut Pro. • Counseling/Advising. • Google Docs/Forms. • Innovative and Creative. • Microsoft Suite. • Volunteer Training and Supervision. • Social Media Management. • Leadership/Management/Relationship skills. • Trello for Project Management. • Fundraising Planning and Execution. • Wordpress. • Commitment to working in a team/staff environment. • Constant Contact. • Adaptable to Growth and Change. • Experience using video production equipment. • Able to work independently. PROFESSIONAL EXPERIENCE Del Mar College, Corpus Christi TX May 2017 to Present Social & Video Media Specialist/Staff Writer Develop integrated advertising campaigns for the College. Manage all of the Colleges Social Media accounts. Create content for a wide array of communication mediums including the College's website and Social Media Accounts. Pitch College stories to local media and write press releases. FAITH LUTHERAN CHURCH, Houston TX Jan 2015 to March 2017 Director of Faith Formation Recruit, train, and support volunteers to work in youth ministry including Confirmation, Learning Group leaders, Sunday School Leaders, High School Group Mentors, and Young Adult Leaders. Direct the Youth and Family Team, the Faith Camp Team, and the Parish Education Team in developing an annual budget and strategic plan. Develop curriculum for Sunday school including Middle and High School Youth Group and other areas of Parish Education. Direct Faith Camp every summer, lead in the hiring process for Faith Camp, training of the staff, marketing the camp, supervising the staff prior and during camp, and handle parent concerns. Perform multimedia duties including but not limited to; editing promotional videos, recording church events, and providing quality advertisements to local advertising mediums such as The Kid Directory, Bellaire Magazine, etc. KNIGHTSTORM PRODUCTIONS, Corpus Christi TX May 2012 to Current Producer/Editor Confer with owner to discuss assignments and work on client needs. Create commercials, film, industrial and promotional content for various mediums including broadcast and web. Operate multimedia equipment on set and prepare content for editing. Assist in post -production needs for clients. K -III TELEVISION, Corpus Christi TX Oct 2008 to May 2012 Photojournalist/Audio Operator Confer with the News Director and Producer daily to discuss assignments and determine stories for daily broadcast. Set up and perform live shots for broadcast often under time restrictions. Edit video for broadcast productions, including non-linear editing under the pressure of a concrete completion time. Operate television cameras to record scenes for live television broadcasts, advertising, and special programming References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Brett Prefix First Name Email Address E Middle Initial Howsley Last Name Suffix 111111111111111 Street Address Suite or Apt State City Postal Code What district do you live in? * District 2 (Note: If you do not know your district click here) Current resident of the city? Yes r No 1.5 If yes, how many years? minnimmi Primary Phone Alternate Phone Corpus Christi Hooks Customer Service Manager Employer Job Title 734 E. Port Avenue Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Brett E Howsley 78401 Work Address - Zip Code 361-561-4719 Work Phone bhowsley@cchooks.com Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) N/A Why are you interested in serving on a City board, commission or committee? Brett Howsley Resume - Final.docx Upload a Resume Please upload any additional supporting documents Demographics Brett E Howsley Ethnicity IW Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Brett E Howsley 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Brett E Howsley Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected Brett E Howsley BRETT HOWSLEY EDUCATION: Master of Arts Degree, Sport Management University of San Francisco, San Francisco, CA Bachelor of Science Degree, Marketing University of Nevada Reno, Reno, NV Feather River College, Quincy CA COMPUTER SKILLS: Microsoft Office (Excel, Word, PowerPoint, and Outlook). Dec 2014 May 2012 May 2009 ADDITIONAL SOFTWARE: In -Stadium Solutions (ISS), ReServe Interactive, ABI Mastermind TMSS System, Concur, and UltiPro. BASEBALL: • Played for 16 years, highest level achieved: Junior College (Feather River, 2007-2009) • Regional and Conference Champions (2007-2008 and 2008-2009) FEATHER RIVER COLLEGE: • Helped with the set-up, working, and break down of college basketball, football, and volleyball events. • Helped run, work, and set-up various outreach programs for children. EMPLOYMENT: Corpus Christi Hooks, Corpus Christi, TX 08/03/2015 — Present Customer Service and Operations Manager • Coordinate and manage ballpark events ranging from 50 to 10,000 guests — includes everything from non-profit walks to baseball games to concerts • Work with the Senior Director of Stadium Operations in managing the operations, rehearsals, and execution of events and entertainment in compliance with expectations of clients; including creating accurate event layouts • Enforce all facility rules, regulations, policies and procedures to all clients and tenants • Point of contact for all event complaints/issues, assuring that all issues are addressed, resolved, and followed up with • Daily management of approximately 150 Game Day Staff employees at Whataburger Field which includes hiring, training, counseling, coaching, managing, and staffing levels for all events based on budget restraints; providing Finance with budget reports after the conclusion of each event • Create Game Day Staff orientation collateral, employee handbooks, and coordinate department trainings • Responsible for creating I.D. badges for all front office staff, part-time employees, interns, and Event Staff • Assist with processing new hire paperwork through Onboarding software • Coordinate with the Maintenance department to ensure the cleanliness of the entire ballpark daily • Coordinate with the Maintenance department to ensure that the stadium is meeting safety protocols and guest's expectations daily • Creating and defining on-going education of emergency procedures • Assist with overseeing and ensuring the completion of capital expenditure and maintenance projects made to the ballpark San Francisco Giants, San Francisco, CA 12/16/2013 —12/01/14 Ballpark Operations • Assist with organization's efforts in LEED re -certification 0 Improving the organizations sustainability and greening efforts • Oversee Text -To -Security and Rapid Response Team for Giants home games and non -baseball events Brett Howsley 2 • Assist with crowd management, safety control, and stadium operations during all organizations home games and non -baseball events through dispatch center; ensuring the safety of 42,000+ fans during baseball events • Coordinate with maintenance department to ensure the cleanliness of the entire ballpark daily • Coordinate with engineering department to ensure that the stadium is meeting safety protocols and guest's expectations daily • Assist with creation and distribution of ballpark credentials, passes, and wristbands for employees, vendors, and guests • Assist with creating Event Notes distributed to all Event Staff prior to each event • Assist with set-up and break down for special events, meetings, and pre/post-game parties when needed Kraft Fight Hunger Bowl, San Francisco, CA 12/01/2013-12/31/2013 Kraft Fight Hunger Bowl Intern • Assist in distribution of tickets and passes to local sponsors • Support the staff in execution of in -game sponsor activation • Document sponsor activation for use in sponsorship recaps • Assist in preparation and management of multiple Bowl Week events • Support staff with additional administrative projects • Assist with player, coaches, and team appearances San Francisco Giants, San Francisco, CA 05/15/2013 —11/7/13 Guest Services Intern • Assist the Guest Services department with daily office operations and a variety of tasks and responsibilities in conjunction with game -day preparations • Help schedule, supervise, email, and answer questions to over 500+ employees in the department • Written and verbal correspondence with guests regarding Lost and Found items from Giants games and other events • Responsible for the creation of a standard operating procedures manual for Guest Services • Responsible for answering to guests' emails daily regarding questions about the ballpark or experiences encountered during visits • Assist with Guest Services Desk during games; logging lost and found items, storing and distributing wheelchairs to guests', answering guests' questions, resolving guests' issues, and creation of first game certificates • Assist with coordinating with Guest Services Supervisors in assuring that ADA guests are properly assisted with ingress and egress of the stadium, and are provided assistance with accessing their seating location • Assist with stadium evacuation procedures and policies; participating in practice routines with Major League Baseball security staff Eldorado Hotel and Casino, Reno, NV 06/2009-12/2012 Management Trainee Program • Assist in the planning, set-up, coordinating, working, and take down of yearly events that generated more than $200,000 of revenue each (Italian Festival and Brews and Blues) • Handle all incoming and outgoing mail, ensuring proper delivery to the post office, and throughout the resort, as well as handling outgoing special event pieces, up to five thousand pieces on any given day • Work in warehouse operations, including inventory control software applications and management • Work on receiving dock, verifying deliveries to purchase orders and updating them in the computer system • Collaborate with the Revenue Audit Department regularly as well as training other employees to work with the Revenue Audit Department • Process and balance daily merchant credit card payments for 34 outlets, ranging from $70,000 to $100,000 per day, submitting payments to the bank Brett Howsley 3 • Perform and oversee daily inventories, analyze and research variance, submit reports to management • Execute, balance and perform weekly payroll for 1,500 employees consisting of an annual payroll of $45 million ($850,000 weekly) • Employee of the 3rd Quarter (October 2012) CITY OF CORPUS CHRISTI Submit Date: Apr 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile James Prefix First Name Email Address S Middle Initial Kruse Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? Yes r No 10 If yes, how many years? 4111•11111111•1111. lummingus Primary Phone Alternate Phone Texas A&M University - Corpus Professional Assistant Professor Christi of Accounting Employer 6300 Ocean Dr., O'Connor Bldg #365 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State James S Kruse Job Title 78412 Work Address - Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Please upload any additional supporting documents Demographics James S Kruse Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree James S Kruse 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree James S Kruse Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * iW None of the above James S Kruse J. Scott Kruse J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M - Corpus Christi - AASCB Accredited Accounting Program Masters of Accountancy Graduated — December 2010 Drury University — Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated — August 1997 Certified Fraud Examiner (CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University — Corpus Christi August 2015 — Present, Corpus Christi, TX Adjunct Professor of Accounting, Texas A&M University — Corpus Christi August 2014 —August 2015, Corpus Christi, TX Courses Taught: Financial Accounting — ACCT 2301 Managerial Accounting — ACCT 2302 Intermediate I — ACCT 3311 Fraud Examination — ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 — May 2014, Corpus Christi, TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 — October 2012, Corpus Christi, TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil & Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 — April 2012, Corpus Christi, TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 — November 2011, Corpus Christi, TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 — February 2010, Corpus Christi, TX Audited companies ranging from $50 — 70 million in revenues Tax preparation including 1120, 1120S, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University — Corpus Christi November 2007 —January 2009, Corpus Christi, TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University — Corpus Christi Young Business Professionals Membership Chair — 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University — Corpus Christi Faculty Advisor — Student Accounting Society Texas A&M University — Corpus Christi Scholarship Committee Texas A&M University — Corpus Christi SBA/Texas A&M Partnership — Boots to Business Program Presenter — Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: Oct 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile Armando Prefix First Name Email Address Mendez Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? Yes r No 28 If yes, how many years? Are you a registered voter? Yes c No 11111111111 Primary Phone Alternate Phone Magnum Oil Tools International Buyer Employer Job Title 5655 Bear Lane Work Address - Street Address and Suite Number Armando Mendez Corpus Christi Work Address - City Texas Work Address - State 78405 Work Address - Zip Code (361) 299-6333 Work Phone amendez@magnumoiltools.com Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Oil and Gas Advisory Committee Education, Professional and/or Community Activity (Present) Bachelors Business Administration with Economics - Texas A&M University Corpus Christi Why are you interested in serving on a City board, commission or committee? To provide a civil duty as a citizen to the city of Corpus Christi and surrounding areas. As a young professional in our city, I would like to contribute my time, experiences, and knowledge in various ways that may benefit our community. Mendez Armando Detailed Resume 2017 .doc Upload a Resume Armando Mendez MendezShortResume2017.docx Please upload any additional supporting documents Demographics Ethnicity i Hispanic Gender 17 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. iw I Agree Armando Mendez 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Armando Mendez Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ None of the above Armando Mendez Summary Education Armando Mendez I have progressively expanded my business knowledge and experience within the federal contracting sector by practicing business administration and logistics management with emphasis in economics and finance encapsulated in a high degree of education, integrity, professional development and ethics. Responsibilities and Duties My direct experiences encompass variable responsibilities in the administration, supervision, inventory, supplier, and order management of proprietary procedures and processes within a high paced, team oriented, goal achieving environment. They include, but are not limited to; analysis and forecasting of proprietary deliverables within critical paths and timetables; conduct economic and fiscal monitoring of organizational logistics; research complex statistical data and reporting; assure effective movement management by planning, controlling, and evaluating inventories; review procurement procedures and policy to recommend and promote continuous improvement. Frequently assigned challenging projects with supervisory capacity over team member and often called to represent upper management in their absence. Texas A&M University Corpus Christi, Corpus Christi TX Major: Bachelors Business Administration Emphasis in Economics BBA Degree: August 2004 - May 2008. GPA in major: 2.98 (4.0=A) Experience Buyer (International Sales) — July 2015 to Current Magnum Oil Tools International: Corpus Christi, TX • Communicates pertinent and timely information to SCT, Quality Control, Accounting Department and others as required. • Develops and negotiates, and implements programs and placement commitments with key partners. • Targets minimum inventory levels and expedites backlog recoveries. • Maximizes inventory turns, and reduces new buy by maximizing repairs or obsolete inventory. • Utilizes SAP Business One for purchase orders/quotes, forecast accuracy, and reviews safety stock and cautionary parts. • Prepare reporting for cost savings, KPI scorecards and vendor management. • Work with global materials, manufacturers and engineering for material changes and BOM updates. Armando Mendez Materials Resource Planner — January 2015 to May 2015 (Laid Off) Gates Engineering Services: Gates Corporation North America: Corpus Christi, TX • Responsible for scheduling and delivery of assigned production from assembly and manufacturing. • Establish and manage production / assembly schedules on a daily and weekly basis. • Evaluate and communicate changes that impact the Sales, Supply Chain and Production groups. • Develop tools that will monitor performance trends to ensure on-time delivery of material flow through external and internal processes. • Responsible for approving design change instructions and manage cut in dates BOM changes to responsible components. • Place and administer work order requirements using Oracle Systems. Supply Chain Specialist — May 2014 to January 2015 (Contract Hire) Mission Solar Energy: OCI Solar at Brooks City Base: San Antonio, TX • Coordinate logistics with suppliers, vendors, carriers, receivers and government agencies. • Coordinate the creation of purchase orders within Oracle ERP for direct and in direct material within the inventory objectives. • Determine cost effective freight solutions and service levels for all brands. • Monitor transportation issues for delivery requirements in support of operational requirements and complete monthly analysis. • Mitigate delays to ensure on-time delivery to final destination. Logistics Inventory Analyst — November 2013 to May 2014 (Contract Hire) MTS Inc at Boeing Aerospace: NASA Johnson Space Center, Houston, TX • Analyzes and determines inventory with depth of spares parts needed for support requirements for Boeing and NASA customers. • Identify the needed inventory support for current and projected requirements for projects using databases including VMDB, GOLD, Crystal Reports and others. • Interface with engineering, procurement, quality, Boeing and NASA customers in providing recommendations and solutions for current projects. • Performs periodic review of contract suppliers to determine future availability of critical Boeing and NASA projects. Armando Mendez Logistics Material Analyst — March 2011 to November 2013 (Contract Hire) Honeywell Aerospace: Corpus Christi Army Depot, NAS Corpus Christi, TX • Creation of purchase orders within SAP/LMP needed for repair operations and order management for CCAD Bill of Material (BOM). • Coordinates material deliveries, part allocations, kitting, and cycle counts in order to deliver service performance within inventory objectives. • Coordinates material freight for domestic and international shipping within Honeywell Logistics, 3rd party vendors, and customers. • Performs within SAP/LMP interface pertaining to issues with suppliers, 3rd party logistics and various Honeywell systems. • Develop and coordinate within Honeywell and WAWF systems for finance, costs, and budget reports for monthly returns. • Utilizes Six Sigma tools and resources to identify, evaluate, promote, and implement continuous improvement regarding Honeywell business processes. Logistics Specialist - October 2009 to March 2011 (Contract Hire) L-3 Communications: Corpus Christi Army Depot, NAS Corpus Christi, TX • Receives and reviews incoming MEO and travelers for completeness by coordinating and tracking required actions. • Establishes and maintain travelers in accordance with regulatory procedures within the guidelines of tech data DMWR and NAVAIR books according to MEO requirements and the management division. • Perform Bill of Material (BOM) technical reviews, cost estimates, cost analysis, routing creation, production version creation within the Logistic Modernization Program LMP/SAP; pertaining to the Directorate of Production Management within the Components Process Support Branch. • Performs a variety of moderate to advance analytical research and quality assurance by observing the reconstruction of DMWRs, NVAIRs, traveler routings, and shop procedures within Corpus Christi Army Depot. Operations Support — May 2009 to October 2009 (Contract Hire) CACI International: CNATRA N6 DOD Navy, NAS Corpus Christi, TX, • Operate in a problem management environment in order to provide record creation, data entry, and reporting for the CNATRA N6 department. • Contribute to the visibility of Enterprise Business Process Reengineering efforts by creation of Flow Charts and other process models and documentation available via collaboration technologies as directed. • Help develop and maintain CSSC diagnostics, workarounds, and fixes as necessary to facilitate the pursuit of increasing the rate of one -call resolution for customers. Skills Armando Mendez Business Qualities • 10 years of progressive experience in warehouse management, procurement, contract management, planning, auditing, quality assurance and customer service regarding work paper review, verification, cross-reference checking, report review, and data verification. • Ten years experience in computer literacy that include Microsoft Office, Word, Access, Excel, PowerPoint, Exchange, and Outlook. • Five years experience in Oracle, SAP, LMP, WAWF, DEXS II, FedLog, SharePortal, Banner, and PBL Scorecard. • Possess a strong ability in comprehending directions and instructions; ability to identify appropriate methodologies as to implement to the tasks as required. • Possess the ability to plan functions, conduct individual and group interviews, conduct program development, gather qualitative and quantitative data collection, transference, and reproduce information. • Self motivated and self starter with a strong willingness to gain knowledge and new skills in order to perform the related duties and fulfill responsibilities as required. • Possess a positive team attitude and approach with ability to team build and coordinate a successful team. • Possess strong multi -tasking skills and successful abilities in time management, correspondence preparation, project planning to meet deadlines, and assisting with reports. • Possess training in Six Sigma Green Belt business processes and procedures. Activities Organizations • Texas A&M University Corpus Christi Alumni Association: Current • Sigma Phi Epsilon Alumni Association of Corpus Christi: Current • Oil and Gas Advisory Committee: City of Corpus Christi: Current • Landmark Commission Committee City Of Corpus Christi: 2012-2013 Awards and Positions • Six Sigma Green Belt Business Processes Trained: 2012 Armando Mendez PROFESSIONAL PROFILE Resourceful, dynamic professional with a broad range of experience in fast -paced business and manufacturing environments. Highly skilled in operations and procurement, planning and logistics, and resource optimization. Strong leader and motivator who excels in teaching, training and empowering employees. Demonstrated strengths in management, efficiency improvement, and profit optimization. Proven track record of success in creative and effective management of diverse personnel in multiple locations. Flexible, adaptable, results driven and committed to quality process and product. Operations Management Organizational Effectiveness Resource Planning & Management Strategic and Operations Planning Program Analysis and Evaluation Material Management BACKGROUND SUMMARY Customer Service Programs Marketing Strategies & Programs Facilities Development Logistics and Warehousing Sales and Distribution Strategies Project Management Operational Cost Analysis Personnel Management Transportation Analysis/Planning Policies & Procedures Development Procurement & Supply Chain Technical Expertise includes: Oracle, SharePoint, Microsoft Office Suite, SAP EMPLOYMENT HISTORY MAGNUM OIL TOOLS INTERNATIONAL, Corpus Christi, TX 2015 - Buyer (International Sales) Present Manage all international sales and material purchase orders (SAP Business One). GATES ENGINEERING & SERVICES, Corpus Christi, TX Material Resource Planner (Laid Off) Responsible for scheduling and delivery of assigned production from assembly and manufacturing MISSION SOLAR ENERGY LLC, San Antonio, TX Supply Chain Specialist Responsible for the scheduling and forecasting of direct/indirect material with vendors and suppliers. MANUFACTURING TECHNICAL SOLUTIONS, Houston, TX Logistics Inventory Analyst (Contract) Responsible for material needed for support requirements for Boeing and NASA customers. HONEYWELL INC, Corpus Christi, TX Logistics Material Analyst (Contract) Responsible for purchase orders within SAP needed for repair operations and order management. L-3 COMMUNICATIONS, Corpus Christi, TX Equipment Specialist/Clerk (Contract) Responsible for reviewing incoming MEOs and travelers for material management. CACI INTERNATIONAL, Corpus Christi, TX Operations Support (Contract) Responsible for record creation, data entry, and reporting for the CNATRA N6 department. ANDREWS DISTRBUTING, Corpus Christi, TX Sales Associate Responsible for assisting account managers in promotions, sales and distribution. BUSINESS QUALITIES Six years of progressive experience in warehouse management, procurement, contract management, planning, auditing, quality assurance and customer service regarding work paper review, verification, cross-reference checking, report review, and data verification. Ten years experience in computer literacy that include Microsoft Office, Word, Access, Excel, PowerPoint, Exchange, and Outlook. Seven years experience in Oracle, SAP, LMP, WAWF, DEXS II, FedLog, SharePortal, Banner, and PBL Scorecard. 2015 2014-2015 2013-2014 2011-2013 2009-2011 2009 2008-2009 EDUCATION Bachelor of Business Administration and Economics, Texas A&M University Corpus Christi CITY OF CORPUS CHRISTI Submit Date: Jan 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile David Prefix First Name Email Address Nuss Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 2 (Note: If you do not know your district click here) Current resident of the city? Yes r No 3 If yes, how many years? 1.011101111.1 mignimmi Primary Phone Alternate Phone Peterson Development Company Property Manager Employer Job Title 5830 McArdle Rd Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State David Nuss 78411 Work Address - Zip Code 3619914950 Work Phone dnuss.pdc@yahoo.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I worked as a culinary instructor at the Food Bank for several years, partnering with many local community organizations to teach healthy eating habits. These included the Junior League, CCISD, Housing Authority sites, Public Libraries, several churches, VFit, homes for the elderly, and Grow Local South Texas. I also teach yoga in the community. Why are you interested in serving on a City board, commission or committee? DavidNussResumel .docx Upload a Resume David s Rec Letter.pdf Please upload any additional supporting documents Demographics David Nuss Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fw I Agree David Nuss 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree David Nuss Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected David Nuss David Christian Nuss Highlights of Qualifications • Accredited Master of Divinity degree • One completed unit of Clinical Pastoral Education • 8 years experience teaching culinary and yoga classes to diverse popula- tions • 20+ years experience in non -profits and business management Education • Natural Gourmet Institute for Health and Culinary Arts, accredited by A.C.C.E.T, 619 Hours Chef Training Program, 2008 • Kripalu School of Yoga and Health, Ayurveda Foundations Program, 2011 • Master of Divinity, Union Theological Seminary at Columbia Univ., NYC, 2004 • Certified Hospital Chaplain, Health Care Chaplaincy, NYC, 2004 • BA, Philosophy, Vanderbilt University, Nashville, TN, 1993 Culinary and Yoga Instruction Natural Epicurean Academy of the Culinary Arts, Austin TX, 9/16-12/16. • Developing online curriculum for two courses: "Conscious Cooking and Mindful Eating" and "A Taste of India." Pure Action, Austin TX, 9/16-12/16. • Taught yoga classes in substance abuse treatment centers and elementary schools Food Bank of Corpus Christi, TX, 9/2013-7/2015 • Developed and implemented a curriculum for healthy cooking classes for grades K-12, and workshops for families • Partnered with CCISD to teach nutrition and cooking and yoga in schools, as well as partnered with many community orgs including Junior League, Grow Local, VFit, Housing Authority sites, Public libraries, and various churches Children's Aid Society, NYC, 9/2008-6/2013. • Taught healthy cooking and gardening programs to elementary, middle and high Bronx school students at community schools and centers • Developed and taught a Food Justice program for students in the South • Implemented and evaluated the curriculum of two 2 -year pilot programs for culinary instruction Yoga Studio of Corpus Christi, Crossroads Yoga, Corpus Christi, TX, 2013-5 • Yoga teacher and facilitator of cooking demonstrations, workshops, as well as working as a retreat chef, and educator at teacher trainings FOOD BANK CORPUS CHRISTI A member of FEEDING" AMERICA July 21, 2015 To whom it may concern, David Nuss has been a true asset to the Food Bank of Corpus Christi over the past year and a half. His vision, coupled with his passion for kids nutrition is nothing short of inspiring to those who work around him. David has represented the Food Bank with such creativity and excellence everywhere he taught and has gained recognition for the Food Bank that only he could have accomplished. Even with working part time, he always gave full commitment. He strived to think outside the box, incorporating yoga in his classes, recording radio segments, and creating his own kid - friendly recipes to name a few. He has made such a presence in the community that kids recognize him in public. In close to 2 years, he has taught 9,789 kids/adults, and had 17,388 contacts with them- truly remarkable impact on our community. It was been a real pleasure to have David on our nutrition team, and he will be greatly missed. I highly recommend him for any future position. ele3,-zAbleir Kate Hilliard, MS, RD, LD, CDE Nutrition Education Manager CITY OF CORPUS CHRISTI Submit Date: Mar 13, 2017 Application for a City Board, Commission, Committee or Corporation Profile Madeline Prefix First Name Email Address Renz Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 1 If yes, how many years? 1.011101111.1 wimingus Primary Phone Alternate Phone Texas Dept State Health Public Health Prevention Services Specialist II Employer Job Title 5155 Flynn Parkway Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Madeline Renz 78411 Work Address - Zip Code 3618783448 Work Phone madeline.renz@DSHS.texas.gov Work E-mail address Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently do not serve on any other city board or committee, but I am a regular attendee to school health advisory committees across 19 counties of south Texas along with participating in Laredo health coalition and South Texas Immunization Coalition. Education, Professional and/or Community Activity (Present) I have a bachelor's of science in Integrative healthcare with a biology minor, accompanied by an associates of Science and nursing assistant certificate. Professionally I have worked in the healthcare industry for over 4 years, from working with patients one on one to managing health clinics to now concentrating of overall community health and prevention services. Currently my professional activities include overseeing 19 counties ensuring vaccination coverage. To accomplish this I participate in numerous health fairs, community outings and public health education. This includes participating as a speaker for the upcoming hurricane preparedness conference. Beyond community outreach, I partner with local providers, health departments, stakeholders and schools. This highlights my interpersonal communication skills and comfort forging relationships with additional community members. Within my department, I also participate in the quality improvement team that leads and presents bimonthly online conferences to discuss overall worksite wellness and personal health. Personally, I am largely involved in the community as I strongly believe that community is the most evolving component of present day health. I participate in as many 5Ks that my schedule allows, monthly bridge walk, along with farmers markets and recently started volunteering for Texas grow local in Corpus. Madeline Renz Why are you interested in serving on a City board, commission or committee? MR.doc Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 11 Caucasian/Non-Hispanic Gender Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree Madeline Renz City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Madeline Renz Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * p Health Care / Medical Professionals p Worksite Wellness p Youth Initiatives p Community Outreach Madeline Renz Madeline Renz ■ Education MR Metropolitan State University of Denver 08/2013 to 05/2016 Graduated with bachelors of Science degree in Integrative healthcare, biology minor, GPA 3.60 Community College of Aurora 01/2010 to 08/2013 Graduated with an Associates of Science 08/2013, 3.67 GPA Front Range Community College 08/2012 to 10/2012 Graduated with a certificate in Nurse aid, 4.0 GPA Experience Public Health Prevention Specialist Texas Dept. State Health 08/2016 to Current Oversee all adult and adolescent vaccination rates and programs across 19 counties. Design, implement and deliver community health education about all available vaccines. Participate in health fairs by creating local partnerships, educational games and engaging activities. Create and monitor quarterly goals for the program and for providers in the program. Monitor and audit all providers in the adult program. Enroll new providers and act as a community liaison for vaccine knowledge and information. Extensive knowledge in vaccines, side effects, vaccine timing, south Texas culture, and vaccine storage and handling. Construct and maintain professional partnerships with organizations, schools, provider offices, shelters, churches and community officials. Health Center Manager Planned Parenthood 07/2015 to 07/2016 Supervises and manages day-to-day operations for health center providing comprehensive reproductive healthcare services to patients. Ensures health center staff understands and comply with organization protocols including medical standards and guidelines, risk management and safety procedures, regulations regarding patient rights, HIPAA requirements, regulations regarding identification and reporting of child abuse and sexual abuse of a minor, consent, infection control protocols, CLIA, billing and coding practices and applicable OSHA safety standards. Provides key leadership in health center operations; budget forecasting and monitoring, selection, hiring, training, and evaluation of staff. Lead, motivate, coach and perform on the job training for team members including volunteers. Create, partner with and host health center fundraisers. Oversee distribution of prescription medications. ICD-9, ICD -10. EHR. NextGen Microsoft office Advanced Health Center Assistant Planned Parenthood 03/2014 to 07/2015 Part of an integrated team that provides care and education to patients during scheduled appointments and outreach events. Tasks include recording patient documentation, answering phones, collecting payment, specimen handling, administering injections, phlebotomy, and ensure the patient is comfortable and has all of the correct information. Other duties include marketing for the health center by engaging with various individuals in the public and with neighboring companies, over seeing health center volunteers and also ensure all laboratory material is correct and functioning properly. Certified Nursing Assistant Front Range Home Health 08/2013 to 07/2014 Oversee and care for one patient at her home. Daily visits to her home to provide health services such as medication reminders, oxygen set up, toileting assistance, daily grooming including bathing and styling, dressing, diet and nutrition plans, exercising and ambulating. Assist with daily tasks of living such as food preparation, home cleaning and upkeep, and feeding. Shift Supervisor Barista Starbucks 05/2013 to 05/2014 Create an array of coffee and tea beverages along with providing exceptional customer experience. Interactions with over one hundred customers daily, along with working on a team to create a one of a kind experience. Responsible for day to day store operations including scheduling staff, ordering supplies, customer service, and overseeing daily budget. Additional information Inducted into two nationally recognized honor societies --Phi Theta Kappa and National Society of Leadership and Success. Volunteer experience with organizations including YMCA, Skyline, ICAN and SCRIP CPR certification References available upon request 2 CITY OF CORPUS CHRISTI Submit Date: May 06, 2017 Application for a City Board, Commission, Committee or Corporation Profile Jennifer Prefix First Name Email Address N Middle Initial Rock Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? Yes r No 34 If yes, how many years? 1.011101111.1 wimingui Primary Phone Alternate Phone Self Employer 7414 Trail Creek Work Address - Street Address and Suite Number Work Address - City Texas Work Address - State Jennifer N Rock Owner - FIT4MOM Corpus Christi Job Title 78414 Work Address - Zip Code 3617398309 Work Phone Jenniferrock@fit4mom.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Post Bac - Accounting, TAMUCC Bachelor's Degree - Communications, TAMUCC Why are you interested in serving on a City board, commission or committee? Because I have a vested interest in our city and the health and wellness of those who live here. Upload a Resume Please upload any additional supporting documents Demographics Jennifer N Rock Ethnicity IW Hispanic Gender iw Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. %7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Jennifer N Rock 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Jennifer N Rock Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Community Outreach Jennifer N Rock CITY OF CORPUS CHRISTI Submit Date: Jan 25, 2017 Application for a City Board, Commission, Committee or Corporation Profile Alisa Prefix First Name Email Address Middle Initial Tippit Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 33 If yes, how many years? 1.011101111.1 mignimmi Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Alisa Tippit Work Address - Zip Code Work Phone alisa.tippit@gmail.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted 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) Weapons at Hands Instructor assisting with children's MMA and Jiu Jitsu programs. Also instruct cardio kickboxing classes, focusing on striking techniques, cardio workouts, and strength training. Roufusport Kickboxing Association green belt. Personal Trainer with LifeFit Personal Training Studios Member Real Life Church Corpus Christi Why are you interested in serving on a City board, commission or committee? Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Alisa Tippit Ethnicity IW Hispanic Gender iw Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Alisa Tippit 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Alisa Tippit Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * pSenior Initiatives P Youth Initiatives Alisa Tippit ALISA TI PPIT CONTACT EXPERIENCE 0 CERTIFICATIONS American College of Sports Medicine Certified Personal Trainer LifeFit Personal Training Studio 2017 Personal training services particularly emphasizing strength and functional fitness. Creative Channel - FitBit 2016-2017 Working hand in hand with Best Buy associates, provide information and demonstration of FitBit fitness trackers and other FitBit brand products to customers. Assist and drive sales during typical big sales periods (Mother's Day, Father's Day, Christmas Holidays). Assist company by representing other products as needed. Weapons At Hand Mixed Martial Arts 2015-2017 Instructor assisting with children's MMA and Jiu Jitsu programs. Also instruct cardio kickboxing classes, focusing on striking techniques, cardio workouts, and strength training. Roufusport Kickboxing Association green belt. City Of Corpus Christi SISTER CITY COMMITTEE BOARD DETAILS OVERVIEW S SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. �q DETAILS COMPOSITION The committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of nine (9) members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation of the City's Sister City Program. The steering committee shall be comprised of representatives of the following categories: Economic Development Sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher Education Institution; Advertising/Public Relations; Arts/Cultural; and two (2) At -Large. In addition, representatives from the following City departments shall serve as ex -officio, non- voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice -Chair. The Chair and Vice - Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent, the Vice -Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment, will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at -large. CREATION / AUTHORITY Section 2-150, Code of Ordinances. Ord. Nos. 10195, 14291, 18961, M86-0043 - 1 /28/86; 19474 - 9/16/86; 19635 - 2/17/87; 21045 - 12/11/90; 021 236 - 9/10/91; 023424 - 8-25-98; 029687 - 11-20-12; 030913 - 8/9/16. MEETS First meeting of newly appointed Sister City Committee members will be Monday, October 10, 2016 at 5:15 p.m. at the Corpus Christi Convention and Visitors Bureau Board Room, 101 N. Shoreline, Ste. 430. (New Meeting date and time to be determined at that meeting.) SISTER CITY COMMITTEE Page 1 of 2 TERM DETAILS Three-year terms. DEPARTMENT Corpus Christi Convention and Visitors Bureau COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION SISTER CITY COMMITTEE Page 2 of 2 Sister City Committee Members October 31, 2017 Five (5) vacancies with terms to 9/1/18, 9/1/19 and 9/1/20 representing the following categories: 1- Arts/Cultural, 1- At -Large, 1- Economic Development Sector, 1 -Higher Education and 1- United Corpus Christi Chamber of Commerce. Name Board Name Status District End Date Position Category Misaki Berrios Susane "Westi" Horn David C. Loeb Annette Medlin lain D. Vasey SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE Resigned Met the six-year term limitation Not seeking reappointment SISTER CITY COMMITTEE Resigned SISTER CITY COMMITTEE Resigned District 4 1 District 5 2 District 2 1 09/01/17 09/01/17 09/01/17 Member Member Member District 2 1 09/01/19 Member District 5 1 09/01/18 Member Arts/Cultural Higher Education At -Large United Corpus Christi Chamber of Commerce Economic Development Sector William G Pettus Heather Moretzsohn Deven S. Bhakta SISTER CITY COMMITTEE Active SISTER CITY COMMITTEE Active Barbara A. Canales Corpus Christi International Airport Representative SISTER CITY COMMITTEE Active District 4 1 District 4 1 District 5 1 District 4 1 SISTER CITY COMMITTEE Active SISTER CITY COMMITTEE Active 09/01/19 Member 09/01/18 Chair 09/01/18 Member 09/01/19 Member N/A N/A Ex -Officio, Non-voting Advertising/Public Relations At -Large Greater Corpus Christi Hospitality Association Port Industries of Corpus Christi Parks and Recreation Representative SISTER CITY COMMITTEE Active N/A N/A Ex -Officio, Non-voting Mayor's Office Representative SISTER CITY COMMITTEE Active N/A N/A Ex -Officio, Non-voting Sister City Committee Applicants October 31, 2017 ME • i11777JTlir: MIN Manuel G. Chapa, Jr. SISTER CITY COMMITTEE District 1 Retired Military At -Large and Arts/Cultural Melody H. Cooper SISTER CITY COMMITTEE District 4 Melody Cooper Attorney at Law At -Large, Arts/Cultural and Economic 3765 S. Alameda, Suite 322 Corpus Christi TX 361-334-1788 Development Sector Nina M. Feggins SISTER CITY COMMITTEE District 4 At -Large and Arts/Cultural Almira Flores SISTER CITY COMMITTEE District 4 Retired 600 Elizabeth St. Corpus Christi TX At -Large and Arts/Cultural Susana Martinez Del Mar College - Small Business SISTER CITY COMMITTEE District 5 Development Center 3209 S. Staples At -Large, Arts/Cultural, Economic Development Sector and Higher Education Corpus Christi TX 361-698-2118 Institution Cleofas Rodriguez, Jr. United Corpus Christi Chamber of SISTER CITY COMMITTEE District 4 Commerce 601 North Staples, Suite 150 Corpus Christi TX 361-881-1800 Corpus Christi Chamber of Commerce Alan Thornburg SISTER CITY COMMITTEE District 2 Self -Employed At -Large and Arts/Cultural CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2016 Application for a City Board, Commission, Committee or Corporation Profile Manuel Prefix First Name Email Address G Chapa Jr Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 1 (Note: If you do not know your district click here) Current resident of the city? Yes r No 16 yrs If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone Retired Military Employer Work Address - Street Address and Suite Number Manuel G Chapa Jr Job Title Work Address - City Work Address - State Work Address - Zip Code Work Phone chapamanuel@ymail.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Volunteer Percussion Instructor, Roy Miller HS. 10yrs Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Manuel G Chapa Jr Demographics Ethnicity 17 Hispanic Gender p Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p I Agree Manuel G Chapa Jr 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Manuel G Chapa Jr Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Arts/Cultural Manuel G Chapa Jr CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Melody Prefix First Name Email Address H. Middle Initial Cooper Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No One month. If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone Melody Cooper Attorney at Law Attorney Employer Job Title 3765 S. Alameda Suite 322 Work Address - Street Address and Suite Number Melody H. Cooper Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code 361-334-1788 Work Phone melody@melodycooperlaw.com Work E-mail address Preferred Mailing Address fJ Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I served as a member of the Corpus Christi City Council for 14 years, from 1993 to 2001 and from 2003 to 2009. I served on the Sister City Committee from 2000 to 2003 and from 2009 to 2013. I have also been a member of serval other boards and commissions, and other community organizations as noted on my resume, attached. Why are you interested in serving on a City board, commission or committee? I thoroughly enjoyed working with the Sister City Program both as a member and a member of the City Council in the past. I developed strong relationships with our Sister City Counterparts in other countries which I maintain to this day. I believe it is an extremely important program for our young people to interact with those of our Sister Cities and develops a strong awareness of our common goals and challenges. Melody H. Cooper Melody Cooper CV 95-03- 2017,docx Upload a Resume Pease upload any addit onal supporting documents Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender pr Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. WI I Agree Melody H. Cooper 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Melody H. Cooper Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * IW Economic Development Sector IW Arts/Cultural Melody H. Cooper CURRICULUM VITAE OF MELODY COOPER Attorney at Law Licensed to practice law in the State of Texas Contact Information: Education: Graduated Del Mar College, Corpus Christi, Texas, summa cum laude, A.A., 1981, Majored in Music Attended the University of Texas, Austin, 1981-1982, Music Major Graduated Texas A and M Corpus Christi, Texas with highest honors, with B.A. in Political Science, 1983, Graduated with law degree from the University of Texas School of Law, December, 1986. 1987 -Present Licensed to practice law in the State of Texas 1993 -Present Solo Practice, Attorney • Very large, busy solo practice in Corpus Christi, Texas. Practiced before Nueces County District and County Courts, as well as District and County Courts throughout the State of Texas. Employed and supervised up to 10 paralegals and support staff. Areas of law practiced included real estate, civil litigation, probate and estates and family law. Extensive research on legal issues, drafted numerous estate documents, pleadings, and trial and appellate briefs. Engaged in litigation, including jury trials. Argued before several Courts of Appeal in the State of Texas. Engaged in mediation and alternative dispute resolution in numerous cases. August, 2013 -August, 2017 -Attorney and Title Specialist, Contract Land Staff, Austin, Texas, and Minot, North Dakota 1992-1993 Assistant Nueces County Attorney, Civil Section • Represented Nueces County in civil litigation, extensive research on legal issues, drafted pleadings, and trial and appellate briefs, and engaged in civil litigation before the Nueces County District Courts and the 13th Court of Appeals, Corpus Christi Division 1989-1993 Associate Attorney Sorrell, Anderson, Attorneys at Law, Corpus Christi, Texas,1990-1993. Wood and Burney, Attorneys at Law, Corpus Christi, Texas,1988-1989. Stutzman and Bromberg, Attorneys at Law, Dallas, Texas, 1987-1989. Engaged in legal research, drafting pleadings, real estate and estate documents, trial and appellate briefs, and in civil litigation, including jury trials, and argued before various Texas Courts of Appeal. 2003-2009 At -Large Representative, Corpus Christi City Council 1999-2001 At -Large Representative, Corpus Christi City Council 1993-1999 Representative, District Five, Corpus Christi City Council City Council Committees: • Chair, Mayor's Task Force on Youth Violence -1996-2000 • Municipal Court Committee -1999-2000 • Municipal Court Committee -2003-2007 Other City Committees: • Sister City Committee -2001-2003 • Sister City Committee -2009-2013 • Health Facilities Advisory Committee -1991-1993 • Food Service Advisory Committee -1992-1993 • Mayor's Teen Task Force -1991-1994 Other Community Involvement in Corpus Christi, Texas: Corpus Christi Chamber of Commerce League of Women Voters Hispanic Chamber of Commerce Corpus Christi Municipal Band, (1977-2011) Class XXI, Leadership, Corpus Christi West Rotary Club Southside Rotary Club Symphony Guild Board of Directors of the following organizations in Corpus Christi, Texas: League of Women Voters Y.W.C.A. R.L. Moore Daycare Center Greenwood -Molina Day Care Center Civitan Bethune Day Center CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2016 Application for a City Board, Commission, Committee or Corporation Profile Nina Prefix First Name Email Address M Feggins Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes c No 2 months If yes, how many years? Are you a registered voter? c Yes c No 1111111 winanim Primary Phone Alternate Phone Currently Unemployed Employer Work Address - Street Address and Suite Number Nina M Feggins Job Title Work Address - City Work Address - State Work Address - Zip Code Work Phone msncrowelle@yahoo.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) University of Florida- Masters of Science in Entrepreneurship (2013) Howard University- Bachelor of Art in Fashion Merchandising (2008) Why are you interested in serving on a City board, commission or committee? Nina F.docx Upload a Resume Nina M Feggins Please upload any additional supporting documents Demographics Ethnicity Pr African American Gender Pr Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree Nina M Feggins 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Nina M Feggins Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Arts/Cultural Nina M Feggins Nina Feggins EDUCATION UNIVERSITY OF FLORIDA • Master of Science in Entrepreneurship, December 2013 HOWARD UNIVERSITY • Bachelor of Art, December 2008 WORK EXPERIENCE RSR GROUP Purchasing Coordinator- 2015-2016 • Entered and placed purchase orders for stocking inventory, dealer programs, special orders, warehouse supplies and office supplies for all locations. • Maintained Vendor relationships involving inquiries about pricing, case quantity, and resolving ordering issues. • Updated inventory maintenance files by entering correct product information into the internal database. • Researched product discrepancies and informed the Buyers of any changes. • Verified compliance with vendors' non -authorized retailer lists and notified customers of their ability to correct company violations. WALGREENS Assistant Store Manager Trainee- 2014 to 2015 • Monitored proper staffing levels for each assigned shift by reviewing the schedule, calling team members, and adjusting hours based on requests/staffing needs. • Set up and hosted "senior day" informational events to promote wellness services offered at our facility. • Utilized data monitoring tools to analyze sales trends and order products to keep shelves stocked. • Ensured accurate on hand counts by counting vendor merchandise and matching invoices. Also implemented a system for team members to track loss, damaged, and stolen items to receive credit from vendors. • Increased cosmetic sales, in a one month period, by 48% over last year by producing creative signage, re -merchandising cosmetic items and promoting staff collaboration. GATOR 1 CENTRAL, UNIVERSITY OF FLORIDA Student Worker- 2013 • Conducted daily informational presentations introducing over 3,000 incoming freshman to the services offered by the university. • Assisted students and staff with retrieving, renewing, or obtaining a new student ID including taking photos and using the POS system to receive payments. • Promoted sales of the gator 1 card and made recommendations for dining, bookstore, and financial services. BABIES R US Department Supervisor - 2010 to 2011 • Provided guest service by achieving weekly incentive goals and stayed within the top percentile in the district. • Trained and evaluated all cashiers on front end tasks including registers, baby registry operations, online store order systems, restocking the sales floor, and distributing sales information. • Reduced store shrink by implementing and enforcing store return and exchange policies. SIX FLAGS AMERICA Retail Supervisor - 2008 • Conducted interviews for seasonal retail positions and used performance reviews to evaluate team members' progress throughout the park season. • Transformed an underperforming store into a thriving revenue location by reallocating on hand merchandise and inventory from the warehouse, therefore doubling the amount of sales made in that location. • Constructed a timeline and full description of closing procedures for the end of the year inventory in all retail locations. • Overseen the set-up, counting, and selling of special events merchandise. ADDITIONAL SKILLS/ INVOLVEMENTS • Proficient in Microsoft Office Suite and 10 key pad. • Orange County Regional History Center, Volunteer (2015) • MSE Ethics Fellow, UF Warrington College of Business (2012-2013) CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Almira Prefix First Name Email Address Flores Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No 42 If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone retired Radiology Tech Employer Job Title 600 Elizabeth St Work Address - Street Address and Suite Number Almira Flores Corpus Christi Work Address - City Tx Work Address - State Work Address - Zip Code Work Phone almiraflores@msn.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time Education, Professional and/or Community Activity (Present) Retired Radiology Technologist. Member and Past chair of Hispanic Women's Network of Texas, currently Culture Chair. Volunteer with Mission of Mercy and American Heart Association. member of Instituto de Hispanica Cultura Why are you interested in serving on a City board, commission or committee? I have always been involved in volunteer work and have served on other boards. I have a passion for all kinds of culture and art. I have visited several different countries experiencing different cultures. Since being retired, I have time to volunteer Almira Flores Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 14 Hispanic Gender I Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Almira Flores 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Almira Flores Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * fJ Arts/Cultural Almira Flores ALMIRA FLARES tfr1151U5 Soo -Iv Systems Radd w i m 201+ rair;,h M15 • Its orIn L-146 P#r gotakmq.b'. Rnr edyNstaI ithij trniinotivri r velek with Di% mil lessh.-E4091,113.. '9 A. Rays i LP vim roun. Was leader Por e-* radidllegy dam ▪ Ortr 35 irs. E.iperidarce in Rad u{/r TtcI4w p lEOPUOMON (tt°:.ratr frg:en prep iaduaned ftrsm SNtin tompikuil Setioal eR EmitekIpie Teel stisgii t 1973 Regrvey" of Qairti ric Tectr. 4c +t AWARDS AHD Ar GKNOWLEDSEMENTS • it sparde &tam`s litermork d< Tia Lett E 1 M apart! fee Ilett - Past Cam rar elispanc ►t+rrlerk tetefork ed TcaGrs • S •rr+ea I.F0 Sow Wit] monk xr s *tog* of Tugs • i[raEG.•'t el'+.1tr', pidistated di•te* IL IU id¢ r oelalsestinns arid evades Served err Board or Commission for {Wren and iGilin • Stirred an Wet Comm lke • Vaufit Nig 1651.1 o rxi CITY OF CORPUS CHRISTI Submit Date: Oct 26, 2017 Application for a City Board, Commission, Committee or Corporation Profile Susana Prefix First Name Email Address Martinez Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? * w District 5 (Note: If you do not know your district click here) Current resident of the city? t: Yes r No 14 years If yes, how many years? Are you a registered voter? Yes t` No Primary Phone Alternate Phone DMC - Small Business Development Center Employer 3209 S Staples Work Address - Street Address and Suite Number Outreach Micro Enterprise Business Advisor Susana Martinez Page 1 of 6 Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code 361-698-2118 Work Phone smartine57@a delmar.edu Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Instituto de Cultura Hispanica de Corpus Christi Corpus Christi Literacy Council Education, Professional and/or Community Activity (Present) Degree, Del Mar College, Corpus Christi, TX August 2009 Accounting Technician Certificate, Del Mar College, Corpus Christi, TX August 2007 Management for Changing Times Diploma, Manizales University, Colombia October 2002 Top Management, Diploma, Manizales University, Colombia, October 2001 SABRE Air Travel Software, Sabre, Miami -Florida. May 1995 Travel Agency Operation, Mid -Florida Technical Institute Orlando, FL October 1992 Why are you interested in serving on a City board, commission or committee? I am eager to join this Board because I believe it will be a great opportunity to share my knowledge and experience with small business and our community. I am happy not only to give back by sharing my expertise, but also because I feel this will help me to gain new skills. Susana Martinez Page 2 of 6 Resume SM 9-18-2017.docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 14 Hispanic Gender rJ Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Susana Martinez Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Susana Martinez Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No Board -specific questions (if applicable) Susana Martinez Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Economic Development Sector rJ Higher Education Institution 17 Arts/Cultural Susana Martinez Page 6 of 6 SUSANA MARTINEZ Education Accounting Associate Degree, Del Mar College, Corpus Christi, TX Accounting Technician Certificate, Del Mar College, Corpus Christi, TX Management for Changing Times Diploma, Manizales University, Colombia Top Management, Diploma, Manizales University, Colombia, SABRE Air Travel Software, Sabre, Miami -Florida. Travel Agency Operation, Mid -Florida Technical Institute Orlando, FL August 2009 August 2007 October 2000 October 1999 May 1995 October 1992 Summary • Finance: Strong background and experience • Office and sales management: Effective supervisor, manager and sales developer • Customer Service: Excellent interpersonal skills, works well with public and customers • Computer skills: MS Word, Excel, Access, PowerPoint, Q -books and Gifts Works. Experience Small Business Development Center DMC - Corpus Christi, TX March, 2014 — Present Outreach Micro Enterprise Business Advisor • Provide counseling and technical assistance to help entrepreneurs with the development and management of their business • Introducing the SBDC program to entities in the Texas Coastal Bend area • Conduct initial business counseling sessions and recruits clients • Engage in business visits to stakeholders to introduce the SBDC program in the Texas Coastal Bend area • Post clients' information utilizing the center's client -tracking software • Aid and participate in the SBDC Start Smart Program Business Resource Center — DMC - Corpus Christi, TX January, 2012 - Present Rural Outreach Business Counselor • Provide counseling and technical assistance to help entrepreneurs with the development and management of their business • Lead presentations and seminars introducing the BRC program to entities such as Workforce, Housing Authority, and Community Action in the Texas Coastal Bend area • Conduct initial business counseling sessions and recruits clients • Engage in business visits to stakeholders to introduce the BRC program in the nine -county service area • Post clients' information utilizing the center's client -tracking software • Aid and participate in the Operation Jump Start -First Step and FastTrac Growth Venture Programs Corpus Christi Literacy Council, Corpus Christi, TX June 2006 - December 2011 Program Assistant • Organized fundraising events including visiting potential donors, and silent auctions displays, pricing and sales • Managed payroll, assisted with budgeting, maintained files, inventory and tracked donations SUSANA MARTINEZ • Assisted in tutor training workshops • Responsible for leading volunteers, tutors, students and guests • Assisted literacy students with educational software and maintained computer lab Over Turismo Internacional, Bucaramanga, Colombia January 1995 -July 2003 Branch Manager • First manager for a new travel agency branch, organized office from the start • Hired, trained and supervised five permanent employees, supervised payroll • Finance and management, including visiting companies, and business relations with airlines • Maintained inventory of products and services • Planning and sales of travel packages and airline tickets Proteccion (Retirement Fund Management) Bucaramanga, Colombia Account Manager Sanautos (new car dealership) Bucaramanga, Colombia Commercial Associate Salesperson DeMarka (furniture store) Barranquilla, Colombia Store Manager January 1994 -December 1994 August 1987 -July 1989 January 1983 -July 1985 Organizations • Member - Hispanic Women's Network of Texas, Corpus Christi, TX • Member and Volunteer - Instituto De Cultura Hispanica, Corpus Christi, TX • Volunteer - Corpus Christi Literacy Council Languages • English and Spanish, understands and actively participates in American and Latin cultures CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Cleofas Prefix First Name Email Address Rodriguez Jr. Middle Initial Last Name Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * w District 4 (Note: If you do not know your district click here) Current resident of the city? Yes r No <4 months If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone United Corpus Christi Chamber of Commerce President/CEO Employer Job Tit! 601 North Staples, Suite 150 Work Address - Street Address and Suite Number Cleofas Rodriguez Jr. Corpus Christi Work Address - City Tx Work Address - State 78401 Work Address - Zip Code 361-881-1800 Work Phone cleojr@unitedcorpuschristichamber.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? Part of requirement of being President/CEO of the United Corpus Christi Chamber of Commerce Upload a Resume Please upload any additional supporting documents Cleofas Rodriguez Jr. Demographics Ethnicity iw Hispanic Gender IW Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Cleofas Rodriguez Jr. 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Cleofas Rodriguez Jr. Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * f4 Corpus Christi Chamber of Commerce Cleofas Rodriguez Jr. CITY OF CORPUS CHRISTI Submit Date: Sep 07, 2016 Application for a City Board, Commission, Committee or Corporation Profile Alan Prefix First Name Email Address Thornburg Middle Initial Last Name Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * w District 2 (Note: If you do not know your district click here) Current resident of the city? Yes r No 7 If yes, how many years? Are you a registered voter? Yes c No Primary Phone Alternate Phone Myself Employer Work Address - Street Address and Suite Number Alan Thornburg Struggling writer Job Title Work Address - City Work Address - State Work Address - Zip Code Work Phone akthornburg@hotmail.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I used to be on the Sister Cities Committee, but reached the maximum term limit, so I had to sit out for a year. Education, Professional and/or Community Activity (Present) Former committee chairman. Traveled to Agen, France, as part of the Corpus Christi Sister Cities delegation. Why are you interested in serving on a City board, commission or committee? Upload a Resume Alan Thornburg Please upload any additional supporting documents Demographics Ethnicity None Selected Gender None Selected Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. p I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p I Agree Alan Thornburg 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Alan Thornburg Board -specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Arts/Cultural Alan Thornburg AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kimb2(a�cctexas.com (361) 826-3169 Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859.00, With Two Additional Two-year Options and a Total Potential Multi -Year Amount of $10,223,577.00 CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $10,223,577.00. PURPOSE: This item is to approve a supply agreement for sodium permanganate for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Sodium Permanganate is a chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. This chemical helps to treat the algae that is incoming in the source waters and also present in the pre -sedimentation basin. Due to an outbreak of algae on the pre -sedimentation basin and source waters, the O.N. Stevens Water Treatment Plant began utilizing Sodium Permanganate for algae control. This started in early 2016 and has continued due to the hot weather in the summer and winter months. Without the use of this chemical, the treated water has the potential to have algae present in the distribution system. This would result in taste and odor complaints as well as green tint to the water, which could result in loss of chlorine residuals and promote bacterial growth through the distribution system. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Carus Corporation. ALTERNATIVES: No feasible alternatives. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $6,806,762.00 $8,661,641.62 $15,468,403.62 Encumbered / Expended Amount $0 $0 $0 This item $1,561,935.38 $8,661,641.62 $10,223,577.00 BALANCE $5,244,826.62 $0 $5,244,826.62 Fund(s): Water Comments: The initial contract term total is $3,407,859.00 of which $1,561,935.38 is funded in FY2017-18. If all options are exercised the total contract value will be $10,223,577.00. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: CYNTHIA PEREZ Bid Tabulation RFB 1266 Sodium Permanganate Total: $1,703,929.50 Total: $1,767,552.55 Carus Corporation Shannon Chemical Peru, IL Malvern, PA Item Description Annual Qty. Unit Unit Price Extended Price Annual Qty. Unit Unit Price Extended Price 1 40% Solution Sodium Permanganate 1,456,350 Lbs. $1.17 $1,703,929.50 1,456,350 Lbs. $ 1.213 $1,766,552.55 2 Unloading Delay 25 HR $0.00 25 HR $40.00 $1,000.00 Total: $1,703,929.50 Total: $1,767,552.55 SUPPLY AGREEMENT NO. 1266 Sodium Permanganate Solution THIS Sodium Permanganate Solution Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Carus Corporation ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Permanganate Solution in response to Request for Bid No. 1266 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Sodium Permanganate Solution in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. The parties may mutually extend the term of this Agreement for up to two additional 24 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $3,407,859.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Name: Diana Zertuche-Garza Department: Utilities Phone: (361) 826-1827 Email:dianaG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street,Corpus Christi, TX 78410 Fax: (361) 826-4488 IF TO SUPPLIER: Carus Corporation Attn: Susan Buchanan Title: VP, CFO Address: 315 Fifth Street, Peru , IL 61354 Fax: (815) 224-6697 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 SUPPLIER Signature: � i, 1, Printed Name: David J I(pzy Title: CEO Date: September 27, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1266 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A - Scope of Work 4.1 General Requirements The Supplier shall provide Sodium Permanganate Solution as outlined in this Scope of Work to be used at the City of Corpus Christi Water and Wastewater Treatment Plants. This chemical is used for algae control in water and must conform to all the requirements of this specification. 4.2 Scope of work The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, and the chemical analysis must include the percentage of assay, specific gravity and pH. MATERIAL REQUIREMENTS: The Sodium Permanganate Solution delivered under this agreement will meet the following specifications: Item Weight Assay 39.5 - 41.0% as NaMn04 pH 5.0 - 8.0 Specific gravity 1.36 - 1.39 Certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 for drinking water treatment chemicals -health effects. The product should meet the AWWA Standard B603-03; EN: 15482-2007. 4.3 Delivery and Weighing Requirements 1. The Supplier will be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. 2. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. 3. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three (3) months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an independent laboratory chosen by the City, and tested for all items outlined in the product specifications. 4. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. 5. Deliveries of Sodium Permanganate solution must be by drivers thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for sodium permanganate solution. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. 6. The Supplier shall allow two (2) hours "unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two (2) hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. 7. Shipment(s) will be delivered in approximately 36,000 Ib. lots. Each chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the water treatment plants. 8. The Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Water Supervisor within 5 business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. 9. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. 10. Orders will be placed by telephone or email. The Supplier will deliver the amount of Sodium Permanganate solution ordered within twenty-four (24) hours of order placement. No minimum or maximum purchase of Sodium Permanganate Solution is guaranteed by the City within the duration of the contract. 4.4 Deliveries will be made to the following location: O.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, TX 78410 4.5 Other Requirements 1. All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Supplier shall base its billing and quantity for each chemical shipment on "local" certified weight tickets for the delivery of Sodium Permanganate Solution. 3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. 4. Prior to initial use of the Sodium Permanganate solution, and annually thereafter, the Supplier shall conduct a minimum of two (2) training seminars for the City's operating personnel on the application and control of the Sodium Permanganate solution, and shall include the following: a. Basic chemical properties of the Sodium Permanganate solution b. Safety training c. Equipment operation/set up d. Safety Data Sheet 4.6 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid Price/Schedule GoU CITY OF CORPUS CHRISTI C�j�, 111 'P-Agi') BID FORM v/ PURCHASING DIVISION ago RFB No. 1266 Powa,E� x$52 Sodium Permanganate Solution PAGE 1 OF 1 Date: September 18, 2017 Authorized Bidder: Carus Corporation Signature: `1.r1,(/�'i;%'j " ��"�� ''� ° Susan BuchananNP, CFO 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price 1 40 % Solution Sodium Permanganate Lbs. 1,456,350 $1.17 $1,703,929.50 2 Unloadin • Dela HR 25 N/A $0.00 Total �� ,,I._ $1.703.929.50 Attachment C - Insurance Requirements SUPPLIER'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' 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 Pollution Liability (Including Cleanup and remediation $1,000,000 Per Incident Limit $1,000,000 Aggregate 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non -renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Utilities Supply and Deliver Sodium Permanganate 06/28/2017 sw Risk Management Attachment D - Warranty Requirements No warranty requirements for this supply agreement; Section 8. Warranty is null for this supply agreement. 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. Carus Corporation Peru. IL United States 2 Name of govemmentet entity or state agency that is a party to the contra t for which the form is being filed. City of Corpus Christi FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-264112 Date Filed: 09/22./2017 Date Acknowledged: 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. 749 Manufacture and delivery sodium permanganate 4 Name of Interested Party Kuzy, David J. Buchanan, Susan Nature of interest City, State, Country (place of business) (check applicable) Controlling Intermediary Peru, IL United States Peru, IL United States x x 5 check only if there is NO Interested Party, 6 AFFIDAVIT OFFICIAL SEAL SHELLEY A BURR NOTARY PUBLIC - STATE OF ILLANOMS MY COMMISSION EXPIRES:04111/18 AFFIX NOTARY STAMP ! SEAL ABOVE 1 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 � �` �� 1 r.,� , this the D_'1 — day of 20 lT , to certify which, witness my hand and seal of office. Signature of a r administering oath Printed name of office administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Cumrnission www.emics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV@cctexas.com 361-826-3445 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com 361-826-3169 Section 125 Cafeteria Plan Administration Services, with a Total Potential Multi-year Amount of Up to $178,062.00 CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFIex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017- 18 in the Employee Fund. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $178,062.00. PURPOSE: This service agreement is for Section 125 Cafeteria Plan Administration Services for City employee who elect flexible spending account and dependent care assistance programs. BACKGROUND AND FINDINGS: Section 125 Plans refer to written plans offered under the Internal Revenue Code Section 125 that allows pretax deduction of health insurance and other benefit plan premiums. These plans, more commonly known as Cafeteria Plans, not only reduce employees' tax burden but also save employers money by eliminating employer -required matching of Social Security and Medicare taxes on these pre-tax deductions. The Section 125 plan also permits employees to elect flexible spending account and dependent care assistance programs which allow employees to re -direct some of their pay on a pre-tax basis to use for eligible medical or dependent care expenses for themselves and their family. Application Software, Inc., dba ASIFIex will be administering these benefit plans. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received seven responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Application Software, Inc., dba ASIFIex. 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: Human Resources FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $46,550.00 $145,417.30 $191,967.30 Encumbered / Expended Amount $10,901.00 $0.00 $10,901.00 This item $32,644.70 $145,417.30 $178,062.00 BALANCE $3,004.30 $0.00 $3,004.30 Fund(s): Other Employee Fund Comments: The initial contract is for an amount not to exceed $35,612.40, with $32,644.70 is funded in FY2017-18. Total potential multi-year amount of up to $178,062.00. Annual funding will be requested during future budget years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVAALVARADO BID TABULATION RFB 1262 -SECTION 125 CAFETERIA PLAN ADMINISTRATION $48,288.00 $43,459.20 $39,576.00 $35,612.40 $36,216.00 $36,716.00 $43,252.00 Total JoLin Benefit Administrative Application Frates Benefit HealthSCOPE WageWorks, Inc. Software, Inc., Maestro Health Administrators Services dba, Administrators Benefits Corporation ASIFIex ITEM DESCRIPTION UNIT QTY Houston, TX Madison, WI San Mateo, CA Columbia, MO Oklahoma City, OK Little Rock, AR Chicago, IL ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL UNIT UNIT UNIT UNIT UNIT UNIT UNIT TOTAL TOTAL TOTAL TOTAL ANNUAL TOTAL TOTAL PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE TOTAL PRICE PRICE PRICE 1 Start Up Fee LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,000.00 Annual Administration EA 5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 Fee FSA Administration EA 950 $4.00 $45,600.00 $3.60 $41,040.00 $3.40 $38,760.00 $2.95 $33,630.00 $3.00 $34,200.00 $3.00 $34,200.00 $3.50 $39,900.00 3 Fee- w/debit card FSA Administration EA 20 $4.00 $960.00 $3.60 $864.00 $3.40 $816.00 $2.95 $708.00 $3.00 $720.00 $3.00 $720.00 $3.50 $840.00 4 Fee- w/o debit card D.C.A.P. Administration EA 36 $4.00 $1,728.00 $3.60 $1,555.20 $0.00 $0.00 $2.95 $1,274.40 $3.00 $1,296.00 $3.00 $1,296.00 $3.50 $1,512.00 5 Fee Non Discrimination LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $500.00 $0.00 $0.00 6 Testing Plan Document LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Creation & 7 Maintenance Customized Reporting or LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 Programming $48,288.00 $43,459.20 $39,576.00 $35,612.40 $36,216.00 $36,716.00 $43,252.00 SERVICE AGREEMENT NO. 1262 Section 125 Cafeteria Plan Administration THIS Section 125 Cafeteria Plan Administration Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Application Software, Inc. dba ASIFIex ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Section 125 Cafeteria Plan Administration in response to Request for Bid/Proposal No. 1262 ("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 Sectiton 125 Cafeteria Plan Administration ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to four additional 12 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $35,612.40, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Rose Bond Human Resources 361-826-3878 RoseB2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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, 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Rose Bond Health Benefits Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361-826-3322 IF TO CONTRACTOR: Application Software, Inc., dba ASIFIex Attn: John M. Riddick President/CEO 201 West Broadway, Bldg 4C, Columbia, MO 65203 Fax: 573-499-1840 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTO Signature: i ' • Printed Name. _)gcksern Title: VP S DWI -5d Date: 10 - 4- 20f1 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1262 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A: Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide Section 125 Plan Administration services, Flexible Spending Account and Dependent Care, as outlined in this Scope of Work. The City's Section 125 Plan is attached as Exhibit A and the current census is attached as Exhibit B. B. The City or agents reserves the right to audit Contractor's performance by reviewing pertinent records and documentation, including clinical records, subject to appropriate confidentiality requirements. C. Contractor must be able to implement the program with an effective date of October 1, 2017. 2. Scope of work A. The Contractor shall provide the following services and access levels. 1. Administration and reimbursement of eligible expenses of the Flexible Spending Account in compliance with all federal regulations, including paper and electronic submission of claims, as well as provision of a debit card. 2. Administration and reimbursement of eligible expenses for the Dependent Care Assistance Program, including paper and electronic submission of claims. 3. Standardized reporting to both members and administration regarding account balances. 4. Toll free customer service access, as well as online member customer service access. 5. Non-discrimination testing (if applicable). 6. Creation of required Plan Documents and forms. Page 1 of 2 B. The Contractor must be properly licensed to conduct Section 125 Cafeteria Plan Administration services. 3. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall provide supervision of the work to insure it complies with the contract requirements. 4. Special Instructions A. The Contractor shall conduct customer satisfaction surveys and provide a copy of most recent results. B. The Contractor shall provide in detail any subcontract portion of Section 125 Cafeteria Plan Administration services. Page 2 of 2 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1262 Section 125 Cafeteria Plan Administration Date: September 18, 2017 Authorized Bidder: Application Software, Inc. dba ASIFIex Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Start Up Fee LS 1 FREE FREE 2 Annual Administrative Fee EA 5 FREE FREE 3 FSA Administration Fee - with Debit Card EA 950 $2.95 $2,802.50 mo. $33,630 ann. 4 FSA Administration Fee - without Debit Card EA 20 $2.95 $59 mo. $708 ann. 5 D.C.A.P Administration Fee EA 36 $2.95 $106.20 mo. $1,274.40 ann. 6 Non -Discrimination Testing (If applicable) LS 1 FREE FREE Plan Document Creation &7 Maintenance LS 1 FREE FREE 8 Customized Reporting or Programming LS 1 FREE FREE Optional Travel: Meetings $250 per day/plus travel. Total $2,967.70 mo. $35,612.40 ann. Attachment C: Insurance Requirements A. PROPOSER'S LIABILITY INSURANCE 1. Proposer must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Proposer must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Proposer must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended Page 1 of 4 3. In the event of accidents of any kind related to this agreement, Proposer must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Proposer must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Proposer will be promptly met. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Proposer 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. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 2 of 4 reporting period provisions and identify any limitations regarding who is insured. CRIME/EMPLOYEE DISHONESTY Contractor shall name the City Corpus Christi, Texas as Loss Payee of $1,000,000 Per Occurrence WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Proposer must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Proposer must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Proposer will be promptly met. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Proposer 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. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 2 of 4 4. Proposer agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Proposer shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Proposer's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Proposer'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 Proposer to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this agreement. Page 3 of 4 8. It is agreed that Proposer'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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Purchasing - HR Benefits Section 125 Plan Administration Services 07/26/2017 sw Risk Management Page 4 of 4 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. 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: 2017-268689 Date Filed: 10/04/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Application Software Inc Columbia, MO 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. RFB 1262 Administration of Flexible Benefits Plan for the City of Corpus Christi. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Riddick, John Columbia, MO United States X 5 Check only if there is NO Interested Party. 6 A ll I 1 AFFIX Sworn 20 ^ 4 PATRICIA L HOUSE Notary Public - Notary Seal Boone County - State of Missouri Commission Number 13837754.A My Commission Expires Jul 14, 2021 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said I , to certify w ich, itn ss my hand I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 7 f ' / •, — /"'� y Signature of authorized agent of contracting business entity , this the -a day of 1 s • , and seal of office. 7C4 /714 LL f/ l I 6‘,CA.._' A:-/ i , , 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 V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(a�cctexas.com (361) 826-3169 Supply Agreement for Office Supplies City -Wide for a Two-year Not to Exceed Amount of $1,626,800.74, with Two Additional One-year Options and a Total Potential Multi -Year Amount of $3,253,601.48 CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $3,253,601.48. PURPOSE: To approve a supply agreement with Gateway Printing an Office Supply, Inc., to provide office supplies citywide. BACKGROUND AND FINDINGS: This competitive procurement continues the consolidation of the City's office supplies into one centralized supply agreement. The supplier will provide not only the commodities, but the service, transportation/freight, material tracking and delivery competences necessary to provide the City with next -day delivery. This supply agreement will serve approximately 50 physical locations for the City of Corpus Christi with their office supplies requirement. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bid, and two no bid and is recommending the award to the lowest responsive, responsible bidder, Gateway Printing & Office Supply, Inc. Gateway Printing & Office Supply, Inc. is offering a Rebate Program to the City of Corpus Christi of 2% for office supply contract purchases. The rebate check will go into the General Fund. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These purchases conform to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Various FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $813,400.37 $2,507,984.47 $3,321,384.84 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $745,617.01 $2,507,984.47 $3,253,601.48 BALANCE $67,783.36 $0.00 $67,783.36 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $1,626,800.74, of which $745,617.01 is funded in FY2017-18. The total estimated contract value will be $3,253,601.48 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB1257 - Office Supplies ITEM DESCRIPTION UNIT A&W Office Supply,Inc. Corpus Christi, TX (ateway Printing & Office Supply, Inc. Corpus Christi, TX Office Depot, Inc Boca Raton, FL Adorama, Inc New York, NY Algae Solution Culver City, CA UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1 8.5x11 White Copy Paper CS $29.00 $24.00 $27.50 No Bid No Bid 2 8.5x14 White Copy Paper CS $39.45 $36.50 $39.99 No Bid No Bid 3 11x17 White Copy Paper RM $6.20 $5.90 $7.01 No Bid No Bid 4 8.5x11 Laser Paper RM $5.10 $3.50 $4.68 No Bid No Bid 5 Cartridge, HP950XL, Blk EA $33.31 $15.00 $32.97 No Bid No Bid 6 Cartridge, HPCE285A, Blk EA $57.16 $25.00 $59.95 $68.63 No Bid 7 Cartridge, HEWCE260A, Blk EA $132.83 $60.00 $139.31 No Bid No Bid 8 Cartridge, PH93XL, Blk EA $29.14 $13.00 $28.84 No Bid No Bid 9 Cartridge, HPCE390A EA $143.69 $65.00 $150.72 $161.07 No Bid 10 Cartridge, HP564XL, Blk EA $18.85 $10.00 $22.11 No Bid No Bid 11 Catalog Discount 71.02% 88% 48% 1% No Bid SUPPLY AGREEMENT NO. 1257 Office Supplies THIS Office Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Gateway Printing & Office Supplies ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Office Supplies in response to Request for Bid No. 1257 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Office Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. The parties may mutually extend the term of this Agreement for up to two additional 12 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,626,800.74, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Maria Pedraza Finance 361.826.3176 MariaPeCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Maria Pedraza Procurement Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361.826.3174 IF TO SUPPLIER: Gateway Printing & Office Supply, Inc. Attn: Butch Shook Sr. Vice President 4934 Greenwood Drive, Corpus Christi, TX 78416 Fax: 361.225.3055 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1257 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide office supply and deliver to approximately of 50 physical locations city wide, each of which may have multiple desk top delivery locations. B. Historical Expenditures: October 2016 - July 2017 $598,412.64 October 2015 - September 2016 $449,292.68 October 2014 - September 2015 $563,276.72 2. Scope of Work A. The Contractor shall make available a full selection of office supplies including name brand toners for copiers and printers. B. The cost of delivery shall be incorporated in the cost of the items under this contract. Contractor shall not charge any extra charge for delivery. C. Desktop delivery to the person who placed the order is required. This requirement is of importance in large facilities such as City Hall. D. With the exception of special -order items, the Contractor shall provide next business day delivery of items. Orders placed after 3:00 pm shall be delivered on the second business day. E. In cases where the Contractor cannot meet the lead time, or does not offer requested product required by the City, the City reserves the right to secure items from other sources. F. The City will not be required to place a minimum order size. G. Contractor shall not charge a restocking fee or freight charges for returns made within 30 days of order. Contractor will assume freight/delivery charges for returned items. Page 1 of 2 H. The Contractor shall make available to the City a website which orders may be placed. Contractor's website shall have the capability to suggest to the purchaser name brand and "non -brand name equivalents/store-brands". 3. Work Site and Conditions The Contractor is not required to have a physical location in Corpus Christi. 4. Special Instructions A. The Contractor will provide a single point of contact who will have primary responsibility for the administration of the contract. B. Contractor will be available to take orders via telephone during the City's hours of operation, which are: Monday -Friday 8:00 am - 5:00 pm Central Time except the following holidays during which the City is closed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Day after Thanksgiving, and Christmas Day. Page 2 of 2 oerax 1882 Date: 5(2° t/ Bidder: V e.wuy tri �Eir 1 d ' i(riIN< Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1257 Office Supplies Authorized 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 Oppor'unity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. The following list of items is just a sample of the most commonly used items. This bid form is for comparison purposes to determine the lowest cost provider. Item Description 1 4 Paper UPC UN Unit Price Total Price 8.5X1 1 White Copy Paper 8.5X14 White Copy Paper 11X17 White Copy Paper 8.5X1 1 Laser Paper, WE Ink Cartridge 723382885019 CS $z`f..00 t 2e -f.00 728062400029 CS 3� .ro 4 3cp.5° 723382300185 RM $ 5.9p 035255450010 RM .13.50 3.50 5 Cartridge, Inkjet, HP950XL, Blk 88611 1609680 EA $ 15 00 15,00 Gateway Printing & Office Supply, Inc. Value of contract is based on the projected budget by organization for fiscal year 2017-2018. Pagel of 3 6 Cartridge, HP CE285A, Blk 3525575575 EA 4 .6t5 7 Cartridge, HEWCE260A, Blk 884420186816 EA 8 Cartridge, IJ,HP 932XL, Blk 9 10 Cartridge, HP CE390A, Blk, 10K Cartridge, Ink, HP 564XL, Blk 886111601462 653598105840 886111234295 EA ( 3 D $ . EA , 00 EA o Total General Office Supplies 11 Catalog Discount Percentage See Exhibit "A" for Rebate Program Gateway Printing & Office Supply, jr.c. Page 2 of 3 Q PRINTING OFFICE SUPPLIES • OFFICE FURNITURE Exhibit "A" Bid Close Date: 9/6/2017 10:00 AM CT Re: Gateway Office Supply Rebate Program Bid: City of Corpus Christi Texas RFB No. 1257 Office Supplies 2% rebate for Office Supply contract purchases • Rebate program terms: This rebate program is for the length of term set forth in the City of Corpus Christi Texas RFB No. 1257 Office Supplies (Including any and all extensions) • Rebate program is for Primary Supplier Status only. • Rebates to be paid annually within the first quarter of the following term of the contract. • Rebates to be paid on invoices that are paid within Gateway's net 30 payment terms. • Rebate payment exclusions: - Copy Paper - OEM Toners (IE: HP Brand, etc...) - Furniture Gateway Printing & Office Supply, Inc. 4934 Greenwood Dr. Corpus Christi, TX 78416 (361)225-0772 www.gatewayp.com Page 3 of 3 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract 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 AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' 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 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. B. Additional Requirements 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 2. Contractor shall be required to submit renewal certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 3. 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. 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 ten calendar days advance written notice for nonpayment of premium. 4. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 6. 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 properly resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 7. 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. 8. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Office Supply Delivery Service 07/03/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirements Section 8. Warranty is null for this Supply 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 parties. OFFICE USE ONLY i CERTIFICATION OF FILING Certificate Number: 2017-256529 Date Filed: 09/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Gateway Printing & Office Supply, 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 Texas 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. RFB No. 1257 Office Supplies Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Shook, Butch San Antonio, 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 i5 true and correct. -- osis ub,, ;.owe PUo 1. TERESA STOUTON :°.'y{•'s Notary Public. State of Texas *:.0.1, Comm, Expires 10-16-20191- %.,eoFiE. / - ,„,,,,„soNofary ID 13040649.8 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said /iQ t/T Lv'� n/ a.0 vt_— this the day of SVin te/-•, _ 20_1__, to certify which, witness my hand and seal of office. Pit.)Q oath Siy.:ature Of uffkl.Or acirmii6lelirrg oath Printed name of officer administering oath Title of officer administering Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 24, 2017 Second Reading for the City Council Meeting of October 31, 2017 DATE: September 29, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning Property located at 6113 Durant Drive CAPTION: Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. PURPOSE: The purpose of this item is to rezone the property to develop a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. RECOMMENDATION: Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. Vote Results: For: 6 Against: 0 Absent: 3 Abstained: 0 City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay to allow for a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. The proposed rezoning to the "RS - 4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed use of single-family homes is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The applicant has requested a Planned Unit Development (PUD) as the mechanism to reduce the right-of- way width and minimum sidewalk requirements which are subdivision development standards. The base zoning of "RS -4.5" would allow the construction of the single-family homes. Therefore, the zoning portion does not limit the ability to construct the residences as the PUD is only addressing design criteria. The factor of the subdivision development standards would be more appropriately handled by a plat waiver request rather than a PUD. ALTERNATIVES: 1. Deny the request. 2. Approve the "RS -4.5" Single -Family 4.5 District. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The requested development can be accomplished within the "RS -4.5" Single -Family 4.5 District without the need for a Planned Unit Development (PUD). The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 6.30 units per acre and is therefore in compliance with the future land use designation. The average lot size is approximately 5,671 square feet, exceeding the minimum requirement of 4,500 square feet. According to section 3.5.4.A of the UDC regarding PUDs, "The development is in harmony with the character of the surrounding area. The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. The orderly and creative arrangement of all land uses with respect to each other and to the entire community." The proposed PUD does not provide any attributes of "housing types, employment opportunities or commercial services." According to section 6.2.1.A of the UDC, "The Planned Unit Development Overlay zoning district encourages the unified design of a mix of residential, commercial, office, professional, retail or institutional uses. It is further the intent of this article to provide for: a maximum choice in the types of environment and living units available to the public; An integration of open space and recreation areas with residential development; A pattern of development which preserves trees, outstanding natural topography and geologic features; A creative approach to the use of land and related physical development; An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and maintenance costs, without material, adverse impact on public costs; An environment of stable character in harmony with surrounding development; The development of vacant property within the presently developed urban area; The redevelopment of property where desirable by providing flexibility in redesign; and the production of a higher level of amenities." The proposed PUD offers no additional amenities nor open space/recreational areas. The applicant contends that the athletic fields of Blanche Moore Elementary School should be used to satisfy the open space requirement. The applicant has not produced documentation from Corpus Christi Independent School District authorizing the use of elementary athletic fields for use by a residential subdivision to meet the development requirements of a PUD. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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 Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single - Family 4.5 District with a 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 Luxury Spec Homes, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay, and on Tuesday, October 24, 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 Luxury Spec Homes, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay (Zoning Map No. 043033), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Luxury Estates 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 Planned Unit Development (PUD) 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 Luxury Estates Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 17 single-family lots. 2. Dwelling Units per Acre: The density of dwelling units shall not exceed 6.30 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the development is 4,500 square feet. 4. Lot Development Standards: All development within the Property shall comply with the minimum requirements of the "RS -4.5" Single-family 4.5 District with the exception that the lots that side on Durant Drive shall have a street side yard of not less than ten (10') feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way shall be a minimum of 40 feet in width and the street cross-section of not less than 28 feet back of curb to back of curb. A 5 -foot wide sidewalk shall be constructed along one side of the roadway as shown on the master site plan. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. 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 official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc..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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc..docx Page 3 of 3 41vw • 4*** 4* it*• 44** • CASE: 0917-01 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 in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 x= 11.2121113 soamoo c10 A.110 f - Oa roccflOA ,11.01120VNIVIKI 11.21211-13 saamon c101.113.5,1, ,LO'ZTZ /11.17S ,E11 0119N .00 69 i HOT ,SI .T9S 0 .C5 EH \\ .2.0/117. DI L L J N28° 35' 37"E 553.83' C34 .R.,217. 01 0 1-1 ZIF .05201 ,LO'ZIZ 3„OT ,811 0119S AVM 30 IHi9ITI ,09 HADTG .Lrw If1G 1— n CHS S LUXURY ESTATES PLANNED UNIT DEVELOPMENT Development Description: Luxury Estates Planned Unit Development is a proposed single-family development. The developer proposes to construct 17 single-family residential units on a 2.70 -acre tract of land that was previously a public park. The developer intends to develop the property in a single phase. The requested zoning is from the current "F -R" Farm -Rural District to a "RS -4.5" Single-family Residential 4.5 District with a Planned Unit Development overlay. Deviations from the standard regulations are a 5 -foot wide sidewalk along one side of the public roadway, 40 -foot wide right-of-way, 10 -foot side yard. This development will be an extension of the single-family residential area to the north. Location Map: 1ru4c'Y Date'.112E7 .. 61.ar 11 9)"22'23.30,3^,-. Deviation Table: LUXURY ESTATES SUBDIVISION "RS -4.5" District Planned Unit Development Deviation Minimum Lot Area 4,500 sq. ft. 4,500 sq. ft. Lots ave. — 5,670 sq. ft. No Density 9.68 units per acre 6.30 units per acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Street Yard 20 ft. 20 ft. No Minimum Street Yard (Corner) 20 ft. 10ft. Yes Minimum Side Yard 5 ft. 5 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35ft. No Required Off -Street Parking 2 spaces/unit 2 space/unit No Right -Of - Way Width 50 ft. 40 ft. Yes Pavement Width 28 ft. 28 ft. No Curb and G utter 6 in. 6 in. No Sidewalks 4 ft. on each side 5 ft. on one side Yes Drainage Easement 20 ft. with RCP pipe 20 ft. with HDPE pipe Yes Luxury Estates Page 2 Amenities Provided: Speed Hump 5 -foot wide sidewalk Landscaped entrance Lower speed limit — 25 mph Deviation Requests: Right -of -Way: Due to the narrowness of the tract of land, providing the typical 50 - foot right-of-way would impact the typical floor plan created by the developer. This would in turn raise the cost of the homes for sale. The reduced right-of-way will not impact the actual roadway since it will be the standard 28 -foot back -of -curb to back -of -curb, nor will it impact the placement of the public utilities. Sidewalk: The ordinance requires a 4 -foot wide sidewalk on each side of the roadway. The developer is requesting a 5 -foot wide sidewalk along one side of the roadway. The 5 -foot width provides ample room for people using the sidewalk to easily pass one another without having to step onto the grass or roadway. Since the road is slightly longer than a football field (466 feet) and there is no through traffic, the sidewalk on one side of the roadway will have minimal impact on the quality of life in this subdivision. Drainage Easement: The developer will be providing a 20 -foot wide drainage easement as required by the ordinance, but is requesting that an HDPE pipe be used in lieu of the typical RCP. Staff has allowed the use of HDPE pipe provided it is not under paved streets and limit the diameter of the pipe. The proposed HDPE drainage pipe will be located within a 20 -foot wide drainage easement within Lot 8 (see attached Master Plan). Corner Lot Side Setback: The ordinance requires that when a lot (Lot A) backs up to lot (Lot B) that has a front yard setback, the side yard of Lot A must equal to the required front yard of the zoning district. The developer is requesting a deviation from that requirement. Proposed Lot 1 backs up to the school property which fronts on Durant Drive and has a 25 -foot front yard setback. Therefore by ordinance, Lot 1 would be required to provide 20 -foot setback along both Durant Drive and Katie Court. The setback is required to reduce any adverse impact the corner lot may have on the rear lot. Allowing the reduction of the side yard setback to 10 feet will not affect the school since the building is set back approximately 160 feet. Proposed Lot 17 backs up to a vacant tract of land. If the property develops with single-family residential, there is a high probability that the lot behind Lot 17 will side on Durant Drive and require only a 10 -foot side yard setback. If the property develops with apartments, as the current owner wishes, the apartment buildings will be set back at least 60 feet. Luxury Estates Page 3 r 1 IISLZIRD Saar.. 2-10 a 15'1 S28° 35' 37'W 354.09' soa ,LOZIZ ALS; vI9M L e® O 28235'3 ''E 533.83' 0 a Dr VF 11F M:31R1LV1fi1'! A .L.071 3,.01E ST 19S } Atl.M 30.LII`JIil O9 1¢F ^�C HARJU S,�I62IfIQ 4- 1 Luxury Estates Page 4 Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5" Single -Family 4.5 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 Luxury Spec Homes, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay, and on Tuesday, October 24, 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 Luxury Spec Homes, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "RS 4.5" Single -Family 4.5 District (Zoning Map No. 043033), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc. - RS45.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc. - RS45.docx Page 3 of 3 41vw • 4*** 4* it*• 44** • CASE: 0917-01 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 in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 Zoning Case #0917-01 Luxury Spec Homes, Inc. From: "FR" Farm Rural District To: "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development City Council Presentation October 24, 2017 Aerial Overview Subject Property at 6113 Durant Drive N Zoning Pattern Staff Recommendation Denial of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development, in lieu thereof Approval of the "RS -4.5" Single -Family 4.5 District. Planning Commission Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development. Planned Unit Development (PUD) S247 5 371.1." S.54.179. • X iATIE COURT RICWr OF WAY in 1 • A.1111.11.11111. MIL NW AS" 37E 5$325 AAP IWO OLCIONKMM 1 -I•11. 1 — /airnIV, 7 Planned Unit Development (PUD) Durant Park Lot Sq. ft. Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 6,707 5,400 5,400 5,400 5,400 5,400 5,352 7,680 6,075 7,116 5,047 5,095 5,095 5,095 5,095 5,095 Lot 17 5,947 PUD Profile: • 17 Lots • Range: 5,047 — 7,680 sf. • Avg. Lot Size: 5,671 sf. • Density: 6.30 du/ac Additional Lot Details: • Smallest Lot: 5,047 sf. • Largest Lot: 7,680 sf. • Median: 5,400 sf., 5 Lots = 29%, • All Lots > 4,500 sf. • 4 or 24% of Lots > 6,000 sf. Planned Unit Development (PUD) LUXURY ESTATES SUBDIVISION "RS -4.5 District Planned Unit Development DeViation j Minimum Lot Area Density 4,500 sq. fl. 4.500 sq. ft. Lots ave. — 5,670 sq. ft. No 9.68 units per acre 6-30 units per acre No Minimum Lot Width Minimum Street Yard 4501 4511. No 20 01 2011. No Minimum Street Yard {Corner) 20 0. 1011 Minimum Side Yard Minimum Rear Yard Minimum Open Space Maximum Height 5ft. 51. No 501. 5 ft. No 30% 30% No 35 ft. 3501. No Required Oft•Street Parking Right -Of• Way Width Pavement Width Curb and Gutter Sidewalks Drainage Easement 2 spacesfunit 2 spacerunl 50 01 40 ft NO 28 ft. 28 ft. No 6 in. 6 in. No .1 fton each Side 5ft. on one side Yes 20 01 with RCP pipe 20 01 with HDPE pipe Yes Amenities: • Speed Reduction (25 mph) • Speed Hump • 5' Sidewalk (1 side of street) • Neighborhood Entry Feature with Landscaping PLANNING COMMISSION FINAL REPORT Case No. 0917-01 INFOR No. 17ZN1027 Planning Commission Hearing Date: September 20, 2017 Owner: Luxury Spec Homes, Inc. m •- Applicant/Representative: Miguel Saldana y Location Address: 6113 Durant Drive a °5 o Legal Description: Blanche Moore Subdivision, Lot 2 a)v) o 'E o 0 N From: "FR" Farm Rural District To: "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay Area: 2.697 acres Purpose of Request: To develop a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant (Former park) Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Medium Density Residential South "RS-6/PUD" Single -Family 6 with a Planned Unit Development Overlay Vacant, Drainage, and High Density Residential Medium Density Residential East "FR" Farm Rural Public/Semi- Public Government West "RS -6" Single -Family 6 Vacant Agricultural o N ca E a o a5 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) is inconsistent with the adopted Future Land Use Map which calls for medium density residential. Map No.: 043033 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 212 feet of street frontage along Durant Drive which is designated as a Local/Residential Street. Staff Report Page 2 16 § • Lpi+ N ci Street Urban Transportation Plan Type Existing Section Traffic Volume Durant Drive Designed to Minor Residential Collector Standard 60' ROW 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) to allow for the construction of a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. Development Plan: The subject property is comprised of 2.697 acres and is proposed to be a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. The density proposed is approximately 6.30 units per acre. The 17 lots will range in area between 5,352 and 7,680 square feet in size. Vehicular access will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 foot paved street width. Pedestrian access will be provided by a 5 foot sidewalk on one side of the street. The PUD amenities include a lower traffic speed limit of 25 miles per hour (mph), 5 foot sidewalk on one side of the street, a neighborhood entry feature and wall with landscaping, and a speed hump. A standard parking space requirement of 2 spaces per unit will be met. 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 "RS -6" Single -Family 6 District, the "RS -4.5" Single -Family 4.5 District, and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 4,500 sf. No Minimum Lot Width 50 ft. 45 ft. 45 ft. No Street Yard 25 ft. 20 ft. 20 ft. No Street Yard (Corner) 25 ft. 20 ft. 10 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft. 35 ft. 35 ft. No Paved Street Width 28 ft. 28 ft. 28 ft. No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Staff Report Page 3 Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 4 ft. on both sides 4 ft. on both sides 5 ft. on one side Yes Speed Limit 25 mph 25 mph 25 mph No Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural and is vacant land. To the north are single-family residences (Wooldridge Creek Unit 12 Subdivision) zoned "RS -6" Single -Family 6 District. Wooldridge Creek Unit 12 was zoned to the "RS -6" Single -Family 6 District in 2004 and the homes were constructed between 2005 and 2007. To the east is Blanche Moore Elementary School and single-family residences (Wooldridge Creek Unit 2 Subdivision) zoned "RS -6" Single -Family 6 District. Wooldridge Creek Unit 12 was zoned to the "RS -6" Single - Family 6 District in 1979. To the south is the Wooldridge -Staples storm water ditch consisting of an 85 foot drainage right-of-way and a depth of 6.13 feet deep. Across the storm water ditch is the Bent Tree Planned Unit Development zoned "RS-6/PUD" Single -Family 6 with a Planned Unit Development (PUD). To the west are vacant properties zoned "RS -6" Single -Family 6 District. A rezoning case was proposed in 2015 for the construction of an apartment complex of 160 units, but was withdrawn. Neighborhood opposition was 36% along with a petition of 108 signatures. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) is inconsistent with the Future Land Use Map, the Southside ADP, and PIanCC. The proposed rezoning is inconsistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also Staff Report Page 4 incompatible with neighboring properties and with the general character of the surrounding area. • The property is currently vacant and is a remaining "FR" Farm Rural tract and has never been developed. • Surrounding properties have been rezoned within the past twelve years indicating a pattern towards commercial development within the Esplanade Medical Center. However, the surrounding residential neighborhoods are zoned "RS -6" Single -Family 6 District. • The requested development can be accomplished within the "RS -4.5" Single -Family 4.5 District without the need for a Planned Unit Development (PUD). • The proposed PUD meets the Unified Development Code (UDC) requirements except the street yard (corner), right-of-way width, sidewalk requirements, and drainage requirements. • The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 6.30 units per acre and is therefore in compliance with the future land use designation. • The average lot size is approximately 5,671 square feet. • The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. The applicant is requesting a reduced right- of-way width of 40 feet with a 28 foot wide paved street surface. • The PUD proposes all infrastructure will be publically maintained. • According to section 3.5.4.A of the UDC, "The development is in harmony with the character of the surrounding area. The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. The orderly and creative arrangement of all land uses with respect to each other and to the entire community. • According to section 6.2.1.A of the UDC, "The Planned Unit Development Overlay zoning district encourages the unified design of a mix of residential, commercial, office, professional, retail or institutional uses. It is further the intent of this article to provide for: a maximum choice in the types of environment and living units available to the public; An integration of open space and recreation areas with residential development; A pattern of development which preserves trees, outstanding natural topography and geologic features; A creative approach to the use of land and related physical development; An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and maintenance costs, without material, adverse impact on public costs; An environment of stable character in harmony with surrounding development; The development of vacant property within the presently developed urban area; The redevelopment of property where desirable by providing flexibility in redesign; and the production of a higher level of amenities." • The proposed PUD offers no additional amenities nor open space/recreational areas. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff disagrees with the proposed deviations described in the PUD document. Staff Report Page 5 Staff Recommendation: Denial of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development, in lieu thereof approval of the "RS -4.5" Single -Family 4.5 District. Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development (PUD) with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Luxury Estates Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 17 single-family lots. 2. Dwelling Units per Acre: The density of dwelling units shall not exceed 6.30 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the development is 4,500 square feet. 4. Lot Development Standards: All development within the Property shall comply with the minimum requirements of the "RS -4.5" Single-family 4.5 District with the exception that the lots that side on Durant Drive shall have a street side yard of not less than ten (10') feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way shall be a minimum of 40 feet in width and the street cross-section of not less than 28 feet back of curb to back of curb. A 5 -foot wide sidewalk shall be constructed along one side of the roadway as shown on the master site plan. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. 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: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff Report Page 6 Public Notification Number of Notices Mailed — 23 within 200 -foot notification area 5 outside notification area As of September 15, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 4 inside notification area — 0 outside notification area Totaling 5.71% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Master Site Plan and PUD Documents C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\PC Documents\Staff Report_0917-01_Luxury Spec Homes, Inc..docx 41vw • 4*** 4* it*• 44** • CASE: 0917-01 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 in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 x= 11.2121113 soamoo c10 A.110 f - Oa roccflOA ,11.01120VNIVIKI 11.21211-13 saamon c101.113.5,1, ,LO'ZTZ /11.17S ,E11 0119N .00 69 i HOT ,SI .T9S 0 .C5 EH \\ .2.0/117. DI L L J N28° 35' 37"E 553.83' C34 .R.,217. 01 0 1-1 ZIF .05201 ,LO'ZIZ 3„OT ,811 0119S AVM 30 IHi9ITI ,09 HADTG .Lrw If1G 1— n CHS S LUXURY ESTATES PLANNED UNIT DEVELOPMENT Development Description: Luxury Estates Planned Unit Development is a proposed single-family development. The developer proposes to construct 17 single-family residential units on a 2.70 -acre tract of land that was previously a public park. The developer intends to develop the property in a single phase. The requested zoning is from the current "F -R" Farm -Rural District to a "RS -4.5" Single-family Residential 4.5 District with a Planned Unit Development overlay. Deviations from the standard regulations are a 5 -foot wide sidewalk along one side of the public roadway, 40 -foot wide right-of-way, 10 -foot side yard. This development will be an extension of the single-family residential area to the north. Location Map: 1ru4c'Y Date'.112E7 .. 61.ar 11 9)"22'23.30,3^,-. Deviation Table: LUXURY ESTATES SUBDIVISION "RS -4.5" District Planned Unit Development Deviation Minimum Lot Area 4,500 sq. ft. 4,500 sq. ft. Lots ave. — 5,670 sq. ft. No Density 9.68 units per acre 6.30 units per acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Street Yard 20 ft. 20 ft. No Minimum Street Yard (Corner) 20 ft. 10ft. Yes Minimum Side Yard 5 ft. 5 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35ft. No Required Off -Street Parking 2 spaces/unit 2 space/unit No Right -Of - Way Width 50 ft. 40 ft. Yes Pavement Width 28 ft. 28 ft. No Curb and G utter 6 in. 6 in. No Sidewalks 4 ft. on each side 5 ft. on one side Yes Drainage Easement 20 ft. with RCP pipe 20 ft. with HDPE pipe Yes Luxury Estates Page 2 Amenities Provided: Speed Hump 5 -foot wide sidewalk Landscaped entrance Lower speed limit — 25 mph Deviation Requests: Right -of -Way: Due to the narrowness of the tract of land, providing the typical 50 - foot right-of-way would impact the typical floor plan created by the developer. This would in turn raise the cost of the homes for sale. The reduced right-of-way will not impact the actual roadway since it will be the standard 28 -foot back -of -curb to back -of -curb, nor will it impact the placement of the public utilities. Sidewalk: The ordinance requires a 4 -foot wide sidewalk on each side of the roadway. The developer is requesting a 5 -foot wide sidewalk along one side of the roadway. The 5 -foot width provides ample room for people using the sidewalk to easily pass one another without having to step onto the grass or roadway. Since the road is slightly longer than a football field (466 feet) and there is no through traffic, the sidewalk on one side of the roadway will have minimal impact on the quality of life in this subdivision. Drainage Easement: The developer will be providing a 20 -foot wide drainage easement as required by the ordinance, but is requesting that an HDPE pipe be used in lieu of the typical RCP. Staff has allowed the use of HDPE pipe provided it is not under paved streets and limit the diameter of the pipe. The proposed HDPE drainage pipe will be located within a 20 -foot wide drainage easement within Lot 8 (see attached Master Plan). Corner Lot Side Setback: The ordinance requires that when a lot (Lot A) backs up to lot (Lot B) that has a front yard setback, the side yard of Lot A must equal to the required front yard of the zoning district. The developer is requesting a deviation from that requirement. Proposed Lot 1 backs up to the school property which fronts on Durant Drive and has a 25 -foot front yard setback. Therefore by ordinance, Lot 1 would be required to provide 20 -foot setback along both Durant Drive and Katie Court. The setback is required to reduce any adverse impact the corner lot may have on the rear lot. Allowing the reduction of the side yard setback to 10 feet will not affect the school since the building is set back approximately 160 feet. Proposed Lot 17 backs up to a vacant tract of land. If the property develops with single-family residential, there is a high probability that the lot behind Lot 17 will side on Durant Drive and require only a 10 -foot side yard setback. If the property develops with apartments, as the current owner wishes, the apartment buildings will be set back at least 60 feet. Luxury Estates Page 3 r 1 IISLZIRD Saar.. 2-10 a 15'1 S28° 35' 37'W 354.09' soa ,LOZIZ ALS; vI9M L e® O 28235'3 ''E 533.83' 0 a Dr VF 11F M:31R1LV1fi1'! A .L.071 3,.01E ST 19S } Atl.M 30.LII`JIil O9 1¢F ^�C HARJU S,�I62IfIQ 4- 1 Luxury Estates Page 4 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, clue tienen la intencion de asistir a esta junta V que requieren servicios esaeciales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ni mero (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 diriqirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 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. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, 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: 5 Qzio --10tc.,Qrt `t'1`r, I Rol. City/State: ry L� \rt i 'i( { ) IN FAVOR () IN OPPOSITION Phone: lot - 2 '+4 4Rfi-a.. REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1027 Property Owner ID: 13 Sign re Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 063700010240 DAME GREGORY A ET UX SAND 5930 RAVER HILL Corpus Christi, TX 78414 U.S. POSTAGE}} PITNEY BOWES ZIP 78401 $ 000.46° 02 411 0000340617 AUG 24 2017 SUBJECT PROPERTY 0.• C1wad 1,2017 R,Pr.d.Y: J4.11#62 D.p.rur.ris fDerel perrwl Sr.k..T CASE: 0917-01 SUBJECT PROPERTY WITH ZONING Subject Prcperly RM -I 10411221M14 I 14121 M_1146, M1 R111 a.011wlly O II 14Ph..lon.l 01114. S ILO Mnlanely AT CMI a.lpnlnl0od ConwunMl Cep Inpne.lPoee Can..rei.l CR.1 anon Corm a N.l Ca 2 1.102011 C01.11.11.riM1 CG 1 D..nl ConnentMi CO 2 0. 1.411 Conn.r41.1 CI Inenh. Co..n.rtLl COD Dann .2 ConorreW CRS anon Cannon ha FR Finn R...1 a e41100e W., lay O P &a.n.a. lark L Lipid Indonl.l 14 Ilnay Dan.14141 PII13 P111,014 1.11111136, Onr1., R3.10 SI. p.4 -24r lay 10 RS. Snow .Fenny .1 RSA i SIn1M.r2.1.y tI 1.13.17 Too Fanny RS 44 1Wy.Ja,-1/411 a■ RnId.nll.l Couto RS DI T..rrlrrrl.. SP SWIM P.nna NV 144+4444.044113.144412424+ RM4 140411209ryda0T. LOCATION MAP, y.N.. ilr City ul CCIIU1rist I Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intention de asistir a esta junta v que requieren servicios especiales. se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (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 diridirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 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. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017 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: G -,n 4 YAG, ` \r\ CACIOC-k• Address: ,S-9311 PAS N /JJ - c_ City/State: ca -N)-5. cU rt /71( ( ) IN FAVOR (jIN OPPOSITION Phone: E6:21 2L-14-1- t4o12. REASON: SEE MAP ON REVERSE SIDE INFOR Case No.• 17ZN1027 Property Owner ID: 21 Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 21 063700010230 SHADDOCK JONATHAN E AND BRANDI N SHADDOCK HUSB & 5934 Raven Hill Rd Corpus Christi, TX 78414 yi4 U.S. POSTAGE >> RINEY BOWES 4r ZIP 784010 02 4vr ' 000a46 00003406 17 AUG 24 2017 kJP. StiC t5.0..ctir J 1 � 1 3� ON RS -6 411101* 974,,,,4 SUBJECT PROPERTY a Tr A.- Cnj.nd 41.701TA nlwtaally>Joanna [m d Pirskpn.rr Sankt..?' CASE: 0917-01 SUBJECT PROPERTY WITH ZONING , Subject Property 10.1.1 Itu11Ra.ly 1 RAW Hardin. rt2 RMS MOnRa.ltyl 014 ntM.1rwnl ORru RM.4T WMainly *1 O 141 MalERawT end Cnnrn.relal CR 2 RSEMemmd Cn..arcW C11-1 nurse Cammwei.l CN 2 Resod Cenlrurtfal 001 GeneralCvem.r1Ll Ce 2 o.r11r.l Cwnm.rcl.l CI MM.H.. Cam.w141 COD boarnuwn enrwnarcl.i 0.4 RNen COrr.rarc.l SR Far. Rural It Hl11en[ oa.n.y 1414 111.4,11.1 1.16 E. 1. -Edd Industrial 14 Henry nausea) 14110 PI.mW MM Dot. Vnr1.y 113.16 5:9p11r..uy 1a 104 5.y.sanyI REa.8 Slrgbramy 1.11 R$.TT T.ror.rnly RE SR am4Rr.tnily IS RE Ra.Id.n.Ml Cat" 115-311 Tuworh11.. 5P 5pc1.1 Permit Ry Raaueonal Waled. 1414E RUN Manul.mu.d Ham. SUBJECT PRDPERTI (LOCATION MAP }��1iIltf Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a Ia commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017= 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. f [ Printed Name: Cr7, c Q S a 1'101 eC Address: 7 Oc.13� i c k( 1 City/State: CorP u s Ch Phone: G 1 7 q-7 73-2 3 ( ) IN FAVOR (OPPOSITION REASON: )1,1 S r::4(c e co v t8es rvz, kr r- rmc rtdc \ rh% o o ---Y kr, ./N1 rno,-\y � o S � r e ,�, t a r\rQ d , � e -�~r e.), e (ori n erg' -v-c) rn t -- �S� urctise o re ( my ex` 4- `� c U %.Sind Ca, A ar, .S ``S t t\le. rYri� Signature / SEE P ON REVERSE 5117 �d,r e ( t-1 f Z-211-mGi-�-(6 Y� '� S Case No. 0917-01 INFOR Case No.: 17ZN1027 Project Mann ager: Andrew Dimas Property Owner ID: 4 e Q.8 ect '. Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 ON RM -1 RS -6 4 063700010210 SANDIFER RANDY B AND CARL 6006 RAVEN HILL ROAD Corpus Christi, TX 78414 f!� SUBJECT / PROPERTY FN Rq RS -6 P oo - 44440, FR U S. POSTAG.47 E )) PITNEY BOWES 417 V 78401 $ 000.46° 02417 0000340617SEP 08 2017 4 417 4 zr-\\ Rrrr Dame .IO'irIM CASE: 0917-01 SUBJECT PROPERTY WITH ZONING Subject Property RY.I WRrrunIyl RY-7 11_1e1lamlly PIN 1 Yanmmay OM Proln.Mn.I ORM. RM.AT R.rMlamlr AT cHt Maoneer.a.d Commaeclal CM 1 MeRnb.r$aad ComsrCIO CR -1 Rl... C:.,maccIal CRs Con C5 Ct COO CR-! XR RP Rnarl Camm.rd .t O.n.r.ICarnaacal General Cemm.relal Marsha Commercial O..-10..1 Cm .arc.+1 ROMA CormM.yMI T.Crrr Raft Mare Daly Roam.. Pare R. LUgh1In b .al1I IH H.wy admiral P UO PHm.e COM Dee P'm1.r 13.10 11.11 .family 10 RS -R link Fano, i RSR. 1116.1.--f Roily 1.11 RS -TT Two Faulk 13 11 Rhgl.-P.mlly II RR Read0SYI C.Y1. ./S xi Tambours Ix Ro.lMIP.nll Ho Rarimuor+l WWI* P.M Pax leanaracgmd He w. SUBJECT PROPERT1 A>cw j LOCATION MAP; 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, aue tienen la intention de asistir a esta junta v clue requieren servicios especiales, se les suplica que 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 iunta v su inales es limitado. favor de Ilamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, 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: U102- k iroJ eM N l \ Oc. _ City/State: C , C . ] ? 4) % ( ) IN FAVOR (z41 OPPOSITION Phone: (?C) '7(?Cl _IS4-n REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1027 Property Owner ID: 3 Signature Case No. 0917-01 Project Manager: Andrew Dimas Email. AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. F.O. Box 9277 Corpus Christi, Texas 78469 RM -1 3 063700010220 YASSIN NADER AND BARIA YASSIN WEE 6002 RAVEN HILL Corpus Christi, TX 78414 U.S. POSTAGE)) PITNEY BOWES Lira. 1 ewIm.i ZIP 78401 $ 000.46° 02 4YY 0000340617 SEP 08 2017 SUBJECT PROPERTY CASE: 0917-01 SUBJECT PROPERTY WITH ZONING ® Subs c1 Properly RM- 1.aq'mly 1 • M2 MamlamI RU 2 Vuma'ly 2 o ft Pla44.4m410mc. RM AT WM.lWy AT CN 1 M.Iph.ahab C-rrn.RMl CM 2 N.ihbrbed Carmonlal CR 1 Rased Canrraclml CM a RsIR Cpamrrt.l CC 1 0.sral Camm.rcMl CC.1 Wn.r.l Commacl.l CI .rims'. CemmaRlal CSO aawnla nCa..n.rc,I CR.1 RNCRCemnmrcul 1R fum Rrr.1 M H.Imll O..rl.y SP flan... i.rh t AVMIM..UJ FF Rowe nrdlfM.l PUO Plarm.0Un0 Dor Ovenay RS eT Sdnpl..feerily r1 115-1 $ngW-T .Iy1 R3l1 31n34f4al?R1 12.Tr Tbe.falmy RS IS Emp4Jamly 11 R1 ReskleA4l Urals RS TR To.nlou.. SP 1P.cMl P.nnM Ry How /Cm* WPXI. Pal RNN Manuf.emna Hem. /r 41 '111 nw SUBJECT PROPERT LOCATION MAP I3 ("!1.. 111 fpu f'In,+II AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: TO: September 29, 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 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com (361) 826-1972 Farming Lease Agreement Cefe Valenzuela Landfill — 940 acres, Farm Serial Number (FSN) 3466 CAPTION: Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. PURPOSE: The Cefe Valenzuela Municipal Landfill has some land area that is not currently not being used for landfill operations and is leased on a cash rent basis for farming operations in the production of cotton and sorghum. There are two farm leases in use, one of which will expire on October 31, 2017. City staff advertised for invitation of bids for the expiring lease. A high bid of $493,500 was received from Austin Harwell doing business as L.A. FARMS, for the new five-year lease of the 940 acres. The lease of City property requires City Council approval. BACKGROUND AND FINDINGS: The City acquired 2,293 gross acres of land in October 2000 for use as the new Cefe F. Valenzuela Municipal Landfill. The City purchased the land from Mr. John Chapman subject to two existing farm leases as shown on the Council exhibit marked "Vicinity Map". Farm No. 3468 contained 1,320 acres and was leased to W&S Ag Enterprises. The second farm, Farm No. 3466, contained 940 acres and was leased to Rackley & Rackley, a joint venture. The City continued these two farm leases on a year-to-year basis until October 2002. In November 2002, City Council awarded each farming operation a farming lease agreement for five, six-year terms for a total of 30 years. In 2007, the City opened operations at the landfill and reduced the acreage for Farm 3468 to approximately 762 acres. The City has continued with these farming operations since 2002 and has granted renewals at the end of each five-year term, being 2007 and 2012. One of the leases, Farm No. 3466, defaulted with non-payment at end of the second year of the third five-year term, being the 2013-2014 crop year. The lease permitted City staff to choose to remediate the lease by re -letting it and finding another tenant for the remainder of the five-year term, which was for 3 years. City staff sent out seven bid invitations and received four sealed bids. The high bid was submitted by W&S Ag Enterprises for their bid of $60 per acre and a one-time bonus payment of $56,400 for a total amount of $225,600 for the remaining three-year term. The City entered into a Farm Lease Relet Agreement with W&S Ag Enterprises in March 2015. The agreement was subject to the same terms and conditions of the original 30 -year agreement. This relet agreement expires on October 31, 2017. For the new lease, City staff advertised twice in the Legal Notices of the Caller -Times for an invitation for bids. The seven farm operators that expressed interest in 2014 were also sent letter notices for the bid invitation. Bidders were given the opportunity to add to their bid optional, one-time bonus payment in addition to their annual payment bid. The high bidder was Austin Harwell, doing business as L.A. FARMS, with the total base bid amount of $493,500. This consideration consists of five annual lease payments of $98,700 based on $105 per acre for the 940 acres. The lease funds are deposited annually into the City's General Fund. The five bids received at the City Secretary's office on September 29, 2017 are listed below. Leases of City owned property require approval by City Council. It is recommended that this lease agreement be approved to keep the unused land at Cefe Valenzuela Landfill in full farming production and generating revenue. ALTERNATIVES: 1. Approve Farm Lease Agreement (Recommended) 2. Disapprove Farm Lease Agreement with high bidder and re -advertise for new bids. (Not Recommended) OTHER CONSIDERATIONS: None Bidder Rent per Acre Annual Payment Bonus payment Total Base Bid 1 L.A. Farms $105.00 $98,700 $0 $493,500 2 W&S Ag Enterprises $70.00 $65,800 $60,000 $389,000 3 Burch Farms $71.00 $66,740 $0 $333,700 4 Havelka Farms $65.00 $61,100 $27,501 $333,001 5 B5 Land & Cattle $70.74 $66,500 $0 $332,500 Leases of City owned property require approval by City Council. It is recommended that this lease agreement be approved to keep the unused land at Cefe Valenzuela Landfill in full farming production and generating revenue. ALTERNATIVES: 1. Approve Farm Lease Agreement (Recommended) 2. Disapprove Farm Lease Agreement with high bidder and re -advertise for new bids. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Ordinance conforms to the City Charter, Article IX, Section 2, Power to grant franchise or lease by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services and Solid Waste Services FINANCIAL IMPACT: [ ] Operating [ X ] Revenue [ ] Capital [x] Not applicable Fiscal Year 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget This Item 98,700 394,800 493,500 Encumbered / Expended Amount BALANCE 98,700 394,800 493,500 Fund(s): General Fund Revenue Comments: None RECOMMENDATION: Staff requests Council passage of Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Project Location Map Project Vicinity Map Farm Lease Agreement Presentation Ordinance Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or her designee, is authorized to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED on this the day of , 2017 ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor as SCALE: N.T.S. CORPUS CHRISTI I TEXAS A&M UNIVERSITY CORPUS CHRISTI PROJECT LOCATION LOCATION MAP NOT TO SCALE CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 GROSS ACRES) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. ti r FM 2444 PROPOSED LEASE FARM #3466 940 ACRES !$r Pro of r � VICINITY MAP NOT TO SCALE CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 ACRES) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Farming Lease Agreement Cefe Valenzuela Landfill Council Presentation October 24, 2017 Lease Location Corpus Chr sti Engineering CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 ACRES, GROSS) CORPUS CHRISTI I IlnYAS CORPUS CHRIST IY Lease Vicinity Map 011$11 Corpus Chr sti Engineering CURRENTLY UNDER LEASE 1,320 GROSS ACRES Five -Year Farm Lease ckA Corpus Chr sti Engineering • Farm Lease area contains 940 acres (gross) and 818 acres (net). • Annual payment is based on the gross acreage of 940 acres. • Cash rent per acre is $105. • Annual lease rent is $98,700, payable in advance. • The five-year lease term is effective November 1, 2017 and ends on October 31, 2022. • Tenant must comply with all applicable Federal, State, and local laws, rules, and regulations • Lease is not assignable or cannot be sub -leased. • Tenant carries commercial general liability insurance in the amount of $1,000,000. 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LA Farms Robstown, TX United States Certificate Number: 2017-272847 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 10/16/2017 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. FSN3466 Contract 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Harwell, Laura ROBSTOWN, TX United States X Harwell, Austin ROBSTOWN, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT lif1 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �00..11,��'�4 EUSE810 GARZA, III ea4-"Tei: Notary Public, State of Texas v. . ' Comm. Expires 02-14-2021 'ikt umo Notary ID 3106972 Signa re of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE //�/t/ Sworn to and subscribed before me, by the said 41'.94"°7'./2/7�/-�/G /� , this the / 7/44 day o�liJ %1e!-- 20 , to certify which, witness my hand and seal of office. tit / /� ,,,..,.;-)e.„,.,i1r. js..e...: . .d5 ehb �7saPZ0, lam' /..cgo 4940.74/ Signature of officer admi •' - ring oath Printed name of officer administering oath Title of offiLer administering oats zet, d www.etnics.state.tx.us Version V1.0.3337 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), and LA Farms ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 940 acres (the Premises"), more particularly described as all of Section 22 and the north one half of Section 41 of the Santa Cruz Ranch, also known as Laureles Farm Tracts, out of a 2,273.59 acre tract described by the metes and bounds in "Exhibit A" and shown in the aerial map referenced as "Exhibit B" , both exhibits being attached and incorporated by reference in this Lease as if each exhibit were set out here in their entireties. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. 3. LEASE TERM. This Lease is for a five-year term beginning November 1, 2017, and ending at midnight on October 31, 2022, subject to prior termination as set out in this Lease. For annual lease payment purposes, November 1st of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $98,700 which is based on $105.00 per acre x 940 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Financial Services A/R - Collections Section Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS 15" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE LANDFILL OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of Page 2 of 17 the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. Without limiting the foregoing, Lessee specifically agrees: 1. Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Director of Solid Waste Services will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the landfill and its employees and the public. The expressed preference of the City is that spraying by the Lessee occur only on Sundays when the landfill is not open to the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than 24 hours prior to use and addressed to: City of Corpus Christi Director of Solid Waste Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 857-1970 Fax: (361) 857-1971 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Director of Solid Waste Services, or his designee, by calling (361) 857-1972 or (361) 857-1970. 2. Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during the this ease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. 8. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Property Manager upon reasonable demand during the City's normal business hours. 9. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Exhibit C," which exhibit is incorporated by reference as if fully set out here in its entirety. Page 3of17 B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 10. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on November 1, 2017, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 11. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of $53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 12. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall Page 4 of 17 also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 13. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee will not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 14. NO AUTHORITY TO INSTALL OR CONSTRUCT IMPROVEMENTS. Lessee does not have any authority or right under this Lease to install or construct any temporary or permanent improvements, including structures, on the Premises. 15. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 16. ENTRY BY CITY. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 17. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Property Manager, Engineering Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-3500 Fax: (361) 826-3501 If to Lessee: LA Farms Attn: Austin Harwell or Laura Harwell 3761 FM 665 Robstown, TX 78380 Phone: (361) 813-8880 Fax: None B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 18. INDEMNITY LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND Page 5 of 17 AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEES OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 19. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 20. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. Page 6 of 17 21. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear. acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 22. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to -wit: a proportionate share of the then -applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow accessed to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. 23. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. 24. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form ("Exhibit D") as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For Page 7 of 17 more information, please review the information on the Texas Ethics Commission's website at httos://www.ethics.state.tx.us. Lessee also agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you, as Lessee, need to file a Form CIQ, please review the information on the City Secretary's website at htti :llwww.cctexas.com/oovernmenticity-secretary/conflict-disclosure/index. 25. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 26. COMPLIANCE WITH LAWS. Lessee, its employees, representatives, and agents, as a condition of this Lease, agrees to and must comply with all applicable federal, State, and local laws, rules, and regulations which apply to Lessee's use and occupancy of the Premises and Lessee's operations and activities conducted on and at the Premises. Lessee, at Lessee's sole cost and expense, will fulfill all ordinances of the City applicable to the Premises, and Lessee's operations thereon, and all orders and requirements imposed by the Health, Sanitation, Solid Waste Operations, Fire, and Police Departments of the City for the correction, prevention, and abatement of nuisances occurring on or at, or connected to, the Premises during this Lease. 27. RELATIONSHIP OF THE PARTIES. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. 28. INTERPRETATION. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any paragraph or provision. 29. SEVERABILITY. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically. 30. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 31. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the Page 8 of 17 provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or her designee. LESSOR: CITY OF CORPUS CHRISTI ATTEST: Valerie H. Gray, P.E. Rebecca Huerta Executive Director of Public Works City Secretary APPR a VED AS TO LEGA FORM: &hot / f 7 , 2017 MIC ISLEY, CITY A •RNEY Elizabe undley, As istant City Att LESSEE: Farms, a Texas general partnership A stin Ha ell, Partner aura arwell, Partner ft,_I_&I1/ W i 7 Date Date Attached and Incorporated by Reference: Exhibit A — Metes and Bounds Description of Premises Exhibit B — Aerial Depiction of Premises Exhibit C — Insurance Requirements Exhibit D — Disclosure of Interest Page 9of17 "EXHIBIT A" METES AND BOUNDS DESCRIPTION of a 2,273.59 -Acre Tract Being 2,293.25 acres of land (gross), more or Tess, being all of Section 22, all of Section 41, the south one half (S'/_) of Section 42, the north one half (N %z) of Section 43, and the north one half (N %) of Section 44, Santa Cruz Ranch, known as Laureles Farm Tracts, as shown by the map recorded in Volume 4, Page 36, Map Records of Nueces County, Texas, and being the same property conveyed to John O. Chapman, Jr. by instruments recorded in Volume 341, Page 466 and Volume 341, Page 468, Deed Records of Nueces County, Texas, save and except 18.50 acres recorded in Volume 2214, Page 123, Deed Records of Nueces County, Texas, 1.16 acres of an unrecorded but monumented additional thirty-foot right-of-way for County Road 57 out of Section 22, Cause No. 94-1673-3 County Court at Law Number Two, Nueces County, Texas and subject to, but not excepted, 5.47 acres recorded in Volume 523, Page 524, Deed Records, Nueces County, Texas, 0.05 acres recorded in Volume 955, Page 601, Deed Records, Nueces County, Texas, leaving a net acreage of 2,273.59 acres, more or Tess, and said 2273.59 acres tract being more particularly described by metes and bounds based on an on the ground survey as follows: Beginning at a found cotton spindle for the northwest comer of this tract, said spindle being on the northwest corner of said Section 22, the same being the northeast comer of Section 21, and also Tying on the centerline on County Road 20; Thence North 89 56' 20" East, along the north boundary of this tract, at the same being the centerline of County Road 20, 5,280.30 feet to a set P.K. Nail being the northeast comer of this tract, and said Section 22, and also the intersection of the centerline of CR 20 and CR 57; Thence South 00 03' 40" East along the east boundary of this tract, at 5,279.72 feet, pass the southeast comer of Section 22, the same being the northeast comer of Section 41, at 10,559.42 feet pass the southeast corner of Section 41, the same being the northeast corner of Section 44, in all 13,199.27 feet to a found cotton spindle for the southeast corner of this tract; Thence South 89 56' 20" West, along the south boundary of this tract at 30.00 feet pass a set 5/8 -inch rod, at 2,639.30 feet pass a set 5/8 -inch iron rod, at 5,278.60 feet pass a set 5/8 -inch iron rod on the west boundary of Section 44, the same being the east boundary of Section 43, at 7,918.60 feet pass a set 5/8 -inch iron rod, in all 10,995.63 feet to a set 5/8 -inch iron Page 10 of 17 rod for the southwest comer of this tract being on the west boundary of Section 43; Thence North 00 14' 01" West, along the west boundary of this tract and Section 43, at 2,638.65 feet pass a set 5/8 -inch iron rod at the northwest corner of Section 43, the same being the southwest corner of Section 42, in all 5,277.30 feet to a found 5/8 -inch iron rod for the southwest corner of this tract; Thence North 89 56' 04" East, along the southmost north boundary of this tract, at 3,092.91 feet pass a set 5/8 -inch iron rod, in all 5,732.91 feet to a found 2 -inch iron pipe for an inside corner of this tract being on the east boundary of Section 42, the same being the west boundary of Section 41; Thence North 00 04' 23" West, along the west boundary of this tract and Section 41, at 2,640.52 feet pass a set 5/8 -inch iron rod at the northwest corner of Section 41, the same being the southwest corner of Section 22, at 5,281.04 feet pass a set 5/8 -inch iron rod, in all 7,921.55 feet to a point of beginning and containing 2,293.25 gross acres of land, more or less inclusive of said 18.50 acre tract of 2,273.59 net acres of land. Included within this 2,273.59 acres are roadway right-of-ways shown within Sections 22, 41, 42, 43, and 44 on the recorded map, but not defined as to width. Page 11 of 17 "EXHIBIT B" USDA Farm 3486 Tract 13100 Nueces County Weiland ONuminItion Idi bMre ▪ fl.. ‘.. I,.I.r rwlrcnwl. ▪ bowl Imes Om.lraiesr Pram= •.lrllliwi�l �1 repornie not 41. rry.l.l..YwMIM 411WnMA11A 1.}wa wpd iorwrawr1CTV41 MI ward mon Mlnbl Ywpw.I..brAAal — .1..111 NII[7 Crop Year Map Created December 5. 2014 0 .17S 950 Fere N Page 12 of 17 "EXHIBIT C" INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Lessee must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and the Director of Solid Waste Operations 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: I. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal Injury- Advertising Injury 8. Herbicide/ Pesticide Liability $1,000,000 Per Occurrence $1,000,000 Aggregate FARM AUTO LIABILITY OR AUTO LIABILITY (including) I. 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 Page 13 0117 C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within I 0 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be Page 14 of 17 a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Legal Dept. — Solid Waste Operations Farm Land Lease Insurance Requirements 09/22/2017 sw Risk Management Page 15 of 17 `tea City or Corpus Christi "EXHIBIT D" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. r COMPANY NAME: 1-4 F r '- STREET STREET ADDRESS: 3'762 / FM P.O. BOX: p CITY: e b .5'1-a L++- +• STATE: K ZIP: O 3� FIRM IS: 1. Corporation 0 2. Partnership [W 3. Sole Owner 0 4. Association 0 5. Other 0 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 r 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 Page 16 of 17 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: Signature of Certifying Person: ,4'31 (1 rut (/ Title: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time arttime employees and employees of any corporation created by the city. 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. Page 17 of 17 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 24, 2017 Second Reading Ordinance for the City Council Meeting of October 31, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Reimbursement Funds for Storm Water Catch Basins Program CAPTION: Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. PURPOSE: This item is to appropriate funds received through the Agreement with Coastal Bend Bays and Estuaries (CBBEP) for a reimbursement contract to install approximately 14 catch basin inserts to help prevent bay debris from reaching Corpus Christi Bay. BACKGROUND AND FINDINGS: The City of Corpus Christi completed an assessment in late 2015 of debris/trash in the Cole Park drainage basin to try and assess the areas with the highest accumulation of rates of trash getting into the storm water system and eventually making it to Corpus Christi Bay. The City installed 28 catch basin inserts in early 2015 and has been maintaining them. This project will increase the amount of catch basin inserts in place to reduce the amount of trash from reaching Corpus Christi Bay. The catch basins will be installed in the highest priority areas where trash accumulates in the Cole Park Drainage basin and assess effectiveness through observations during cleaning. ALTERNATIVES: Use City of Corpus Christi resources and funding to better understand how to improve management of storm water system debris. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This program 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: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,000 $20,000 BALANCE Fund(s): Water Grants Fund 1052 Comments: This is a reimbursement contract. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with CBBEP Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program Inc. for the storm water catch basin program is accepted and appropriated in the No. 1052 Water Utilities Grant Fund. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Contract Number 1707 THE STATE OF TEXAS COUNTY OF NUECES REIMBURSEMENT CONTRACT FOR GOVERNMENTAL ENTITIES Corpus Christi Bay Marine Debris Protection (Name or Project) THIS AGREEMENT is entered Into by and between: Coastal Bend Bays & Estuaries Program, Inc., a non-profit organization ("CBBEP"), and The City of Corpus Christi, a governmental entity (hereinafter "PERFORMING PARTY"). CBBEP and PERFORMING PARTY, in consideration of the mutual covenants in this contract, agree as follows: ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING AND PAYMENTS See attached Contract Costs Budget (for payment based on reimbursement of actual costs) and General Conditions Article 5. ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT The total amount of this Contract shall not exceed: Twenty thousand dollars $20,000 (written amount) (5 Numerical amount) unless this Contract Is amended in writing. It is expressly understood and agreed by the parties to this contract that the performance on the part of the CBBEP of its obligations under this contract is contingent upon and subject to actual receipt by the CBBEP of sufficient and adequate funds from the funding sources identified in the CBBEP's comprehensive annual workplan. CBBEP funding will not exceed $20,000. ARTICLE 4. TERM OF CONTRACT This Contract shall begin upon final execution of this Contract and shall terminate on March 31, 2018, unless terminated early or extended in accordance with the terms of the Contract. ARTICLE 5. CERTIFICATIONS 1. The CBBEP certifies that it has the authority to contract for the above services by authority as a non- profit corporation under the laws of the State of Texas. 2. PERFORMING PARTY certifies that it has authority to perform the services contracted for herein. ARTICLE 6. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreements between CBBEP and PERFORMING PARTY concerning the Work, consist of the following: 1. This Agreement 2. Scope of Work 3. Authorized Representatives / Records Location 1 4. Contracts Costs Budget 5. General Conditions 6. Additional Exhibits titled: There are no Contract Documents other than those listed above in this Article. The Contract Documents may be amended, modified or supplemented only as provided in the General Conditions. The undersigned bind themselves to the faithful performance of this Contract: CBBEP: Coastal Bend Bays & Estuaries Program, Inc. Ray Allen Printed Name Executive Director Title Date: _[ q (Y / / PERFORMING PARTY: The City of Corpus Christi By: fr'f L �' . / �-i .'� Authorize Signature PrinA Name 11-4- MC( V)LtL ei Titre' U Date: u ' `'} . 1 -1 Patived as to lh'n4 Msis .r:t C.411 At'iorrIey rof Ci.y t.tiorney I1; REIMBURSEMENT CONTRACT SCOPE OF WORK This contract is for the purpose of purchasing and installing catch basin inserts into the stormwater system to prevent trash from reaching Corpus Christi Bay. Marine debris can be harmful to the marine environment and also to the local economy, which relies heavily on nature tourism and fishing. The work to be provided by the PERFORMING PARTY shall correspond to the tasks found in Article IV and will be delivered in accordance with Article V. ARTICLE I. PERFORMING PARTY AUTHORIZED REPRESENTATIVE The Authorized Representative for the PERFORMING PARTY is as described in the attached "Authorized Representatives and Designated Location" form. ARTICLE II. CBBEP PROJECT COORDINATOR The Project Coordinator for the CBBEP is as described in the attached "Project Representatives and Designated Location" form. ARTICLE III. BACKGROUND / OBJECTIVE The purpose of this project is to purchase and Install approximately 14 catch basin Inserts at the highest priority areas where trash accumulates in the Cole Park drainage basin and assess effectiveness through observations during cleaning of the catch basins. The City of Corpus Christi (City) recently completed an assessment in late 2015 of debris/trash in the Cole Park drainage basin to try and assess the areas with the highest accumulation rates of trash getting into the stormwater system and eventually making It to Corpus Christi Bay. Although the City continues street sweeping on a regular basis, trash continues to accumulate in these areas. A map of the Cole Park areas with high amounts of trash was produced based on data gathered during the 2015 study. Other maps were produced to show specific strategies for implementation, including that show locations for placing catch basin inserts at high priority areas. The City will be observing the amount of trash accumulated in the catch basin inserts far showing effectiveness of devices and for prevention of bay debris reaching the bay. The City installed 28 catch basin inserts in January 2015 and has been maintaining them. This project will increase the amount of catch basin inserts in place to help acquire additional information to help in reducing the amount of trash from reaching Corpus Christi Bay. The primary project objective will be to purchase and install approximately 14 catch basin inserts to help prevent bay debris from reaching Corpus Christi Bay. ARTICLE IV. TASKS The PERFORMING PARTY shall perform the following tasks: (a) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on alt major tasks, In chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (b) Equipment Installation. The PERFORMING PARTY shall purchase approximately 14 catch basins for storm drains In the Cole and Ropes parks drainage basins. The PERFORMING PARTY shall install the catch basins In the stormwater drains. Each station shall be maintained periodically and observations will be made on approximate amount of trash collected for comparison across sites and areas. (0) Final Summary Report. The PERFORMING PARTY shall submit a written final summary report, 3 including pictures of the catch basins and of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall Include at a minimum the information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. PERFORMING PARTY shall submit the final report In an electronic format compatible with CBBEP software. ARTICLE V. WORK PRODUCT DELIVERABLES FOR THIS CONTRACT (a) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on all major tasks, in chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (b) Final Summary Report. The PERFORMING PARTY shall submit a written final summary report of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall include at a minimum the Information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. PERFORMING PARTY shall submit the final report In an electronic fonnat compatible with CBBEP software. ARTICLE VI. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT WORK PRODUCT SCHEDULE OF DELIVERABLES Quarterly Progress Reports End of each quarter Installation November 30, 2017 Final Summary Report December 31, 2017 ARTICLE VII. OTHER REQUIREMENTS FOR THIS CONTRACT (a) At the invitation of the CBBEP, the PERFORMING PARTY is required to make two verbal presentations of this project, at or near its conclusion, to committees of the CBBEP. The presentation is intended to disseminate project results and coordinate findings with other ongoing work. (b) If required as a part of this project, the PERFORMING PARTY will strictly adhere to the CBBEP publication guidelines when submitting publications. Each written deliverable shall be submitted as four (4) hard copies and as an electronic text file (format requirements to be provided by CBBEP). At least one hard copy shall be unbound and of camera ready quality for use as a CBBEP publication. The CBBEP publication guidelines can be obtained from the CBBEP Project Coordinator. (c) The PERFORMING PARTY shall submit to the CBBEP, within three weeks following a written request by CBBEP, a brief summary of project accomplishments and ongoing project work. The summary shall be written In everyday (non-technical) English for use in CBBEP newsletters, press releases, or other promotional publications. No more than one summary per quarter shall be required. 4 (a) PROJECT REPRESENTATIVES AND DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW The EXECUTIVE DIRECTOR of the CBBEP designates the individual named below as the person authorized to give direction to the PERFORMING PARTY as an Authorized Representative of the CBBEP. All communications including all payment requests must be addressed to the CBBEP Authorized Representative. Rae Mooney, Project Manager Coastal Bend Bays & Estuaries Program, Inc. 615 N. Upper Broadway, Suite 1200 Corpus Christi, Texas 78401 Phone: 361-336-0310 Fax: 361-400-5326 E -malt: rmooney@cbbep.org (b) The PERFORMING PARTY designates the individual named below as the person authorized to receive direction from the CBBEP, to manage the work being performed, and to act on behalf of the PERFORMING PARTY as an Authorized Representative: (c) Preeti Shrestha Engineer IV City of Corpus Christi Utilities Department 2726 Holly Road Corpus Christi, Texas 78415 T: 361-826-1805 F: 361-826-4317 Email: PreetiS@cctexas.com The PERFORMING PARTY designates the following location for record access and review pursuant to Article 12 of the Contract or any other applicable provision: City of Corpus Christi 2726 Holly Road Corpus Christi, Texas 78415 5 CONTRACT COSTS BUDGET A. Budget Authorized budgeted expenditures under this Contract ate as follows: PersonneVSalary $0 Fringe Benefits $0 Travel $0 Supplies $0 Equipment $20,000 Contractual $0 Construction $0 Other $0 Total Direct Costs $20,000 Authorized Indirect Costs $0 Total CBBEP Funding $20,000 B. Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total CBBEP Funding amount. C. Submittal of Payment Requests Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): quarterly. 11 other (specify) 6 GENERAL CONDITIONS REIMBURSEMENT CONTRACT ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY'S employees, agents, assigns, suppliers, and subcontractors. ARTICLE 2. AMENDMENT Except as specifically allowed below, this Contract may be amended only by written amendment signed by both parties. 2.1 CBBEP authority for making interpretations and agreeing to minor changes: 2.1.1 The CBBEP Project Coordinator has the authority, without a formal Amendment, to make written Contract interpretations and agree in writing t minor, non -material changes to requirements in the Scope of Work or the Contract Budget Including: • Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; • Changes to the Individual tasks in the Scope of Work that do not substantially change the obligations of the Parties relative to those Tasks; and • Transfers between the authorized amounts of expenditures in the Budget Categories. 2.1.2 To be effective, the Contract changes agreed to by CBBEP must be in writing and must also be agreed to by an Authorized Representative of the PERFORMING PARTY and CBBEP. 2.1.3 It is the responsibility of the PERFORMING PARTY to request extensions to the deliverable schedule and other changes that are within the authority of CBBEP. 2.2 A formal Amendment to the Contract signed by authorizing officials of both Parties is required for changes to the substantive obligations of the PERFORMING PARTY and/or CBBEP, including the following: 2.2.1 Changes in the total amount of funds in the Budget or the Contract; 2.2.2 Changes to the Contract's Expiration Date; 2.2.3 Changes to the Scope of Work that affect CBBEP obligations in this Contract; 2.2.4 Changes that affect the material obligations of the PERFORMING PARTY in this Contract. ARTICLE 3. INSURANCq This item has been deleted from the contract. ARTICLE 4. DATA. CORRECTIONS. WAIVER, AND QUALITY 4.1. Quality and Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the CBBEP, and will be indicated in writing by the CBBEP. Ali materials and equipment will be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 7 4.2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the CBBEP. 4.3. Waiver. No waiver, whether expressed or Implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. 4.4. Quality Assurance. M work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a CBBEP/TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describes environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to the PERFORMING PARTY's receipt of the QAPP signed by CBBEP, TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to CBBEP, CBBEP may refuse reimbursement for any environmental data operation performed prior to approval of a QAPP by CBBEP, TCEQ, and if necessary, the EPA. Also, without prejudice to any other remedies available to CBBEP, the PERFORMING PARTY'S failure to meet the terms of the QAPP may result in CBBEP's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 4.5. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified In 30 Texas Administrative Code Section 25.6. ARTICLE 5. PAYMENT 5.1. CBBEP will reimburse PERFORMING PARTY'S actual incurred costs of performance which are both: 1) allowable and 2) eligible for reimbursement. 5.2. Allowable Costs. A cost is allowable if it is within a category authorized by the Contract Documents and other rules, regulations, policies, guidelines, and statues applicable to this Contract including without limitation: 5.2.1. Contract Cost Budget of the Contract Documents (pertaining to authorized cost expenditures for this Agreement); 5.2.2. Uniform Grant Management Standards (UGMS) promulgated by the Office of the Governor of Texas; 5.2.3. TCEQ Allowable Expenditure Guidelines (pertaining to allowable costs for cost reimbursement contracts and grants); 5.2.4. CBBEP rules and policies (pertaining to CBBEP contracts and grants); 5.2.5. Other applicable State rules and statutes; 5.2.6. Federal regulations of EPA and other agencies and federal statues (pertaining to allowable costs where funding is from a federal source). 5.3 Eligible Costs. Costs are eligible for reimbursement when the PERFORMING PARTY has complied with the conditions/requirements stated In the Contract Documents. The requirements generally relate to the following: 5.3.1. performing the Work as specified; 5.3.2. conducting subcontract activities as specified; 8 5.3.3. conducting administrative activities as specified; 5.3.4. maintaining financial and administrative records and documentation; 5.3.5. submitting documents as specified and also upon request of CBBEP. 5.4. Payment Methods. CBBEP will pay approved requests for reimbursement upon receipt of funds for that purpose from TCEQ or other funding entity. CBBEP is not liable to make payment to the PERFORMING PARTY if funding is not available from TCEQ or other funding entity. CBBEP will reimburse PERFORMING PARTY'S allowable costs of providing Work which is timely and satisfactory, accepted by CBBEP, and in conformity with all requirements of this Contract and applicable law. Payment will be on a reimbursement basis of actual costs as expended. Payment will be made not more than 90 days after receipt of PERFORMING PARTY'S reimbursement request. 5.5. Reimbursement of Actual Cost as Expended. PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified In the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it has Incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the CBBEP's obligation to reimburse the PERFORMING PARTY'S costs will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the Total CBBEP Funding amount. 5.5.1. Ail reimbursement requests must be submitted to the CBBEP Project Representative on a completed CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Form 269a) and (as applicable) Supplemental Financial Status Report Forms 269a-1, 269a-2, 269a-3, and 269a-4. Alt requests must show the budgeted cost categories for the reported expenditures, indicating the amount remaining in each category. A final Financial Status Report must be submitted no later than (sixty) 60 days following the termination date of this Contract. CBBEP may refuse to reimburse expenditures for which the PERMORMiNG PARTY submits a voucher and/or Financial Status Report more than sixty (60) days after the termination date of this Contract. 5.5.2. All requests for reimbursement under this Contract shall contain sufficient Identification of, and information concerning, the costs incurred so as to enable CBBEP to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. 5.5.3. CBBEP will review the submittal and approve or reject the request for payment. 5.5.4. No funds may be expended under this Contract for the implementation of environmental data operations, nor any activities subsequent thereto, prior to the receipt of written approval from the CBBEP of the Quality Assurance Project Pian for the project. 5.5.5. The PERFORMING PARTY is responsible, throughout the term of this Contract, for tracking and insuring that expenditure amounts under this Contract remain within the various budgeted cost categories. 5.5.6. If the requests for payment do not satisfactorily demonstrate the accomplishment of the required tasks, or that costs are allowable, eligible, actual and incurred costs, the CBBEP will reject the request until such time as the deficiencies have been corrected. 5.5.7. CBBEP is not obligated to make payment until the request for payment is approved by TCEQ or other funding agency. Further, the CBBEP reserves the right to suspend or withhold all or part of a payment or all payments as authorized by the Contract Documents. 5.6. Contract Costs Budget. In addition to other requirements for allowable costs, PERFORMING PARTY'S costs must be incurred for those categories of costs and in the amounts described in the Contract Costs Budget contained in the Contract Documents. The Contract Costs budget 9 may be amended only by written agreement of the CBBEP and in accordance with these Contract Documents, as described in ARTICLE 2. AMENDMENT. The provisions of UGMS will be utilized to determine when costs are considered to be incurred. 5.7. Cost Documentation. To be eligible for reimbursement under this Contract, a cost must have been incurred within the time period indicated on a CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Forrn 269a) and either paid by the PERFORMING PARTY prior to claiming reimbursement from CBBEP or incurred by the last day of the time period Indicated and liquidated no tater than forty-five (45) days after the end of the time period indicated in Box 9 of the Financia! Status Report. 5,7.1. The PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a, legible documentation that (1) serves to further identify the specific items, equipment or services provided, (2) clearly identifies the vendor who provided the items, equipment or services, and (3) that confirms the reimbursable amount listed on the form. 5.7.2. All requests for reimbursement shall be identified with respect to the major tasks or objectives set forth in Attachment A of this Contract that such expenditures support or satisfy. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not break down that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 5.7.3. All requests for reimbursement of expenditures that fall within the "Equipment" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall be either a purchase order marked "received/paid" or a vendor - submitted invoice similarly marked. "Equipment" is defined as tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. 5.7.4. All requests for reimbursement of expenditures that fall within the "Contractual" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. "Subcontractor" is defined as an individual, firm, or corporation having a direct contract with PERFORMING PARTY or with any other Subcontractor for the performance of a part of the Work. 5.7.5. All requests for the reimbursement of expenditures that fall within the "Supply" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Supplies" Is defined as costs for materials or items having a purchase price (including freight) of less than $1,000. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to CBBEP. 5.7.6. All requests for the reimbursement of expenditures that fall within the "Other" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a- 10 2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked 'received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Other" is defined as all direct cost Items or services not previously identified, including, but not limited to: space rental, printing, utilities, registration and postage. 5.7.7. All requests for reimbursement of expenditures that fall within the 'Personnel/Salary' or "Fringe' categories of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified by each employee name; title or position; salary for the period; and task number worked. In order to receive reimbursement, the PERFORMING PARTY shall provide copies of signed time sheets for all employees that will verify the total, overall hours of time being directly billed to this Contract, or provide a PERFORMING PARTY -approved ledger sheet documenting employees' names and total amount being directly billed to this Contract. Documentation for fringe benefits must list employee benefits that constitute cost with each employee listed on the PersonnelSalary section of the CBBEP Supplemental Form 269a-3. 5.7.8. Ali requests for the reimbursement of expenditures that fall within the "Travel" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Fomi 269a- 4 and identified with respect to the major tasks or objectives, set forth In Attachment A of this Contract, that such expenditures support or satisfy. Alt costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler(s), and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel related costs, includes the following: (1) legible copies of PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for travel -related expenses bome directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required), separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel dates(s). Any reimbursement for travel requested by the PERFORMING PARTY is subject to the limitations contained In General Appropriations Act of the Texas Legislature. Travel by volunteers will not be reimbursed unless pre - approved by CBBEP. 5.8 Release of Claims. As a condition of final payment or settlement, or both, the PERFORMING PARTY will execute and deliver to CBBEP a release of alt claims against CBBEP and its funding entities for payment under this Contract. ARTICLE 6. SUBCONTRACTORS. OTHERS 6.1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have sufficient qualifications to perform the Work. 6.2. Objections. All subcontract agreements must be in writing and approved in advance by the CBBEP. The PERFORMING PARTY shall forward any proposed subcontractor agreement providing for the performance of work under this Contract's Scope of Work to CBBEP's Project Representative prior to execution of the subcontractor agreement. The CBBEP may, as of receipt of the proposed subcontractor agreement, provide written notice (fax acceptable) to the PERFORMING PARTY questioning whether the subcontractor agreement is for a legitimate purpose relating to the satisfaction of this Contract or has been procured in accordance with the minimum standards of the UGCMA and UGMS. The PERFORMING PARTY shall not enter into a questioned subcontractor agreement until the CBBEP has withdrawn all questions raised in the notice. PERFORMING PARTY will not employ an y particular subcontractor, supplier or other person or organization on or for the Work if CBBEP makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. Neither the CBBEP's failure to question a subcontractor agreement nor its subsequent withdrawal of any questions raised regarding a 11 subcontractor agreement shall in any way imply the CBBEP's approval of the subcontractor agreement's purpose of method of procurement of the subcontractor agreement. 6.3. Subcontracts. PERFORMING PARTY will include alt provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. Work performed under this contract will be considered a "public work". Wages prevailing in the area of the work performed will be paid in accordance with federal and state laws, including, as applicable, complying with the provisions of the Davis -Bacon Act (40 U.S.C., § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction subagreement. 6.4. Contractual Expenditures. PERFORMING PARTY agrees that all contractual expenditures using funds provided under this Contract shall meet all procurement laws and regulations. PERFORMING PARTY must provide documentation to support the selection and award of the subcontractor. Reimbursement of subcontractors' expenditures for supplies, equipment and services shall be based on actual cost and may not be marked -up. 6.5. Management and Fiscal Monitoring. The PERFORMING PARTY shall be responsible for the management and fiscal monitoring of all subcontractors. The PERFORMING PARTY shall monitor its subcontractors to ensure that the subcontractors are operating consistently with applicable laws and regulations, applicable contracting policies, and these Contract Documents. The PERFORMING PARTY shall ensure that all subcontractors comply with all record keeping and access requirements set forth in these Contract Documents. Subcontractors performing services that are billed on the basis of time must provide copies of signed time sheets for all subcontractor employees billed to the project. Subcontractors billing for mileage may only charge the approved state mileage rate and must provide supporting documentation. Markup by subcontractors is not allowed. PERFORMING PARTY and subcontractors shall maintain detailed records. The CBBEP reserves the right to perform an independent audit of subcontractors. 6.6. Competition. All subcontracts awarded by the PERFORMING PARTY under this Contract will be awarded on the basis of competitive applications and proposals. All subcontracts for certain professional services (except contracts with other government entities authorized by relevant state laws), Including engineering services, will be awarded in accordance with Texas Govemment Code Chapter 2254. All other subcontracts (except contracts with other government entities authorized by relevant state laws) awarded by the PERFORMING PARTY under this contract will be awarded on a competitive basis in accordance with relevant procurement laws and regulations, including, but not limited to, UGMS, Texas Local Government Code Chapters 252, 262 and 271, and Texas Government Code 2156. The applications and proposals will be evaluated utilizing criteria including cost comparison, probable quality of goods or services, past performance and conformity with the requirements of the Contract Documents. The use of the "cost plus a percentage of cost" method of contracting is precluded by the Common Rule of OMB Circular A-102, as adopted by UGMS. ARTICLE 7. INTELLECTUAL PROPERTY 7.1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby assigns to CBBEP a nonexclusive, perpetual, Irrevocable, enterprise -wide license to use, copy, publish and modify such intellectual property and authorize others to do so for CBBEP purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be fumished to CBBEP. To the extent consistent with the rights of third parties, the State of Texas and/or the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. 7.2. License of Existing Rights. PERFORMING PARTY grants to CBBEP, TCEQ and EPA, a nonexclusive, perpetual, irrevocable, enterprise -wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for CBBEP purposes. PERFORMING 12 PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any property rights of any third -party. PERFORMING PARTY agrees to require its contractors to Indemnify and hold harmless CBBEP from damages arising from or related to any Infringement of rights in Intellectual property. To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless CBBEP from damages arising from or related to any infringement of rights in intellectual property. ARTICLE 8. SEVERABILITY The fact that a particular provision Is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION; TERMINATION 9.1. For Cause. In the event of PERFORMING PARTY'S failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, CBBEP may suspend the Work or terminate this Contract for cause. 9.2. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP may terminate this Agreement in whole or part upon seven (7) days written notice. 9.3. For Convenience. CBBEP may terminate this Contract for convenience and without cause upon seven (7) days notice. 9.4. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure. PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination. ARTICLE 10. SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion and'acceptance of the Work and termination or completion of the Contract. ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, CBBEP shall not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. PERFORMING PARTY shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits. ARTICLE 12. AUDIT, ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (Including that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of this Contract. The CBBEP, the TCEQ, the Texas State Auditor's Office, and EPA or any of their duly authorized representatives may review, audit, copy, or disclose the contents of such books or records at any time. ARTICLE 13. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the CBBEP, the TCEQ and EPA whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the CBBEP, shall carry the following notation on the front 13 cover or title page: PREPARED IN COOPERATION WITH THE COASTAL. BEND BAYS & ESTUARIES PROGRAM, INC., TEXAS COMMISSION ON ENVIRONMENTAL QUALITY If the funding source is a U.S. agency other than EPA or TCEQ, the name of the appropriate funding agency should be substituted or included. ARTIQLE 14. COST AND PRICE OF THIS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by Uniform Grant Management Standards (UGMS) and 40 CFR 31.36. This information must be submitted on forms provided by the CBBEP. ARTICLE 15. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 15.1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with UGMS and 40 CFR 31.20. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 15.2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in UGMS and 40 CFR 31.32 through 31.33. ARTICLE 16. CLOSEOUT When CBBEP determines that all applicable administrative activities and all required work of this Agreement have been completed, or this Agreement is terminated, the CBBEP shall give Notice of Closeout of the Award. Within 30 days after the issuance of the NOTICE of Closeout of the Award, the PERFORMING PARTY must submit all financial, performance, and other reports as required' as a condition of the grant. These reports may include, but are not limited to: 1. All performance or progress reports required by this Agreement. 2. Financial Status Report. 3. Final request for payment. 4. CBBEP Release of Claims form. ARTICLE 17. MISCELLANEOUS 17.1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the CBBEP to the Project Representative designated by the CBBEP. The PERFORMING PARTY will designate a Project Representative to receive all communications from the CBBEP. Both Project Representatives will be designated in writing (see Project Representatives / Records Location). 17.2. 'Time is of the Essence" will apply to all time limits stated in the Contract. 17.3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in UGMS, including those related to financial monitoring, auditing and record keeping. ARTICLE 18. HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) In accordance with state and federal laws, CBBEP is required to assist HUBs, whether minority or women -owned, to participate whenever possible in providing goods and services. CBBEP encourages those parties with whom it contracts to adhere to this same requirement. PERFORMING PARTY shall complete and return the CBBEP Contractor Participation Reporting Form with each payment request submittal as determined in this Contract (see Contract Cost Budget, item C). CBBEP guidelines are 14 • • • • .15 • • AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 24, 2017 Second Reading for the City Council Meeting of October 31, 2017 DATE: September 29, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning Property located at 5842 Yorktown Boulevard (3/4 vote required) CAPTION: Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. PURPOSE: The purpose of this item is to rezone the property for the construction of a retail shopping center. RECOMMENDATION: Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "CN -2" Neighborhood Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 3 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District for construction of a retail shopping center. The proposed rezoning is compatible with the Future Land Use Map, as well as PIanCC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. During the Planning Commission hearing, discussion occurred due to public comment of the potentiality of constructing apartments. A representative of the owner reiterated that apartments would not be constructed and the development objective is a dialysis clinic and a retail shopping center. The "CN -2" District was mentioned as a potential compromise as the zoning district limits the number of apartments to 15 units per acre compared to the "CN -1" District which allows 37 units per acre. However, according to the Unified Development Code (UDC), if the property fronts upon a designated arterial street as it does upon Yorktown Boulevard, the density limitation is 36 units per acre. A representative of the owner is willing to accept the "CN -2" District as the district also allows medical clinics and retail shopping centers by -right. The Planning Commission has recommended the "CN -2" Neighborhood Commercial District. City staff is in agreement with the applicant and the Planning Commission, therefore we have amended our staff recommendation. A previous zoning case requesting the "RM -1" Multifamily District was withdrawn by the applicant for the same site in January of 2015 for the purposes of constructing 128 apartments. Opposition within the notice area was 27%. ALTERNATIVES: 1. Deny the request. 2. Approve the "CN -1" Neighborhood Commercial District. (Requires 3/4 vote) OTHER CONSIDERATIONS: The case is considered controversial as we have received 27.75% opposition. Approval will require a super -majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Southside Area Development Plan. The difference between the "CN -1" and "CN -2" Neighborhood Commercial Districts is minimal. The uses of a medical clinic or a retail shopping center are both allowed by - right in either district. Both district require increased rear yard setbacks due to adjacency to single-family homes. Additionally, both districts would be required to have a minimum 10 foot rear buffer yard along with a minimum of 10 points as per the Unified Development Code (UDC). The few differences between the "CN -1" and "CN -2" districts are dwelling units per acre in residential applications and minimum open space requirements in commercial applications. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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 Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to the property described as Kings Point Unit 6, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit; 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 Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval to the "CN -2" Neighborhood Commercial District, and on Tuesday, October 24, 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 Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard (the "Property"), from the "RS -6" Single -Family 6 District to "RS- 6/SP" Single -Family 6 District with a Special Permit (Zoning Map No. 047042), as shown in Exhibit "A". Exhibit A, which is a map of the property which is attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are all uses within the "CN -2" Neighborhood Commercial District as described in the City of Corpus Christi Unified Development Code (UDC) except any multifamily residential use. Apartment, townhouse, two- family house, cottage housing development and group living are prohibited uses under this special permit. 2. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 3. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\Andrewd2\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5144DXQ1\Ordinance_0917-03_Special Permit_Mostaghasi Investment Trust (revised BB).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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\Andrewd2\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5144DXQ1\Ordinance_0917-03_Special Permit_Mostaghasi Investment Trust (revised BB).docx Page 3 of 3 RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial 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 FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "CN -2" Neighborhood 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 Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval to the "CN -2" Neighborhood Commercial District, and on Tuesday, October 24, 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 Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard (the "Property"), from "RS -6" Single -Family 6 District to the "CN - 2" Neighborhood Commercial District (Zoning Map No. 044031), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust.docx Page 3 of 3 RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial 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 FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood 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 Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval to the "CN -2" Neighborhood Commercial District, and on Tuesday, October 24, 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 Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard (the "Property"), from "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District (Zoning Map No. 044031), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust - CN1.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust - CN1.docx Page 3 of 3 RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial 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 FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Zoning Case #0917-03 Mostaghasi Investment Trust From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District City Council Presentation October 24, 2017 Aerial Overview Vicinity Map Subject Property at 5842 Yorktown Boulevard N Zoning Pattern Future Land Use Map ) Medium Density Residential I= Commercial Permanent Open Space Public Notification 41 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area Opposed: 33 (27.75%) *Outside 200' Opposed: 21 In Favor: 0 1 Planning Commission and Staff Recommendation Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District, in lieu thereof Approval of the "CN -2" Neighborhood Commercial District. UDC Requirements Buffer Yards: "CN -1" to "RS -6" Type B: 10' & 10 pts. Noise: 7' Wall Street: 20 feet Side: 0 feet Rear: 2:1 Setback (height) Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments *Bars/Nightclubs Not Allowed PLANNING COMMISSION FINAL REPORT Case No. 0917-03 INFOR No. 17ZN1030 Planning Commission Hearing Date: September 20, 2017 Applicant & Legal Description Owner: Mostaghasi Investment Trust Applicant/Representative: Mostaghasi Investment Trust Location Address: 5842 Yorktown Boulevard Legal Description: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 6.85 acres Purpose of Request: To allow for the construction of a retail shopping center. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "RS -6" Single -Family 6 Low Density Residential Medium Density Residential South "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Low Density Residential, Public/Semi- Public, and Commercial Medium Density Residential, Government and Commercial East "CN -2" Neighborhood Commercial Commercial Commercial West "CG -2" General Commercial Commercial and Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. Map No.: 044031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 760 feet of street frontage along Yorktown Boulevard which is designated as an "A3" Primary Arterial Divided Street and approximately 394 feet along Gingerberry Drive which is designated as a Local/Residential Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown130' Boulevard "A3"Primary Arterial ROW 79' paved 130' ROW 103' paved 14,279 ADT (2013) Gingerberry Drive Local/Residential 50' ROW 28' paved 63' ROW 43' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a retail shopping center. Development Plan: The subject property is comprised of 6.85 acres and is proposed to be a retail shopping center. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and is vacant land. To the north are single-family residences (Kings Point Unit 6 Subdivision) zoned "RS -6" Single -Family 6 District. Kings Point Unit 6 Subdivision was zoned to the "RS -6" Single -Family 6 District is 2005 and the homes that share a property line with the subject property were constructed between 2009 and 2011. To the east, rezoning cases occurred to the "CN -1" Neighborhood Commercial District in 2014 and the "RS -TF" Two Family District in 2004 for the construction of a small shopping center. To the south across Yorktown Boulevard a property was rezoned to "CN -1" Neighborhood Commercial District in 2015 for the purposes of a funeral home. Additionally to the south are single-family residences and a church (Kings Crossing Church of Christ) both zoned "RS -6" Single -Family 6 District. To the west a rezoning occurred in 1984 to the "CG -2" General Commercial District and has remained vacant except for commercial development at the intersection of Yorktown Boulevard and South Staples Street. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed Staff Report Page 3 rezoning to the "CN -1" Neighborhood Commercial is consistent with the Future Land Use Map, the Southside ADP, and PIanCC: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "RS -6" Single -Family 6 tract and has never been developed. • Surrounding properties have been rezoned within the past twenty years indicating a pattern towards neighborhood commercial development. • A zoning case requesting the "RM -1" Multifamily District was withdrawn by the applicant for the same site in January of 2015 for the purposes of constructing 128 apartments. Opposition within the notice area was 27%. • If the "CN -1" Neighborhood Commercial District is approved, the retail development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the "CN -1" District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 Planning Commission and Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "CN -2" Neighborhood Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 3 Abstained: 1 Public Notification Number of Notices Mailed — 41 within 200 -foot notification area 4 outside notification area As of September 20, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 33 inside notification area — 21 outside notification area Totaling 27.75% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0917-03 Mostaghasi Investment Trust\PC Documents\Staff Report_0917-03_Mostaghasi Investment Trust.docx RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial 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 FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, 9u r1ienvn la intencion de asistir a esta "unta •ue re►uieren servicios es+eciales se les su+lica +ue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo, al n(imero 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 diriciirse a la commission durante la junta v su inoles es limitado, favor de Ilamar al 1 der artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family Residential District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, 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 wlth 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: ( ) IN FAVOR (v)1FJ OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 0 City/State: C Phone: [RC1] i Case No. 0917-03 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com HS POSTAGE )»PIrNF_YBowts 0 City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 eliiMilaalmetWAIESIbto 1i Corpus Christi, TX 78414 " AIBIBMNSINCeil (44, 1ov a 111MMISMi Jr 11P 78401 $ 000.46 ., 02 41,7 • 00003,406 17 AUG 24 2017 CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject CLoil Pmperty R111 1lwwsmly 1 R113 M01UIsmp 1 RA.] WIlI..nPy1 ON Pr0hlals.sl office RMI Y.IINsmly A7 CN.1 Ns1P0Pmneea Camm.R1.1 CN-] I1•I0110gheed Csd1TsnNl CH.1 R.es. Camm.rclel C1.1 Rued commercial CO.1 Omani Cadmelclsl C0.] General CsnlnnWl C1 In1.na We COmmerosl C00 oe.rw.r Comd.ra41 CRJ r... ,, lwnerelal H P..m 1mM M NlderlsPiss \P luslneas P111 ▪ ignl lned.lnu 111 Nary Ind1.4l.l POP Plenn.d Unit O. O..Hsy R S.10 1ln01..P.mll7 10 1u singl.s.mlyt RS -13 Sln51 -Pemly t { 15.7P jIYePam111 15.11 5.151.5 ,.Iy11 N E 1.1wnUalE1Ial 15.Th To.,.neale 51 Noels' Persil NV P.anaUPn.l NONNI Pale sum isanuhdsad Home 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, ciue tienen la intenci6n de asistir a esta junta v ciue renuieren servicios especiales, se les suplica oue den aviso 48 hares 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 diriciirse a la commission durante la junta v su inciles es limitedo, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family Residential District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, 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:_ 0- A- r -v kLri Address: 7 5 0 5EiceA-eic_ ( ) IN FAVOR IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 0 Sig City/Stated Phone: grv[ 8(3-3(113 Case No. 0917-03 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Deveiopment Services Dept. p.O. Box 9277 Corpus Christi, Texas 78469 tieBIANZAMMEMfflow Corpus Christi, TX 78414 U. POSTAGE j) PITH Y BOWES t q v. , ZI7r6140i $ 000.46° 0000340617 AUG 24 2017 7=r4 CG -2 Rs - , *4 r4 I itiottf Piv4P Aor � Oved:nerd d OFnlepr CASE: 0917-03 SUBJECT PROPERTY WITH ZONING MI Subject Properly R11-1 110111188031 1 Rlla N.IOh1ny3 RWI WRII.My3 ON 131818•31801 Offle• RNAT YY101.myAT CN -1 N.rphbmh..n Contes.831•1 CM 1 N.Ipllb.m.od C.n.n.rtlrl CNA 01.081 Comm rehl CR.1 Resod Cemm.rc101 G G.1 G.Nr.l C.mm.rcW Cad 0.08801 Cwm00e01 C1 080808 CONNnereul CRO o.rr.lnwn C.mm.rthl CRd R..N C...noeeill FR Fmm Rani 11 Nhl.Ne 0180np RP r..Nrl.. Pem IL Llpmindu.IRel IN Nw.F h...tn.1 PU0 P18801 4411 O.. 0.800 103-10 11861..F.4I0 11 RSJ eb111..F.mpy 1 111J.3 11 ph.F.nl4T d 1 RS -17 Two/.mlryr 111.11 S n h-F*81y 11 RR .113•108011•1 8880 RS TH Townh.u.. }P 31=481 44480 RV R.880000..1Y.hIel. P. MIN M.nubel.r.d Nom. # susJErr I• PROPERTY dr d 'LOCATION MAP J a City tir Curpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intenci$n de asistir a esta iunta v oue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de Ia iunta Ilamando al departamento de servicios de desarrollo. al ntimero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia iunta v su inQIos es limitado. favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un inti rprete ser Dresente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, 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 �i A/ Qct �Av— Address:C`3 ' O L Dr-. City/St te: C .� • ie -ie -K8 "( f ( ) IN FAVOR IN OPPOSITION Phone IBJ REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 1 Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com Printed Name: 1 "(oit ill" Address: Dti ?1 Iwtnd Or. C.btti ug (,li i c City/State: -rx ( ) IN FAVOR ( k ) IN OPPOSITION Phone: 361 u qy3—,Y 11+ REASON: DAmy kcpui Se5 ky Ghue Signature / SEE MAP ON REVERSE SIDE INFOR Case No.:17ZN1027 Property Owner ID: 9 ao d (&k$. Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cciexas.com Andrew Dimas From: Upchurch, Jonathan <Jonathan.Upchurch@fhr.com> Sent: Thursday, September 14, 2017 3:04 PM To: Andrew Dimas Cc: msbowevil@yahoo.com; Upchurch, Jonathan Subject: FW: Re -zoning #0917-03 This email is to state my opposition to the latest re -zoning attempt of the property at the corner of Gingerberry and Yorktown. As a property owner on Gingerberry, I am concerned at the volume and speed of the traffic that already travels along it. This road is the major artery for all of the neighborhood homes and is used by a great many people as a cut through between Yorktown and Lipes and to the middle school and high school. As it is, my wife and I have already have had close calls with people speeding through and not allowing for residents to slow down and pull into their own driveways. If I want to back into my driveway, I have to pull over and wait for a window of opportunity that sometimes takes several minutes. Adding an additional 150 residences at the end of what is already an overburdened and unsafe residential street would be harmful to the homeowners and their families in that area. Please stick with the zoning as it was originally intended and do not approve re -zoning. Sincerely, Jonathan Upchurch 7302 Gingerberry Dr Corpus Christi Tx 78414 910-512-6762 1 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 coni cldades. egg tienen la intenci4n de asistir a esta Junta v aue requieren servidos esPeciales, se l erica aue den aviso 48 a d = la n r I am : nd. = de ,.:.. r m 1tt ' si r,. $ . , _.:. �.m sc. 1 • If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la [unto v su inches es Iimitado. favor de (lamer al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitor un intororete ser aresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaphasi Investrrflt Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the N-1" Neigh ommercl I n resulting In a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20.24171 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, mis 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 Commisslon By -Laws, no discussion shall be held by a member or members of thls Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. ,l iI Printed Name: 3a IA*E'l L� • L(L',(.«(---- Address: /6-'0 �'L&tin, (,t' City/State: CO itS CG�+rt,S�il TX ( ) IN FAVOR (4N OPPOSITION Phon %) P71,4 -03 7 REASON: Sigtura SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: t1 Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.c om 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 incarfa`cidades. oue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nCimero (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 diriairse a la commission durante la iunta y su incMs es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017 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: 2L)(N F12 .t c}( 5 Address: 4126 WrcrD F(e_e b2. City/State: CO e f4S GI-/)STf , -1 ( ) IN FAVOR (4N OPPOSITION Phone:6 1.) 9,Fe6 - 0 C4ce€ REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner DOW Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com 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, aue tienen Ia intention de asistir a esta iunta v aue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de fa lunta Ilamando al departamento de servicios de desarrollo. al n imero (381) 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 diriciirse a Ia commission durante la iunta v su inal$s es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar un intomrete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, 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: LI ' Address: l—'i / c S' s at-/� Tcz- ( , City/State: . C� . ) IN FAVOR IN OPPOSITION Phone: A4, 1 r 7h - (5 w7 REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: >� Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com 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. slue tienen la intention de asJtir a este Iunta v aue reauieren servicios especiales, se leg suplica aue den aviso 4$ Nigras antes de la iunta Ilamando al deoartamento de servicios de desarrollo, 81 nOmero (361) 820-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si listed desea diriairse a Ia commission durante Ia lunta y su insilos es limitedo, favor de Ilamar al deoartamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia iunta oara solicitar tin interprets ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerber y Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, 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 ENT1RETY 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 Tetter. • Printed Name: "Z_ Address: 5r7t`77c=a- 2, vat City/State: ( ) IN FAVOR (k) IN OPPOSITION Phone)14='4 14 - REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 110 Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com 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, aue tienen la lntenci6n de asistir a esta iunta y aue reauieren servicios esoeciales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (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 diriairse a la commission durante la Junta v su inales es limitado. favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, 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. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be 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 calf or by letter. Printed Name: 4-6IL1 VV ti i If &n' S Address: L R t.d(O In- S tr ( ) IN FAVOR (‘().iN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: air Signature City/State: ( Ot-L5 ii(s Phone: to 30 -gCtl —icS7t Case No_ 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctexas.com Orating to attend this meeting, who may require special services, are requested to contact Department at least 48 hours in advance at (361) 826-3240. Personas con incaolcidades. rvicios e i fea. ssigS tfu l cue den aviso Q rr•lli -1 n'm 0_001) 826-324o. _- 1.- F111_JLI. t1 1. Wei to address the Commission during the meeting and your English is limited, please call the Development pOpeartroo+t *t (361) 826-3240 at least 48 hours In advance to request an interpreter be present during the is junta You t ±3 lirrtitadtl fwvpr deliarnig lrn .. s - -r **tar tka ttty ! L_L1 '_�..#.','..•- •a.i�.'Li:-K.:1! li 11:1!1 7.11312.'1_ L- L .L CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 has petitioned the City of Corpus Christi to consider a change of zoning to the "CN -1" Ilahborhood Commercial District. not The property to be rezoned is described as: KIM* Pt int Unit 8 Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of GITI9erberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Sial Penmit. Approval of a change of zoning, if inconsistent with the City's Corner Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved 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. September 20. 2017, one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council 1201 Leopard Steel You are invited to attend this public hearing to express your views on this IIROntng request. For more information, please call (361) 826-3240. TO OE ON RECOFtD, 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- 17. ANY11ON PROVIDED BELOW BECOMES PUBLIC RECORD, EITOTE:accT tArNi1tha P .- . i" Planning Commission By -Laws, no discussion shall be held by a memor members of pa this Ceasnitorien wlth an applicant or appellant concerning an application or appeal, either at home or office, or in person, litispilcine cell orby Prircloct Name: ) IN FAVOR Nr� 'idi s 1 Shiad 1/(;1Iis City/State: CA rp c hr � 1 T' OtIN OPPOSITION en4 .-e vareqd je1 e vA 1 ueS 4h,„c� Phone: al- 38D -79C MAP ON.,REVERSE SIDE Case No.:172Nt030 Ormer ILi: lir Case No 0917-03 Project Manager Andrew Dimas Email andrewd2@Cctexas can &NAM DOWdelnell, Wit 414 hors In warm el (3611•21-3010 �ryir.Trri to y... ... r+'J4r: bpi.--:. _• veetalloott Cxierrtesion Onto t "meg me is kneel. nein dfinw ) et til b Nueis a ten••,r• ID myna a[ + eveoceor be wow Owing tr+. J i 14...4. . ' J CRY PLUM* COMINSSOON eilaucNEAlw(43 NOricE Roaming Case No. 1,17-03 hoe poinenni ih City d Corpus Cate to °anew a *woe of tonna • 6361 properly t be monad s denoting as Peke WI G. Mack 1, Lot 1. UMW on the north side of Yorktown Boulevard, east of Delve and w Loon Ominveniennieynnoweverrall lo City Cotard) ippr rii a denial a eopncrwo of a1 intentredlite dielleacallon index Ascii Penne. .roprovet of s change d zoning, e7 inaonia me w#4 the (Ws Ann. gill aIle hive the Went int 1sviOradirg the Pian a WWI lie eonroved .Ai 14'y The F'kerwiing Corooleneri oviduct a publla hewing far )his ram mama to stag ena lormulase recortireendeben a the t ly Coma The pubic heartnq WI b. Fired on lir. agatenlygg 212.2017, one a the Fleming Cearthiseiall MOW rtewith trsgm ei ;Jim, in the City Could 1201 Leopard Street. You *a fended to .atm 1#1 Mk hearing to atptess your virus on that initreng menet For mew* Infonnetan Ones* col (301) 422424o. oh wow ma RIM II1L T alb FLLED OUT SLED BY CSM PorrOPoriv ornitim MO Waco de 111 Itt AVM TO NE CIEVELOMEMTszgMM4 s O€PmTlamt. P O 00* 1277. c;oPou3 Dalai TEXAS Irldiel6 W77` ANIVONFORIM111011 POOV p MOW tin's PtAUC IIDiI' Ali Pl going C_pi idea eV•t ns. no innoneion sAoll be Mel by a ;iw nieaarrs or Guvrinernius fir• a! wawa coded application s�M. .n w► sppattar ed harms a Moe. or in psernq, M POsted Wow 5 IN FAVOR oPPOsmoN calesoie,"_cogegLitilLIZZR Phone3 31�r3Yo 679 rile 17001,30 10 Cass ?to..eii17 O3 PJojaa ktracer Arxis'w Onus Egret sfearira7t .a.xarn a , eten anatase Oeveeemian 1t.emeer. sot yoz Er.* ts Penick alma tea p Ovadiasime Oneetinelt 1C11042140 at Wm &Etyma In aat4wea anima an fopsyan ea armee neve On 1 Vry-Tbri rYPLANNING COININSSION MINX NEARING NOTICE Razed?! Cilia No. 091743 hula Falliceed eve COPS COrrgui Ctram toreider a charge of ankoa • to Ise tizticifogketwartairiffoonalkvado. The imam tO be rearect clainten es naps Peke Ude 11. i. Lot 1, tocaltett on the meth sic*�l Yorktown Eloulerfart east Of etnitarbenV Woo ant moo of Loeb liotalearot T Poong Getielleolon isteyreexetriond 10 Cry Ceunat aoaroval or clan*. Or sopyvol Of an Monahan' wary cleselleanan rittlko Swett Ponta Ammo] of a thong° ed zoning .1 monsieteht "Mk the 010 Ctewrentalette Pt e hove be WWI irrnprorg iho Comprehonteie Pion to ;Ow the mop -oiled The PltelUngi Contfailenh *St oCrOuct a public hearkr ing eon rennin; request so down and icfrautato raccurenendlekel lb foe Oty Mulct The pubic hoeing som bo hetd on Welropeilm. Ilootetybof 2S1T dein of the Ftennikej Commtays maw famistiva., which bo Dro et *.313 DPI.. In Oty Owes Oketebers. 1201 Leopard Sheet Ybu are tensd to enerel Fa public hstolv, to eioresa yote views cm this 11001111,4; 109,1101. For Moe fralOrnanDerr. *oft 0011 pet )12642A0 Pteni mai niChisitioga„ asONED O Ng CURRENT PeOl3fRTY CO00."11 ANO 111.#410 r$ Dawrif 10 no DEVELogsana seireaS DOWIrrlaDWF P 0 MU tall, =new CHEM 1EXA5 Mae& Miy 0.01111.4110P4 Men= BELOW warms PUBLIC RECORD erOmo4w4iiii ilIhroang Coninlailon Oplows, no dinnookr than An he by o nonsbar or ronobors of Calmoilindoo silo apt opplisoni or appollarn oranorrnag an nacicinion or aroma ear 14 Miro w eft', or In parses% OnliapProno WblslII V a 4 (LLA A'flA&t(4, 5egti *144- 1114 dL *FAVOR $& OPPOSITION kfiriP REVeltiE SPCIE Ai& 17210030 a ,153- ostabli:emp.‘ CnizisV prone w/ Coao tio,C0 IUD Project Weiner kfIrmawywis era sradrwarlic *ma trett • alionit amore. nay mute email emelise: lee (.100 =MU Strami Dapoilastal al Wel 43 tom its ohm= (361) 0213-3240 otormim tilidasol theCoarommia &OraI a PR,at pm)gogaLs 4and y 1100 :Iyreae+tl h h tae Ow 01, Jill Joja a la tn4 in Airminaiw ea axe &Ong the 'mit Ai 4 j1 11 CITY PLANNING CO* PURLic NEARING NOTICE Razoning Case 0917-03 boo pollionad Val Cityo Corp*to coroneracharged xottfrp • - property as KM* ilkoloo Unit1 Mod' i. Lot f. IOrdrd on the north slam of Yorktown Dm levacaewe o1 fbingerlierry Diem lad wet of Lore ilectievird, 10 Clay Council sppre* or deist. or app ani of en Intennedelle feadloilian a Spend AWOL Approol of a change of miry, d irearelelent eat the Orys Mrs. off Olio heft the Wed at etnentlixf tho Corrorshanpoo Ran b rstie4s fro someed 1:11Enneas Colreektekin eel conducts put homing for tis request lo dawn and rlamute a to the ally Council The mbric Marry arill bob Nib on Viodovarptc. elle !f ell % , toich bu re►c CourpOl 1201 Leopard &ro t, You aro lrn1ssd to Boom tCid pubic hsretip L)osproca yOur vi ew* on eta POW** for roars k *ISO tad 4381) AM240 •momOtinEC011a fOlgai MUST SE cladrxrr setrago or nig (VW pROPE rr+r t No uta Ito fl$ EMMY TO i?! DEVE.OPICKt somas OEPARtuktcr, P 0. One OOTrOpleaus CAlkoin 1EXAS Mato - WI ANY OfOilliallOat WORM OWN, orICOIAE, mom RECCnia I fw FatraingIiwMn Opl.soi, no Mom., Own4e hrW1trf■ armor aitiemberd at Cw.olowilww* awa*trewr ar aprostiwd co c.nyap en wwdragido Of dowel, diner id or wicker ks penkea, Seleeemet eel et *kw Address: . 5f A'v€A OfLL/<d 1N FA 4 I+ Cr'c, tot rZi‘uo30 Wit. Prier* 160 the Development Services Department at least 48 hours in advance at (361).826-3240. Personas 00n incepacidades, •ue tienen la intention de asistir a este `unta ue re.uieren servicios es•" iales, se les su+lica aue den also 48 horas antes de la junta Hernando al departamento de servicios de desarrolle 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 diri.irse a la commission durante la 'unta su in les es limitedo favor de hamar al departarnento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete ser preserite durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use N___1_42,. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, 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. 0. 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. Oar° Printed Name: 1 jj Address: 0 1l Ye- 110 ( ) 1N FAVOR ()() 1N OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: leak City/State: CYpU.? 0 TX 36I Phone: Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com 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 Y que rsauieren servicios especiales se les suplica que 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 junta y al irides es limitado,_ favor de Hamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete s.erpresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single-Farniilr 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday1September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 530p.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 8E ON RECORD, THS FORM MUST SE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 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: QTAi4 LAC\ -s\S T- " 1, ( ) IN FAVOR City/State: IN OPPOSITION Phone: REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: IlDi Case No. 0917-03 Project Manager. Andrew Dimas Ernail: andrewd2[mcctexas,c orci the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacklacies, due tienen la intencinn de asistir a esta junta y cue reouieren servicios especiales, se les sipiica clue den aviso 48 horas antes de la "unta tlamando al de • artamento de servicio de desarrollo - Humero • 1 826-3240. 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 diriOrse a is commission durante la junta Y su ingles es limitado, favor de Hamar al d- • - - ento de sery i • s de desarrollo al num - ro 361 826-3240 al menos 48 horas antes del . -un - . - . solicitor un interorete ser oresente ¢urante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial^District, not resulting in a change to the Future Land Use Maw. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wedneesdav, September 20, 2017, 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 inforrnation, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be 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: ,15k. '5‘)5UPI. U Address: (J �i1603101 ( ) IN FAVOR IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: fb City/State: C.,1 Phone: n ~ , —044/ 4/ Case No. 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctexas.com the Development Services Department at least 48 hours in advance at (361)826-3240. Personas Can inca cidades true tierien la intenctcin de as' "r a ;, ta .unta ue r-• 'eren servicios es• se les . Ica • e den avisa 48 horas antes de la tunta namando al deoartarnento de servicios de desarrollo, Humero (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 dir sirs - la commission durant la 'unto su i .les - limitedo favor de hamar al de = mento de servicios de desarrolio al num - 361 826-324al menos 48 horas antes de I . 'un • . ra solicitor un 4nterorete ser iresente dui -ante la iunta. ro CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaajihasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" sinele-Family 6 District to the "CN -1" Neiahborhvod Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of achange 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 Wednesdav, September 20. 2017, 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, THS 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 Conunisslon with an applicant or appellant concerning an application or appear, either at home or office, or in person, by telephone call or by letter. Printed Name: Address:5 ? �-City/State: e Aitt),"1- '-ter C Phone: 36/ -/ 3 ? 92 / J IN FAVOR (1OPPOSITION REASON: SEE MAP ON REVERSE SIDE I N FOR Case No.: 171N 1030 Property Owner 10: la Case No. 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctsxas.corn the Development Services went at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. ue tienen la intencion de asistir a esta 'unto •ue r- •uieren servicios es cafes se les su+ Ica•ue den aviso 48 horas antes de la junta ifamando al departamento de servicios de desarrollo. of niimero (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 diriairse a la commission durante la junta Y su ingles es fimitado, favor de flamar. al departarnento de servicios de desarrollo al numero (361) 826-3240 at rnenos 48 horas antes de la junta para solicitor un interprete serpresente durante fa junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, 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, THS 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. Primed Name: Q , r &y Address: 07- K):\ VO City/State: Cor kt ( ) IN FAVOR ( } IN OPPOSITION Phone: '3C11 00.0 t 'b REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 1111, Case No. 0917-03 Prod t Manager Andrew Dimas Email: androwd2@cctexas.com the Development Services Department at least 48 hours in advance at (381) 826-3240. Personas con incapacidades, aue tienen Ia intencion de asistir a este iunta v cue reoLjjelen servicios f soecialee, se les suplica cue den aviso 48 horas antes de la 'unta llamando al deartarnento de servicio de desarrollo al nOmero 361 826-3240. if you wish to address the Commission during the meeting and your nt Services Departmeat 48 hours advancae meeting. Si ustedl deseaat(361) dirig826-3240irse a Ia comleastmission+ durantein is 'uni de+artamento d servicios de desarrollo al niimero 361 826-3240 al un interprete ser oresente durante la iunta. English is limited, please call the Development to request an interpreter he present during the a su in les -s liimitedo favor de hamar al rnenos 48 horas antes d - la unta + ..ra solicitar CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" sing e-FamiIv6 District to the "CN -1" Nei hborhood Commercial District not resulting in a change to the Future Land Use Maw The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, 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. 0. SOX 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. P irrted Name: Address: �- p -A),Q3\i‘l O.( ( ) 1N FAVOR (Y) IN OPPOSITION REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner €D: Mb City/State: Cl ' 4 ( 4 Phone: Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.corn AGENDA MEMORANDUM for the City Council Meeting of October 31, 2017 DATE: October 31, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Discussion regarding the composition of the Corpus Christi B (Type B) Corporation with possible action. CAPTION: Discussion regarding the composition of the Corpus Christi B (Type B) Corporation with possible action. PURPOSE: On October 10, 2017, the City Council appointed the five members of Corpus Christi Business and Job Development (Type A) Corporation to the seven -member Corpus Christi B (Type B) Board, and were scheduled to appoint two citizens to the remaining positions. Upon further discussion, the City Council decided to table the appointments for the remaining two positions to consider other board composition options. BACKGROUND AND FINDINGS: Per Section 505.051 of the Local Government Code, the Type B Corporation board consists of seven directors. Each director must be a resident of the municipality. Three directors of a Type B Corporation must be persons who are not employees, officers or members of the governing body of the authorizing municipality. Consequently, up to four Council members could serve on the Type B Corporation. In the previous discussions held on August 8, August 22 and September 12, 2017, a majority of the Council was in favor of appointing the five members of the Type A Board to fill five of the seven positions on the Type B Board. The composition of the remaining two positions, however, was the subject of debate, centering around whether the positions should be held by two Council members, two citizens, or one of each. The Council made a motion of direction on August 22 to appoint the five members of the Type A Board to the Type B Board, and fill the remaining positions with two citizens. During the October 10 board appointments, the Council reassessed this decision and asked for more options to consider. ALTERNATIVES: Based on the Council's decision to appoint the five members of the Type A Board to serve concurrently on the Type B Board, the following options seem most applicable: 1) Options with Council Members 5 Type A members, 2 Council Members, 5 Type A members,1 Council Member, 1 Regular Member 2) Options without Council Members 5 Type A Members, 2 Regular Members 3) Option with a Council Liaison* 5 Type A Members, 2 Regular Members, 1 Council Liaison * By majority vote, a Council member could be designated as a liaison to the board, who would attend meetings but would not vote or participate in discussions; and then report to full Council. OTHER CONSIDERATIONS: The next board and committee appointments are scheduled on November 7, 2017. If the Council comes to a consensus today, then the City Secretary would need direction regarding the desired board composition. The Type B Board appointments are not time - sensitive, however, and could be delayed if desired. CONFORMITY TO CITY POLICY: Conforms to State Law. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 31, 2017 Second Reading Ordinance for the City Council Meeting of November 7, 2017 DATE: October 18, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Acceptance of a grant in the amount of $314,361 from the Department of Homeland Security, Assistance to Firefighters Grant Program with a required hard match of $31,436. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program. PURPOSE: The purpose of the Assistance to Firefighters Grant (AFG) Program is to enhance the safety of the public and firefighters with respect to fire and fire -related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. The CCFD has been awarded a $314,361 grant which requires a 10% hard match of $31,436. The funds will be utilized to (a) provide training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications (b) provide hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval needed to accept grant. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Grants FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $345,797 $345,797 BALANCE $345,797 $345,797 Comments: None RECOMMENDATION: Staff recommends accepting the grant in the amount of $314,361 from the Department of Homeland Security, Assistance to Firefighters Grant Program with a required hard match of $31,436. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi to accept grant for the for Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters; WHEREAS, the City of Corpus Christi shall agree to make available non-federal funds in an amount equal to and not less than 10 percent of the grant awarded; and WHEREAS, failure to adhere to the award conditions will cause the City of Corpus Christi to be considered in default of the grant agreement, and may require the return of all federal funds disbursed under the grant. Be it Ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436. SECTION 2. That $314,361 grant is appropriated in the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters with respect to fire and fire -related hazards by providing training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications and providing hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor View Award Package Page 2 of 24 Ms. Jessica Thomas City of Corpus Christi Fire Department 1201 Leopard Corpus Christi, Texas 78400-2825 Re: Award No.EMW-2016-FO-02944 Dear Ms. Thomas: U S Department of Homeland Secunty Washington 0 C 20472 FEMA4c 4 YD St- Congratulations, E Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount of $314,361.00. As a condition of this award, you are required to contribute a cost match in the amount of $31,436.00 of non -Federal funds or 10 percent of the Federal contribution of $314,361.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' e -grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam.00v/portal?public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms. please follow these instructions: Step 1: Please go to https://Dortal.fema.00v to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action, In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished_ we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF -1199A, Direct Deposit Sign-up Form. Please complete the SF -1199A on-line if you have not done so already. When you have finished, you must submit the https://eservices.fema.gov/FemaFireGrant/ftregrant/jsp'fire_admin/awardsispec1view_award ... 6/26.2017 View Award Package Page 3 of 24 form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF -1199 Processing Staff at 540-504-2883. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, Bridget Bean Acting Assistant Administrator for Grant Programs https://eservices.fema.gov/FemaFireGrant/firegrant/jspf fire_admin/awards/spec/view_award_... 6/26/2017 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 31, 2017 Second Reading for the City Council Meeting of November 7, 2017 DATE: TO: September 29, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Master Service Agreement Seawater Desalination (Capital Improvement Program) CAPTION: Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a Master Service Agreement. BACKGROUND AND FINDINGS: CIP Description: Seawater Desalination To provide the City with reliability, security, sustainability and availability of seawater as possible future water source, this project provides preliminary design of seawater desalination plant. The scope of this project includes governmental funds application, plant site selection, desalination technology design, water infrastructure integration plan, source water characterization, project cost analysis, etc. Project Background: The City of Corpus Christi (City), as the largest wholesale water provider in the Coastal Bend Region, has a long history of planning for and developing water supplies to meet current and future needs. Seawater desalination is a recommended water management strategy in both the 2016 Region N Regional Water Plan and 2017 State Water Plan. This strategy is currently recommended to meet manufacturing and steam -electric needs in Nueces and San Patricio Counties starting in the 2030 decade. However, the City anticipates the plant may be designed to produce water meeting drinking water requirements and this water will be fully incorporated into the regional water supply system. To provide the City and Region with a diverse, reliable, secure, sustainable future water supply and boost development of district economy, the City issued a Request for Qualifications (RFQ) No. 2014-06 - Owner's Representative Services for Industrial Seawater Desalination on September 15, 2014. Based on selection criteria published in the RFQ, Freese and Nichols, Inc., (FNI) team was selected as the most highly qualified consultant firm by the selection committee consisting of technical representatives from the City and area Stakeholders. On November 18, 2014, by Resolution No. 030355, City Council endorsed and authorized the City Manager's execution of a Letter of Intent to Proceed with the Corpus Christi Regional Economic Development Corporation (CCREDC), the San Patricio Municipal Water District (SPMWD), and the Port Industries of Corpus Christi (PICC) to develop the feasibility for an Industrial Seawater Desalination Facility in the Corpus Christi area. An original Architect/Engineer contract for Phase I of Seawater Desalination Feasibility was awarded to FNI in May 2015 with the cost shared by City for $47,745, CCREDC for $150,000, and PICC for $150,000. Phase I of Seawater Desalination Feasibility was accomplished in December 2015 and resulted in definition and selection of a preferred prospective seawater desalination project. In view of the complexity of the seawater desalination project, the stakeholders determined several fundamental activities needed additional definition and concurrence prior to initiating Phase II Project Procurement and Implementation. In July 2017, the City was awarded $2.75 million in deferred financing from the State Water Implementation Revenue Fund for Texas (SWIRFT) for planning a seawater desalination treatment project. SWIRFT funds will be used to support needed additional fundamental activities for planning the seawater desalination project. Project scope includes, but is not limited to, project procurement methodology, concentrate management strategies, seawater desalination project siting, site surveys and studies, source water characterization, confirmation of plant size, water users, water demand, points of product water delivery, infrastructure integration plan, conceptual design of intake and outfall facilities, power supply agreement, project delivery technical strategy, filing of owner's permit applications, supplemental project definition summary report and project procurement plan, Texas Water Development Board financial assistance (SWIRFT #1, completed), project management, meetings and coordination, and communication and public outreach, etc. Execution of this project will be through a Master Service Agreement (MSA) to provide required professional engineering services for the Seawater Desalination project. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders (TOs). Future TOs will be issued with specific scope of work and associated fees. Total TOs will not exceed the MSA contract value. The first TO will be presented to Council for authorization before the Notice to Proceed is issued. Future TOs will be administratively issued by City Manager or designee. ALTERNATIVES: 1. Authorize execution of Master Service Agreement. (Recommended) 2. Do not authorize execution of Master Service Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 351,675 0 351,675 Appropriation This Item 2,750,000 2,750,000 Revised Budget 351,675 2,750,000 3,101,675 Encumbered / Expended Amount 351,675 351,675 This Item 2,627,000 2,627,000 Future Anticipated Expenditures 123,000 123,000 BALANCE 0 0 0 Fund: Water Supply CIP No. 9 RECOMMENDATION: City Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Contract Form 1295 (in contract) Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) WHEREAS, the City executed a Contract for Professional Services providing for Owner's Representative Services, funded by the City, Port Industries of Corpus Christi, and Corpus Christi Regional Economic Development Corporation, with Freese and Nichols, Inc. on May 14, 2015; WHEREAS, the City Council approved the FY 2017 — 2018 Capital Improvement Program (CIP) Budget on its second reading on September 19, 2017, by Ordinance No. 031249; WHEREAS, the FY 2018 CIP Budget included a project for Seawater Desalination Project (Project #E15117) budgeted for $1,000,000 per year for the next three years; WHEREAS, City Council authorized the issuance of $2,750,000 in Utility System Revenue Improvement Bonds through the Texas Water Development Board; and WHEREAS, funding for the Seawater Desalination Project (Project #E15177) will be increased in FY 2018. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $2,750,000 of revenues from Series 2017 Utility Revenue Bonds to the Seawater Desalination Project to fund 4482. SECTION 2. Revenues and expenditures in the amount of $2,750,000 are increased in the FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249. SECTION 3. The City Manager or designee is authorized to execute an amendment using a Master Service Agreement for the Seawater Desalination Project in the amount of $2,627,000 with Freese and Nichols, Inc. of Corpus Christi, Texas. SECTION 4. The City Manager or designee shall receive City Council authorization before issuing the Notice to Proceed for Task Order 1 under the Master Service Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor PROJECT BUDGET ESTIMATE SEAWATER DESALINATION FUNDS AVAILABLE: Water Operating 51,675 *Port Industries of Corpus Christi (PICC) 150,000 *Corpus Christi Regional Economic Development Corporation (CCREDC) 150,000 Texas Water Development Board 2,750,000 Total $3,101,675 FUNDS REQUIRED: Professional Services. 2,974,745 *Project Feasibility (Freese and Nichols, Inc.) 347,745 MSA Seawater Desalination (Freese and Nichols, Inc.) THIS ITEM 2,627,000 Reimbursements. 126,930 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 48,390 Engineering Services (Project Mgmt/Constr Mgmt) 77,540 Misc 1,000 TOTAL $3,101,675 ESTIMATED PROJECT BUDGET BALANCE $0 *Contract executed May 14, 2015. Funds from PICC and CCREDC were paid directly to Freese & Nichols. N SCALE: N.T.S. 1 LOCATION MAP NOT TO SCALE A l.. cin hIRi. r. i i c Project Number: E15117 Seawater Desalination CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS TEXAS DEPARTMENT OF ENGINEERING SERVICES Seawater Desalination Corpus Chr'sti Engineering Council Presentation October 31, 2017 Project Background Carpus chr sti Engineering • Discussion & Planning for this project prompted by 2011 — 2013 drought • Discussions involved City of Corpus Christi and key Regional Stakeholders: Corpus Christi REDC Chemours San Patricio MWD OxyChem Lyondell Basel! Valero Flint Hills Resources Sherwin Alumina Port of Corpus Christi Citgo Voestalpine Texas Talen Energy AEP Texas Cheniere October 4, 2011 Project Background (Cont'd.) Carpus chr sti Engineering Specific Project Drivers: • Drought exposure coupled with increased economic activity • Desire to reduce risk of curtailment to industrial operations • Concern that reliance solely on surface water could impact region's competitiveness • Interest in diversifying and strengthening the region's water supply by adding a drought -proof source • Seawater desalination as water supply insurance Project Background (Cont'd.) Carpus chr sti Engineering Procurement of an Owner's Representative Team • City and Stakeholders agreed to solicit and secure a professional services agreement for Owner's Representative Services with the most highly qualified firm or team Owner's Representative role • Advise the City in connection with a regional seawater desalination project delivery; and • Identify risks and assist in the development of technical, organizational, financial, and environmental strategies. Project Background (Cont'd.) Carpus chr sti Engineering Selection of Owner's Representative Services • Review and selection team consisted of City Staff and Stakeholders' Representatives • Frank Brogan (CCREDC / Port) • Michael Douglas (Sherwin) • Robert Kunkel (Lyondell Basel!) • John Tummons (Oxy) • Mark Van Vleck (CoCC) • Brian Williams (SPMWD) • Four responses received and shortlisted for interviews • Selection: Freese & Nichols' Team • Local/Regional/State expertise • Supplemented with U.S./global expertise in all areas of seawater desalination project development Project Background (Cont'd.) Carpus chr sti Engineering Phase I -A— Evaluation of Feasibility & Cost Modeling • Phase I -A funded by Stakeholders & City Stakeholder Contribution CCREDC Port Industries Corpus Christi members $150,000 $150,000 City of Corpus Christi $ 47,745 Phase I -A Total $347,745 Phase I -A Outcomes Carpus chr sti Engineering • Initial Plant Siting: Inner Harbor and La Quinta Channel areas • Preferred capacity (phased): 2 X 10 MGD plants (expandable) • Estimated Cost for each 10 MGD potable plant approx. $150M • Industrial water requires separate transmission system ($100+ million) • Power from the grid feasible/affordable (estimated $0.05 per kw -hr) • Preferred Project Agency: Local Governmental Corp (LGC) enabling access to public financing which offers significant savings Next Project Phase Carpus chr sti Engineering Phase I -B (This item) Proposed Work Products include • Procurement Methodology • Site Selection • Source Water Characterization • Pre -Design • Filing Permit Applications Leading to Future Phase II • Project Procurement & Implementation TWDB SWIFT Funding [Phase I -B] Carpus chr sti Engineering Texas Water Development Board (TWDB) • State Water Implementation Fund for Texas (SWIFT) • Council Workshop Presentation on Project — (April 13, 2017) • Application Supported by Council (April 25, 2017) • Bond Issuance Approved by Council (August 29, 2017) • Loan Closing Scheduled (November 21, 2017) Financing Arrangement • $2.75M Loan • Principal Lump Sum Payment After 8 Years Why is this contract needed? Engineering • Stakeholders determined: • Supplemental Project Definition Activities, including: • Technical • Environmental • Permitting • Are needed prior to initiating Phase II • Reduction of project risk for Owner in contracting, construction, and operation • Amendment of Master Services Agreement and follows the scope and tasks outlined in SWIFT submittal FNI Team — Owner's Rep Ron Guzman J orge Arroyo John Wolfhope N. Voutchkov Neil Callahan C: :::j-. Chr sti Engineering 11 Scope of Phase I -B Contract Corpus Chr sti Engineering Supplemental Project Definition Activities include: • Project Procurement Methodology • Concentrate Management Strategies • Project Siting, Site Surveys and Field Studies • Filing of Owner's Permit Applications • Infrastructure Integration Plan Scope of Phase I -B Contract Corpus Chr sti Engineering • Conceptual Design of Intake & Outfall Facilities • Source Water Characterization • Power Supply Conceptual Design & Agreement • Project Procurement Plan • Communication and Public Outreach CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES E15117 SEAWATER DESALINATION This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and FREESE AND NICHOLS, INC., a Texas Corporation, 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 4 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 7 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 17-9 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. 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 which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by 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 the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 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 the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all Basic Services included in this Agreement and Additional Services Task A, Communications and Public Outreach, shall not exceed $2,627,000 (Two Million, Six Hundred Twenty - Seven Thousand Dollars). 2.2 The Consultant's fee for each Task Order will be on either a Lump Sum (LS) or Time and Materials (T&M) basis with a not -to -exceed amount to be negotiated during project execution. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. Page 2 Rev. 17-9 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain 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. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: TASK DESCRIPTION NOT TO EXCEED AMOUNT MAXIMUM CONTRACT AMOUNT $2,627,000 BASIC SERVICES TASKS Estimated Fee 1 Project Procurement Methodology $102,000 2 Concentrate Management Strategies $168,000 3 Seawater Desalination Project Siting $459,000 4 Site Surveys and Studies $193,000 5 Source Water Characterization $180,000 6 Confirmation of Plant Size, Water Users, Water Demand, and Points of Product Water Delivery $40,000 7 Infrastructure Integration Plan $281,000 8 Conceptual Design of Intake and Outfall Facilities $82,000 9 Power Supply Agreement $65,000 10 Project Delivery Technical Strategy $190,000 11 Filing of Owner's Permit Applications $334,000 12 Supplemental Project Definition Summary Report and Project Procurement Plan $144,000 13 TWDB Financial Assistance (SWIFT #1) $21,000 14 Project Management, Meetings, and Coordination $202,000 BASIC SERVICES SUBTOTAL $2,461,000 ADDITIONAL SERVICES A Communications and Public Outreach $166,000 Page 3 Rev. 17-9 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, 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 provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 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. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 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. 3.2 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 Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - 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. Page 4 Rev. 17-9 Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of 2 years beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The 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. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 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. Page 5 Rev. 17-9 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or 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. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 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. 7.3.4 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 VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City'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 or former 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. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. Page 6 Rev. 17-9 ARTICLE IX—OWNER REMEDIES 9.1 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: 9.1.1 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; 9.1.2 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. 9.1.3 Losses are incurred because of defects, errors and 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 defects, errors and omissions in the documents. 9.2 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. 9.3 When the City incurs non -value added work costs for change orders due to design errors 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. 9.4 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. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X — CONSULTANT REMEDIES 10.1 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. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general Page 7 Rev. 17-9 nature of the Claim. 11.1.2 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. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 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 Alternative Dispute Resolution. 11.1.5 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. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, 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 any other ADR process. 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 ADR process contained herein. 11.2.3 Mediation 11.2.3.1 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. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and 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. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement 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. Page 8 Rev. 17-9 11.3 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 in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, 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 professional engineer prior to re -use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. 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. 12.5 Entire Agreement. This Agreement, including Task Orders, 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. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 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; Page 9 Rev. 17-9 b. membership on the board of directors or other governing body of a business entity of which the board or other goveming 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 govemmental 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. 12.8 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citv-secretary/conflict-disclosure/index 12.9 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. 12.10 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. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. f � Jeff H. Edmonds, P.E. Date Ron G zman, P.E. Date Director of Engineering Services Principal 800 N. Shoreline Boulevard, Suite 1600N Corpus Christi, TX 78401 (361) 561-6510 rg@freese.com Page 10 Rev. 17-9 APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta, City Secretary Date Project Name Seawater Desalination Project Number E15117 Accounting Unit 4482-068 Account 550950 Activity E15117 -01 -4482 -EXP Account Category 50950 Fund Name Series 2017 Utility Rev Bd Amount $2,627,000 Page 11 Rev. 17-9 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2017 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ENGINEERING, INC. Jeff H. Edmonds, P.E. (Date) (Date) Director of Engineering Services Vice President Corpus Christi, TX 784 (361) Office RECOMMENDED Operating Department (Date) Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL PROJECT NAME: Seawater Desalination 1. PROJECT DESCRIPTION This effort will consist of supplemental project definition activities resulting from the initial feasibility phase of this project as well as additional site selection and permitting activities. A collaborative effort was undertaken in Corpus Christi by a diverse stakeholder group (Stakeholders)1 to evaluate the feasibility of developing a non-curtailable seawater desalination water supply. Phase I of the project resulted in the definition and selection of a preferred prospective Seawater Desalination project. The Stakeholders determined thereafter that several fundamental activities remained that needed additional definition and concurrence prior to initiating Phase 11: The Project Procurement and Implementation. The Stakeholders determined that to have greater certainty of the project feasibility and its cost impact, it would be necessary to undertake certain Supplemental Project Definition and Permitting Activities, including conducting various technical and outreach tasks to bring the Seawater Desalination Project to a Project Procurement level of readiness. Funding for implementing the Supplemental Project Definition Activities has now been secured from the Texas Water Development Board's State Water Infrastructure Fund (SWIFT). SWIFT loan closing is anticipated for November 2017. 1 Stakeholders are identified in the original Contract Agreement as follows: The City of Corpus Christi, Corpus Christi Regional Economic Development Corporation, San Patricio Municipal Water District, Port of Corpus Christi, DuPont, OxyChem, Sherwin Alumina Company, Lyondell Bassell, Citgo, Flint Hills Resources, Valero, Topaz Power, AEP Texas, Cheniere Energy, and Voestalpine Texas. Master Services Agreement 2. SCOPE OF SERVICES This Scope of Services addresses the following tasks as part of its Basic Services: 1. Project Procurement Methodology 2. Concentrate Management Strategies 3. Seawater Desalination Project Siting 4. Site Surveys and Studies 5. Source Water Characterization 6. Confirmation of Plant Size, Water Users, Water Demand, and Points of Product Water Delivery 7. Water Infrastructure Integration Plan 8. Conceptual Design of the Plant Intake and Outfall Facilities 9. Power Supply Agreement 10. Project Delivery Technical Strategy Session 11. Filing of Owner's Permit Applications 12. Supplemental Project Definition Summary Report and Project Procurement Plan 13. TWDB Financial Assistance (SWIFT #1) 14. Project Management We understand that the City is focused on acquiring the necessary permits for the implementation of a seawater desalination project or projects in the Coastal Bend. The Basic Services proposed for execution through Task Authorizations under this MSA include what are expected to be Owner's Permits: Water Rights Permit & New Source Approval - TCEQ Texas Pollutant Discharge Elimination System (TPDES) Permit —TCEQ Public Water System (PWS) Registration and Compliance with PWS Regulations —TCEQ We will possibly also require: ■ Texas Land Application Permit (TLAP) for sludge disposal There is a different, more comprehensive, list of permits required for the actual construction of the plant, but we do not consider that list to be specifically Owner's permits. It includes construction permits which will be expected to be obtained by a design -build contractor. This list has been previously provided to the City. The only Owner's Permit not included in the proposed Basic Services is the US Army Corps of Engineers 10/404 Permit. The 10/404 Permit scope and effort are difficult to estimate prior to the identification of a desalination plant site. Furthermore, some scope items (specifically surveys) included in the Additional Services will be required to support permitting activities. Again, these items cannot be defined until a desalination plant site is selected. If a regulatory agency requests additional supporting evaluations, surveys, data, or documentation, the City will need to approve some Additional Services tasks to complete the permitting processes. Additional services including Communications and Outreach; optional support for determining a cost allocation and rate strategy; selection of the LGC; and other optional tasks are addressed in the Additional Services Section of the present Scope of Services. Master Services Agreement BASIC SERVICES 1. PROJECT PROCUREMENT METHODOLOGY It is assumed that the Seawater Desalination Project will be procured using a design -build (DB) approach; however, there are multiple DB modalities that could be applied to procuring the project. In Texas, a public entity is required to document the adoption of the Project Procurement Method it will follow to procure a project; the purpose of this task is to document the LGC's selection of a project procurement methodology. The Consultant will: A. In coordination with the LGC, prepare and provide a memorandum discussing up to three Project Procurement Methodology Alternatives including the general impact of the various alternatives on the following project factors: i. Risk allocation; ii. Life -cycle cost; iii. Estimated time line to procure a project; iv. List and description of key agreements; v. Estimated project procurement budget. B. Brief the LGC and Stakeholders; solicit their review comments and finalize the Project Procurement Methodology Memorandum C. Document selection of the Project Procurement Methodology by obtaining copy of the LGC's minutes and resolution 2. CONCENTRATE MANAGEMENT STRATEGIES Securing a sustainable concentrate disposal method is critical to the success of the seawater desalination project. The purpose of this task is to examine alternative concentrate management options and develop a framework to address concentrate management issues in the siting and permitting of the Seawater Desalination Project. A memorandum will be prepared identifying one or two concentrate management alternatives that are most viable for the site-specific conditions of potential plant sites. (At this project phase note that no detailed environmental or ecological field studies would be implemented to address potential impacts of concentrate discharges to federally -listed species or other resources pertaining to regulatory compliance, such as tidal wetlands, oysters, and seagrasses). The Consultant will: A. Prepare a Concentrate Management Strategies Memorandum including: i. Key concentrate management decision factors; ii. Concentrate management regulations; iii. Overview of potentially feasible concentrate management options; iv. Discharge modeling strategies; and, v. Concentrate Disposal Modeling Screening Tool B. Brief staff of the Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, Texas General Land Office, the US Army Corps of Engineers, National Marine Fisheries Service, Environmental Protection Agency, and US Fish and Wildlife Service; C. Brief the LGC and Stakeholders; solicit their review comments and finalize the Concentrate Management Strategies Memorandum; Master Services Agreement 3. SEAWATER DESALINATION PROJECT SITING The purpose of this task is to select the site(s) for a potable water Seawater Desalination Project and document the selection process for regulatory purposes. The Site Selection Recommendation will consist of three steps: First, developing a Site Screening and Site Selection Strategy; second, screening and ranking of Potential Sites to select up to four (4) Candidate Sites; and, third, evaluation of Candidate Sites to select the Preferred Site(s). Site Screening and Candidate Site Selection will include desktop environmental surveys to evaluate the potential direct effects of the proposed project to various ecological resources that pertain to regulatory compliance. Ecological resources to be evaluated generally include seagrasses, oysters, tidal wetlands, and federally -listed species, for example. Due to the scope and potential effects of the proposed project, there exists the possibility that US Army Corps of Engineers (USACE), in consultation with other state and federal agencies, may require an Individual Permit (IP) review process. Part of that IP review process requires that an applicant demonstrate that the preferred site is the "Least Environmentally Damaging Practical Alternative (LEDPA)" when compared to alternative sites. During this phase of the project, only desktop surveys would be implemented to identify the LEDPA. The Consultant will: A. Prepare a Site Screening/Selection Strategy Memorandum. i. Preparing a draft Site Screening/Selection Strategy Memorandum including: a. Seawater Desalination Siting Selection Factors; b. List of Potential Sites; c. Potential Sites Screening Matrix; d. Develop Concentrate Disposal Modelling Screening Tool. ii. Briefing relevant state and federal regulatory agencies to discuss site selection strategy; iii. Incorporating any necessary changes to the draft Site Screening/Selection Strategy Memorandum to address regulatory agencies' feedback; iv. Submitting draft Site Screening/Selection Strategy Memorandum to LGC and Stakeholders for review and comment; v. Addressing review comments and finalizing the Site Screening/Selection Strategy Memorandum. B. Conduct Site Screening and Candidate Site Selection. This task consists of implementing the Site Screening/Selection Strategy to screen, review and rank Potential Sites to select up to four (4) Candidate Sites -two in the Ingleside area and two in the City of Corpus Christi area- and includes the following: i. Screening and ranking Potential Sites: for each potential site, a site description including applicable intake and concentrate management strategies, results of applying the Concentrate Disposal Modelling Screening Tool, risk and environmental sensitivity issues will be included; ii. Preparing a draft Candidate Site Selection Recommendation; iii. Presenting the draft Candidate Site Selection Recommendation to LGC and Stakeholders; iv. Incorporating any necessary changes to the Candidate Site Selection Master Services Agreement Memorandum to address feedback provided by LGC and Stakeholders; v. Finalizing the Candidate Site Selection Memorandum; vi. Document LGC authorization to conduct evaluation of the selected Candidate Sites. C. Conduct Candidate Site Evaluation and Recommend Preferred Site i. Obtain site access authorizations and conduct Candidate Sites visits; ii. Conduct necessary desktop surveys for seagrass, oysters, tidal wetlands; iii. Conduct desktop habitat assessments for federally -listed species; iv. Prepare draft Candidate Sites Evaluation and Siting Recommendation Memorandum including: a. Candidate Site Description and Evaluation; b. Assessment of intake strategies and intake recommendation for each site; c. Assessment of concentrate management strategies and discharge recommendation for each site; d. Run Concentrate Modelling Screening Tool; e. Site Permitting Overview; v. Conduct briefing meetings with state and federal regulatory agencies to discuss results of candidate sites evaluations; vi. Prepare draft template Site Land Use Agreement; vii. Submit Candidate Sites Evaluation and Siting Recommendation Memorandum and draft template Site Land Use Agreement to LGC, and Stakeholders for review; viii. Address review comments and revise Candidate Sites Evaluation and Siting Recommendation Memorandum and draft template Site Land Use Agreement as needed; ix. Conduct Workshop to Present and approve Site Selection Report and Draft Land Use Agreement; x. Provide draft workshop minutes for comments, address comments and finalize minutes documenting site selection decision; xi. Assist in negotiation and execution of Land Use Agreement/Option. 4. SITE SURVEYS AND STUDIES The purpose of this task is to conduct necessary site surveys and complete studies required for preliminary design and permitting of the desalination project. A. Complete Site Surveys, including: i. Brine dispersion modeling ii. Traffic and access survey for the Preferred Site/s iii. Assessment of site risks (erosion, siltation, flooding, major storms) for the Preferred Site iv. Power supply study to identify potential sources of power for the desalination plant and facilities (conduits, transformers, etc.) needed to deliver this power to the desalination plant site. Master Services Agreement 5. SOURCE WATER CHARACTERIZATION The purpose of this task is to prepare and begin implementation of a Source Water Characterization Plan. The Consultant will: A. Prepare and Implement Source Water Quality Characterization Plan; this task includes the following: i. Preparing a draft Source Water Quality Characterization Plan; ii. Briefing TCEQ on the draft Source Water Quality Characterization Plan; iii. Incorporating any necessary changes to the Source Water Quality Characterization Plan to address TCEQ's feedback; B. Completing a Source Water Sampling and Laboratory Analysis and data collection and reporting as per the Source Water Quality Characterization Plan. Conduct watershed sanitary survey for selected site; this task includes: i. Preparing a Watershed Sanitary Survey; ii. Briefing TCEQ on the results of the Watershed Sanitary Survey and Source Water Quality Characterization; iii. Incorporating any necessary changes to the Watershed Sanitary Survey to address TCEQ's feedback; iv. Providing a final Watershed Sanitary Survey Report for the Selected Site to the City and the LGC. C. Implement Data Collection Plan 6. CONFIRMATION OF PLANT SIZE, WATER USERS, WATER DEMAND, & POINTS OF PRODUCT WATER DELIVERY The purpose of this task is to confirm the plant size, the water users, water demand and points of product water delivery. The Consultant will: A. Prepare a memorandum confirming: i. Plant(s) size, ii. water users, iii. water demand, and iv. points of product water delivery B. Present the memorandum to the LGC and Stakeholders for comment C. Address comments and finalize memorandum; D. Document LGC and Stakeholders approval of memorandum Master Services Agreement 7. INFRASTRUCTURE INTEGRATION PLAN The purpose of the Infrastructure Integration Plan is to examine water quality compatibility and desalinated water delivery alternatives to select a desalinated water conveyance and integration strategy to incorporate the desalination plant into the regional water supply system. The Consultant will: A. Prepare a Water Quality Integration Report. This task includes, i. Preparing a Water Quality Integration Report (WQ Report) assessing potential impacts and mitigating measures associated with the delivery of desalinated seawater into the regional drinking water system; ii. Submitting WQ Report to City, LGC, and Stakeholders for review; iii. Addressing review comments and finalizing WQ Report; B. Conveyance Infrastructure. This task includes the following: i. Preparing a draft Alternative Water Delivery Routes and Preferred Route Memorandum including: a. Mapping of alternative delivery routes; b. Rights-of-way issues; c. Condition and capacity of existing conveyance infrastructure; d. Pressure and volume delivery requirements; e. Onsite/offsite storage requirements; f. Type and size of structures at the points of interconnection with the water delivery infrastructure; g. Initial subsurface survey along proposed routes; h. Environmental, traffic and noise sensitivity assessments; i. Rights of way acquisition requirements; j. Cost estimates ii. Submitting draft Alternative Water Delivery Routes and Preferred Route Memorandum to City, LGC, and Stakeholders for review; iii. Addressing review comments and finalizing the Alternative Water Delivery Routes and Preferred Route Memorandum; iv. Prepare Water Delivery Infrastructure Report and Draft Existing Infrastructure Use Agreements for the Preferred Delivery Route; v. Assist in negotiation and execution of Existing Infrastructure Use Agreements of the LGC with the Infrastructure Owners; vi. Assist in negotiation and execution of Right of Way/Land Acquisition Agreements of the LGC with the Land Owners. Master Services Agreement 8. CONCEPTUAL DESIGN OF INTAKE AND OUTFALL FACILITIES The purpose of this task is to prepare a conceptual design of the intake and outfall facilities in preparation for permit applications. The Consultant will: A. Prepare Conceptual Design of the Plant Intake and Outfall Facilities i. Prepare and Hold Technical Team Coordination Call ii. Analyze options and select most viable type, location and configuration of intake and outfall facilities for the Preferred Site/s iii. Consider environmental or ecological constraints in design to avoid or minimize impacts to resources (in case the project requires an IP review process and LEDPA must be demonstrated) iv. Prepare Intake/Outfall Selection Memo v. Conduct Technical Team Review vi. Revise, finalize and deliver Intake/Outfall Selection Memo 9. POWER SUPPLY AGREEMENT The purpose of this task is to develop a power supply agreement for the seawater desalination project. The Consultant will: A. Develop a high-voltage power supply specification; B. Meet with Power Supplier(s) to define size and location of high voltage power supply facilities for the seawater desalination project; C. Prepare preliminary design of the high voltage power supply system; D. Prepare Draft Power Supply Term Sheet; E. Discuss Draft Power Supply Term Sheet with power supplier and determine conditions and costs for power supply; F. Present proposed High Voltage Power Supply System and Term Sheet to the LGC; G. Develop Draft Power Supply Agreement; H. Assist the LGC with the negotiation of the Power Supply Agreement with the Supplier Master Services Agreement 10. PROJECT DELIVERY TECHNICAL STRATEGY The purpose of this task is to summarize relevant project information and prepare a strategy to guide Project Delivery activities. The Consultant will: A. Develop agenda for the Technical Strategy Session; B. Develop Technical Strategy Session Workbook & Presentations; C. Confirm project size, desalinated water users and points of water delivery; D. Seawater quality, modeling requirements, and data requirements; E. Regulatory and Construction Permits, Permitting Strategy; F. Site access, land use rights and rights of way issues; G. Pilot Test Requirements; H. Concentrate Management; I. Project and Program Critical Path; J. Design Criteria Package Development; K. Design Criteria Outline; L. Coordination with Contract Development and/or Development of Term Sheet for Water Purchase Agreement; M. Project Risk Allocation; N. Going forward - Issue Resolution Activities; O. Facilitate two-day workshop; P. Prepare Technical Memorandum summarizing the outcomes of the Project Delivery Technical Strategy Session. 11. FILING OF OWNER'S PERMIT APPLICATIONS The purpose of this task is to prepare and file water -rights and relevant permits required for the seawater desalination project. The Consultant will: A. File Owner's Permits Applications. This task includes: i. Coordinate with US Army Corps of Engineers to identify required Section 10 and 404 permit authorizations (i.e., Pre -Application Meeting or Joint Evaluation Meeting). ii. Attend meetings with other applicable resource agencies to confirm and/or define other permitting requirements iii. Preparing and filing TPDES permit application iv. Prepare and filing land application for water treatment sludge permit application v. Preparing water rights and new source approval application a. Environmental tasks to address Texas Water Code §§11.147, 11.1491, 11.150, and 11.152 and Title 30 Texas Administrative Code §§297.53, 297.54, 297.55, and 297.56 • Attend two pre -application meetings with TCEQ WR Permit Staff to identify permit application requirements and to obtain Master Services Agreement concurrence on the desktop studies to be performed to support the WR Permit application • Perform desktop evaluation of project effects on bay/estuary inflows based on TCEQ eFlow Rule • Perform desktop evaluation of project effects on fish and wildlife habitat • Perform desktop analysis of project effects on water quality • Perform desktop analysis of project effects on instream uses • Prepare technical memorandum summarizing desktop studies for inclusion with the TCEQ water right permit application • This scope assumes that environmental studies will be prepared based on desktop analysis of available information for effects on bay/estuary inflow, fish and wildlife habitat, water quality and instream uses. Field studies, if required and authorized, can be provided as additional services. vi. Preparing and filing application for public water system registration vii. 12. SUPPLEMENTAL PROJECT DEFINTION SUMMARY REPORT AND PROJECT PROCUREMENT PLAN The purpose of this task is to summarize the results of the Supplemental Project Definition Phase and identify key next steps associated with permitting and project implementation. The Consultant will: A. Prepare a Supplemental Project Definition Summary Report and Project Procurement Plan: B. Conduct a workshop to present and discuss the Supplemental Project Definition Summary Report and Project Procurement Plan; C. Revise and finalize the Supplemental Project Definition Summary Report and Project Procurement Plan as needed to address workshop comments; 13. TWDB FINANCIAL ASSISTANCE (SWIFT #1) This task has been ongoing since January 1, 2017 and will conclude with the execution of a loan agreement with the TWDB. The purpose of this task is to assist the City in securing SWIFT funding in the 2017 cycle to implement the Supplemental Project Definition and permitting Activities. The Consultant will: A. Assist the City with preparation and filing of a SWIFT Abridged application; B. Upon issuance of a Texas Water Development Board (TWDB) invitation to file a full SWIFT application, assist the City in preparing a financial assistance application package for funding of the Supplemental Project Definition and Permitting activities (Draft SWIFT Application); C. Monitor TWDB's SWIFT financial assistance review process through financial close of application; attend up to three (3) coordination meetings with TWDB and City staff as needed. Master Services Agreement 14. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION The purpose of this task is to provide oversight for an orderly and timely execution of the Scope of Services. A. Meetings i. One (1) Kick-off Meeting; ii. Coordination meetings every two months with City staff and Stakeholders Representatives; iii. All meetings associated with the contract administration, project management, and outreach will be approved by the City Project Manager(s) before they are scheduled. B. Status Reports i. Provide monthly status reports including: a. progress in the last month; b. anticipated progress for the upcoming month; c. upcoming submittals/milestones; d. upcoming meetings/workshops, data requests/project needs; and e. list of milestones denoting completion or notes for pending completion. ii. If needed, hold a monthly conference call with City and Stakeholders Representatives to discuss the monthly status report. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by City. The Consultant may not begin work on any services under this section without specific written authorization by City. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by City as required. The Consultant shall, with written authorization by City, perform the following: A. Communications and Public Outreach i. Develop an Outreach Plan and Protocol with objectives, milestones, target stakeholders and partners, and logistics for Local, State, and (optional) Federal outreach. This plan will need to be updated throughout the project; ii. On an on-going basis, identify potential outreach opportunities and action items; iii. Monitor state and relevant stakeholders' desalination -related legislative initiatives; iv. (Optional) Monitor federal stakeholders' desalination related initiatives; v. Schedule and participate in up to four (4) legislative briefings with TWDB, Legislators, Texas Desal Association; vi. (Optional) Hold Strategy or Educational Workshop(s) for stakeholders, public officials, and public; vii. Prepare briefing materials for key stakeholders which could include federal, state, and local entities or individuals; viii. Prepare presentations and provide general support to the City, the LGC and Stakeholders; ix. Public Outreach efforts: a. Provide technical information to support communication and outreach efforts by the City, the LGC and Stakeholders; Master Services Agreement b. Provide logistical support for planning, coordinating, and implementing the Outreach Plan and Protocol; c. As needed, assist with media outreach through preparation of project briefing materials or media releases; d. Provide up to two (2) project update presentations to the Corpus Christi City Council and the San Patricio Municipal Water District. x. Attend and assist with updates to the Stakeholders Group. B. Preparation and submission of a Section 10/404 permit application with US Army Corps of Engineers C. Preparation of any National Environmental Policy Act (NEPA) documents, including those that may be needed to support a US Army Corps of Engineers Individual Permit, or for TWDB funding assistance. D. Geotechnical study for the Preferred Site/s E. Bathymetric Survey of the Intake and Discharge Areas of the Preferred Plant Site F. Detailed Ecological Surveys or Impact Assessments of the Intake and Discharge Areas of the Preferred Plant Site (e.g., federally -listed species, Essential Fish Habitat, etc.). G. Coordination with TCEQ, other agencies, project opponents and interested parties in water right permitting process after submission of application. H. Providing expert testimony in contested case water right hearing, if needed. I. Sediment Transport Study J. Survey topography, existing utilities, and structures (above and underground) of the Preferred Site K. Survey Large -Volume Water Customers; L. Assist in cost allocation and rate structure strategy development; M. Assist in the evaluation of organizational options for the Seawater Desalination Project; N. Conduct detailed Concentrate Discharge Modelling for permitting of facilities; O. Develop methodology to value contributed assets such as land, power, and other project - related infrastructure; P. Conduct a workshop to assist the LGC with the selection of a Seawater Desalination Project Procurement Methodology; Q. Develop requisite documents for a Design -Build Seawater Desalination Project Procurement Phase, R. Prepare agreements necessary to support implementation of the Seawater Desalination Project, S. Assist in securing financial assistance for permitting, pre -design and project procurement activities; T. Specific, additional spatial data analyses beyond what is described herein; Master Services Agreement EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE 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. 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. PRINCIPAL(S): HOURLY RATE ($/hr) 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. Master Services Agreement Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Sample form for: Payment Request AE Contract Revised 02/01/17 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "C" Page 1 of 1 EXHIBIT D Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to 1 Rev 07/16 submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 H,7■ City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BYLI'I 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: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 8 ZIP: 78401 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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2, 2$, l.\ 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: 2017-261151 Date Filed: 09/15/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. 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. Seawater Desalination Provide professional engineering services relating to Seawater Desalination as requested by Client including initial feasibility phase of the project and additional site selection and permitting act. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Cole, Scott Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X New, John San Antonio, TX United States X Taylor, Jeff Houston, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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. rei!"! .ii,‘ LISA BOGGS �` '•� ' NotaryPublic, State of Texas i( My Commission Expires1./... �- OS '••Iz aj,„te 06/25/2019 ignature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said rI-C sr.6 V zrvvDi , this the I VII day of 20. 11 to certify which, witness my hand and seal of office. Signa re of officer administe ' u . th Printed name of officer ad in' ering oath Title of offiq administering oath Forms provided by Texas Ethics Commission www. et h i c s. state . tx. u s Version V1.0.3337 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 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 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 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 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 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 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 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 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 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 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 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 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 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 AGENDA MEMORANDUM Firs Reading for the City Council Meeting of October 31, 2017 Second Reading for the City Council Meeting of November 7, 2017 DATE: October 12, 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: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Construction Contract Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction Airport Capital Improvement Program Ordinance appropriating $4,899,563.58 from a Federal Aviation Administration Grant; appropriating $544,395.98 from Airport Operating Reserve and transferring to Airport Capital Reserve for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron project; amending the FY '18 Capital Improvement Program (CIP) Budget by $5,443,959.56; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc., of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. PURPOSE: The purpose of this Agenda Item is to appropriate a federal grant and obtain authority to execute a construction contract with the lowest responsible bidder, SpawGlass Civil Construction, Inc. of Houston, Texas for the CCIA East General Aviation (GA) and Terminal Apron Project. BACKGROUND AND FINDINGS: This project is an approved CCIA Capital Improvement Project that is a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Airport Capital Improvement Program description: "Reconstruct East GA Apron to include the removal of existing asphalt pavement and replace with reinforced concrete, aircraft tie -downs, striping and upgrades of apron lighting. Existing apron has shown signs of deterioration and base failures and needs replacement. East and North aprons serve Signature Flight Support Fixed Based Operator (East FBO) and are essential for maintaining service to GA aircraft. Project will be phased accordingly within funding availability." The Terminal Apron and East General Aviation Apron are areas of the airport where aircraft are parked, unloaded or loaded, refueled, or boarded. The Terminal Apron services commercial passenger airlines that access the main Terminal and the East GA Apron services additional aviation activities outside the terminal including the Signature Flight Support Fixed Based Operator (East FBO). The total pavement area of the two aprons is approximately 161,000 square yards (SY) with approximately 102,000 SY for the Terminal Apron and approximately 59,000 SY for the East General Aviation (East GA) Apron. The existing apron pavement is a combination of Portland Cement Concrete (PCC) and Hot -Mix - Asphalt -Concrete (HMAC) and is experiencing severe distress with minor longitudinal / transverse cracking, rutting and concrete spelling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or prop wash. The pavement cracking allows greater water penetration into the base and subgrade accelerating structural degradation of pavement. The apron pavement improvements are planned for six construction phases. Phase 1 was designed by KSA and is currently under construction by SpawGlass Civil Construction, Inc. The final phase of construction, Phase 6, is planned to start in 2021. This item awards the construction contract to SpawGlass for Phase 2 of 6. Project Scope: This construction contract provides for rehabilitation / reconstruction of the southeast corner section of East GA and Terminal Apron pavements. During the design phase, replacement of existing HMAC was recommended with PCC to support heavy aircraft and equipment loads with less overall maintenance. This project was developed with a Base Bid plus three Additive Alternatives as follows: Base Bid — Rehabilitate and replace existing HMAC with PCC for approximately 7,733 SY of Terminal Apron and 2,635 SY of East GA Apron. Work includes grading, pavement markings, electrical and drainage improvements. Additive Alternate No. 1 — Increase GA Apron Reconstruction to replace an additional 1,615 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. Additive Alternate No. 2 — Increase the GA Apron Reconstruction to replace an additional 807 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 — Increase the GA Apron Reconstruction to replace an additional 807 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. On August 9, 2017, the City received proposals from three (3) bidders. One bidder was determined to be non-responsive and the proposal rejected. The responsive bids are as follows: Contractor Base Bid Add Alt 1 Add Alt 2 Add Alt 3 TOTAL SpawGlass Civil Construction, Inc. Houston, Texas $3,369,687.21 $422,597.95 $224,722.84 $224,706.70 $4,241,714.70 Bay, Ltd. Corpus Christi, Texas $3,696,035.15 $448,533.00 $239,828.98 $231,758.98 $4,616,156.11 Engineer's Opinion of Probable Cost $3,855,000 $454,624 $222,789 $222,789 $4,755,202 Both bids were within engineer's estimate and available funds. The lowest responsive and responsible bidder was determined to be SpewGlass Civil Construction, Inc. of Houston, Texas. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2017-2018 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Airport FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2017-2018 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $7,944,000.00 $15,888,000.00 $23,832,000.00 Encumbered / Expended Amount This item Construction 4,241,714.70 4,241,714.70 Future Anticipated Expenditures This Project 3,116,485.30 15,888,000.00 19,004,485.30 BALANCE $0.00 $0.00 $0.00 Fund(s): Airport CIP AV 06, AVO8 Comments: N/A RECOMMENDATION: City staff and Garver, LLC. recommend the construction contract be awarded to SpewGlass Civil Construction, Inc. in the amount of $4,241,714.70 for the base bid and three additive alternates for the Corpus Christi International Airport (CCIA) East GA and Terminal Apron project. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Form 1295 Grant Award Page 1 of 2 Ordinance ORDINANCE APPROPRIATING $4,899,563.58 FROM A FEDERAL AVIATION ADMINISTRATION GRANT; APPROPRIATING $544,395.98 FROM AIRPORT OPERATING RESERVE AND TRANSFERRING TO AIRPORT CAPITAL RESERVE FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) EAST GENERAL AVIATION (GA) AND TERMINAL APRON PROJECT; AMENDING THE FY '18 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY $5,443,959.56; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH SPAWGLASS CIVIL CONSTRUCTION, INC., OF HOUSTON, TEXAS IN THE AMOUNT OF $4,241,714.70 FOR THE CCIA EAST GA AND TERMINAL APRON PROJECT FOR THE BASE BID PLUS THREE ADDITIVE ALTERNATES. WHEREAS, SpawGlass Civil Construction, Inc. was the lowest responsible bidder for the CCIA East GA and Terminal Apron Project; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $4,899,563.58 from the Federal Aviation Administration Grant No. 3- 48-0051-056-2017 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That $544,395.98 from Airport Operating Reserve is appropriated and transferred to Fund 3018 Airport Capital Reserve Fund. SECTION 3. That the FY 2017-2018 Capital Improvement Program Budget adopted by Ordinance 031249 is changed to increase revenues and expenditures by $5,443,959.56. SECTION 4. The City Manager or designee is authorized to execute a construction contract with SpawGlass Civil Construction, Inc. of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Corpus Christi International Airport East General Aviation and Terminal Apron Reconstruction Airport Capital Improvement Program PROJECT FUNDS AVAILABLE: Airport Grant (Federal Aviation Administration) 4,899,564 Airport CIP 544,396 TOTAL FUNDS AVAILABLE 5,443,960 FUNDS REQUIRED: Construction Fees 4,665,886 Construction (SpawGlass Civil Construction) THIS ITEM 4,241,715 Contingency (10%) 424,171 Design, Construction Management & Testing Fees. 279,100 Engineer (Garver, LLC.) Task Order No. 4 279,100 Contract Management, Reimbursements and Miscellaneous 273,197 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 108,879 Engineering Services (Project Mgt) 163,318 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 5,218,183 ESTIMATED PROJECT BUDGET BALANCE 225,776 CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E15223 & E15224 CCIA East GA Apron and Terminal Apron Reconstruction CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT 400 Corpus Chr sti Engineering Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction Council Presentation October 31, 2017 Project Location MEM 5 moo wA CCIA EAST GA APRON, and TERMINAL APRON RECONSTRUCTION L C.( 41. Corpus Chr sti Engineering 2 Project Vicinity C.( 41, Corpus Chr sti Engineering Corpus Christi International Airport f CCIA EAST GA APRON and TERMINAL APRON RECONSTRUCTION 4 Project Scope Corpus Chr sti Engineering This is a joint FAA/City project with respective cost sharing of 90/10 to rehab/reconstruct the Terminal and East General Aviation Aprons. The combined aprons total approximately 161,000 SY that include both HMAC and PCC pavement. This item includes construction award for Phase 2 of 6. Construction award of Phase 2 includes Base Bid plus Additive Alternatives 1, 2, & 3 to SpawGlass Civil Construction, Inc. with the following: ➢ Replacement of 13,597 SY of existing HMAC with new PCC pavement with associated excavation, grading, compaction and concrete placement ➢ New pavement markings ➢ Electrical upgrades for airfield lighting and signage ➢ Drainage improvements Project Schedule Corpus Chr sti Engineering 20161 2017 2018 O 0 D A Design A O 0 Bid/ Award D A A Construction Projected Schedule reflects City Council award in October 2017 with anticipated completion in November 2018. Project Scope tor Corpus Chr sti Engineering Questions? Project Scope Corpus Chr sti Engineering Rehabilitate Terminal Apron, Base Bid This phase will consist of the rehabilitation of approximately 7,733 S.Y. of Hot -Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical and drainage improvements Rehabilitate East GA Apron, Base Bid This phase will consist of the rehabilitation of approximately 2,635 S.Y. of Hot -Mix Asphalt Concrete with Portland Cement Concrete, grading, and pavement markings. Additive Alternate 1 Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 1,615 SY of Hot -Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements. Additive Alternate II Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 807 SY of Hot -Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements. Additive Alternate III Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 807 SY of Hot -Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements. 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512,485,0009 FAX 512.485.0010 www GarverUSA com September 11, 2017 City of Corpus Christi Engineering Services Attn: Mr. Jeff Edmonds 1201 Leopard Street Corpus Christi, Texas 78401 Re: Corpus Christi International Airport East GA and Terminal Apron Reconstruction — Project No. E15223 and E15234 Recommendation of Award Dear Mr. Edmonds: Bids were received for the "East GA and Terminal Apron Reconstruction" project at City Hall at 2:00 p.m. (local time) on August 9, 2017. The bids have been checked for accuracy and for compliance with the contract documents. A tabulation of the bids received is enclosed with this letter. A total of 3 bids were received on the project. The bid by Mitchell Enterprises, Ltd. was rejected (see attached Evaluation of Bids letter dated August 23, 2017, and Rejection of Bid letter dated September 7, 2017). Therefore, of the remaining bids, SpawGlass Civil Construction, Inc. submitted the low bid for the project in the amount of $3,369,687.21 for the base bid and three additive alternates. The Engineer's Opinion of Probable Cost was $3,855,000 for the base bid and three additive alternates. We believe that the bid submitted by SpawGlass Civil Construction, Inc. represents a good value for the Corpus Christi International Airport. Contingent upon approval of Federal Aviation Administration funding for the project, we recommend that the construction contract for the "East GA and Terminal Apron Reconstruction" be awarded to SpawGlass Civil Construction, Inc. Please call me if you have any questions. Sincerely, GARVER, LC J1dsh Cra , . rd, P.E. Project M= ager Attachments Bld Tabulation Evaluation of Bids letter, dated August 23, 2017 Rejection of Bid letter, dated September 7, 2017 TABULATED BY' Josh Crawlord, P.E. TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TIME OF COMPLETION: Base Bid: 365 Calendar Days BID DATE. August 9. 2017, 100 P1A (Local Tlm.l ENGINEER'S ESTIMATE: BASE BID: 13,155,000,00 EAST OA AND TERMBVAL APRON RECONSTRUCTIONMITCHELL PROJECT 140. E15223 & E15234 ENGINEERS ESTIMATE ENTERPRISES, LTD 700 N. CROCKETT BHERMAN, TEXAS 75090 SPAWGLASS CML CONSTRUCTION, INC. 13600 WEST ROAD HOUSTON, TEXAS 77041 BAY LTD 1414 VALERO WAY CORPUS CHRISTI TEXAS 76109 ITEM QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BID PART A-5ASE001-OENERAL Al 1 LS. 01 29 01MO8IUZATION 3260.660.00 0250.000.00 6359-612 00 1359.8120[ 1334.310.00 s334.310.00 5137.000.00 5137.000.00 A2 1 LS. 012901 BONDS ANO INSURANCE 5100.000.00 0100.000.00 3125,684.00 0125.664.00 074.521.00 574.521.00 535.000.00 135.00000 A3 1 LS. 012901OWNER'S PROTECTIVE INSURANCE 510.000.00 510.000.00 116480.00 118,480.00 53.735.00 13.735.00 510.500.00 510.500.00 SUBTOTAL PARTA - BASE BRI -GENERAL (Items AI thru Ail 5360.000.00 5503,956.00 1412.566.00 6182.500.00 IPa116 . BASE NO -TTERMWNAL APRON 811 LS. 55.126-3.1 SiTE PREPARATION 5250410.00 5250.410.00 1138.762.00 3138.782.0E 1317,601.51 7317801.61 5334.300.00 5334.300.' 82 1 LS. SS•130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS 05.000.00 55.000.00 31.404,00 51,404.00 06,437.65 56.437.85 51.000.00 51.000. 83 453 LF. 55.220-5.1 DITCH GRADING 515.00 36.79500 146.00 520,83800 531 92 314.414.46\ 525.00 511.325. 84 1 LS. SS -300-5.I LOCKOUT/TAGOUE AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 310.000.00 310.000.00 35.00000 15000.00 53046.47 13.046.47 52.600.00 32.600.�� 05 7 EACH 55-301-5.1 EXISTING BASE MOUNTED EDGE UGHT, REMOVED 3300.00 32.10000 340400 52.1126.0[ 5131.99 3923.93 3630.00 34.410., 06 250 LF. 55.301-5.I EXISTING CONCRETE ENCASED, ELECTRICAL CONDUIT, TWAY 2'C, REMOVED 52Q.00 55.000.000 520.00 15.000.00 513.52 33.300.00 310.75 52.687, 87 5 EACH 16310-5.11661T(LI BASE MOUNTED TAXIWAY EDGE LIGHT. INSTALLED 0250000 312.500.00 11.178.00 57390.00 53,079.96 35.399.30 32.100.00 510.500.'' BB 1 LS. 55310-S2TEMPORARY AIRFIELR LIGHTING 65.000.00 f5,000.Oq 56,160.00 56.160.00 52.604.63 52.604.63 14600.00 14600.'' e9 7773 S.Y P.101.5 1 PAVEMFM REMOVAL, ASPHALT IS"I 310.00 577,830.00 511.00 685.6110[ 510.61 184,13423 5150 327.240. BIO 4380 C.Y P•1524 1 UNCLASSIFIED EXCAVATION 515.00 585.700.80 525.00 5109.500.00 521.47 594.038.60 31225 553.655. ell 1000 C.Y P.152..2 UNSUITABLE EXCAVATION 630.00 530.000.00 53000 530.000.00 521.63 521.630.0k. 160.00 360.000. 912 1 LS. P-156-S.I TEMPORARY ERO51ON CONTROL 130.000.00 530.000,00 110,395.00 510,395.00 528.901.43 126.601.43 526.200.00 526.200. 013 7856 5.Y P.30441, I CEMENT TREATED BASE COURSE 110') sum) 3274.950.00 544.00 5345.664.00 641.70 3327.595.20 334.00 5267.104. 014 7783 S.Y P601.81 PORTLAND. CEMENT C0N0tETE PAVEMENT (151 321000 31,634.430.00 5119.00 5926.177.00 515848 31.217,683.111 3230.00 51.790.090.'' 015 922 S.F P.620.51.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA 3300 52.766.00 53.00 32.766.00 1767 33.363.7` 13.40 53.134. 016 1756 S.F P-6245116 PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA 5100 55.261100 32.00 13,512.0[ 5194 35,162.04 33.40 55 870.1 EAST OA ANA TERMUNAL APRON RECONSTRUCTON N 8 ECON PROJECT NO, APRON ENGINEERS ESTIMATE MITCHELL ENTERPRISES, LTB 700 N. CROCKETT SHERMAN, TEXAS 75090 SPAWGLASS CIVIL CONSTRUCTION, INC. 13900 WEST ROAD HOUSTON. TEXAS 77041 BAY LID 1414 VALERO WAY CORPUS CHRISTI. TEXAS 78409 617 601 S.F P.620.5.2 PAVEMENT MARKING REMOVAL 5.11.00 $8.811.00 93.00 52 403.00 52.69 52.154.69 53.40 32.723,4! 618 0.4 ACRE T-901 5.1 SEEDING 57.m3.00 32.800.00 59,000.00 33.600.00 526.393.18 511.3572 7 330.000.00 312,000,0! 619 367 S Y 7.904-5 1 SODDING 515.00 35.50500 913.00 54.771.00 324.03 50.819.01 526.00 39,542.0E B20 875 LF L 1085.1ND. 8AWG, SkV, L 824, TYPE C CABLE INSTALLED IN TRENCH, DUCT BANK OR CONDUIT _ 12.00 51.750.00 34.00 $3.500.00 31.82 51.592.50 51.95 51.70625 621 715 LF TRENCH. ABOVE THE DUCT BK OR L 108-5-2 No.6 AWG, 5011D, BARE COUNTERPOISE WIRE, I815TAILE31N AR CONDUIT. INCLUF1ING GROUND RODS AND GROUND CONNECTORS 1200 3750.00 67.00 32.625.00 52.33 5073.75 51.95 373125 622 375 LF L 1105 1NON-ENCASED. ELECTRICAL [GROUT!' WAY 2`C 11500 35.625.00 $6.00 33.000.00 37.52 52.920.00 515.75 35.906.2E SUBTOTAL PART B- BASE BIO- TERMINAL APRON Timms 61 lhru 6221 32.443,000.00 11.720.928.00 32.164,455.15 32,637,426.3! Part C -BASE BD - EAST OA APRON C1 1 L.S. 55-120.3.1 SITE PREPARATION 5250.385.00 *250305.00 514.439.00 514.439.00 5102,417.01 5102.417.07 36.200.00 16200... C2 1 LS. SS -1304.1 TRENCH AND EXCAVATION SAFETY SYSTEMS 5500000 0500000 $86200 5662.00 56 437.85 56.437.85 01,300.00 51.300... C3 2635 S.Y 9-10152P60EMENT REMOVAL ASPHALT (111''. 310.00 526.350.00 518.00 347.430.00 110.06 026,508.10 58.10 321.343. C4 33 5.Y 9 101 5.3 PAVEMENT REMOVAL PCC 111'+ 310.00 5330.00 560.00 31,880.00 1157.45 55.115,85 5130.00 34.290... C5 1027 C.Y P-1524.1 UNCLASSIFIED EXCAVATION 315 00 515.405.00 525,00 525,675.00 62130 523.929.10 316.00 516.432... C6 1000 C.Y P 1524.2 UNSUITABLE EXCAVATION 530.00 330.000.00 530,00 530,00000 32289 522690.00 347.00 347.000.,, C7 2635 5.Y P-155.8.1 LIME TREATED SUBGRADE I3I°I $6.00 515.610.00 514.00 130,890.00 51120 529.512.00 57.50 519762. , C8 87 TON P•155.8.2 LIME 5250.00 321.750.00 5261.00 522701.00 3242.46 521.094.02 5280.00 524.360... C9 1 LS. P.156.51 TEMPORARY EROSION CONTROL 530.000.00 530.000,00 53,636.00 53.638.00 39.894.43 59.894.43 326.200.00 526200. 010 2635 5,Y P-309.8.1 CEMENT•TREATED BASE COURSE I101 535.00 592225.00 344.00 5115.940.00 343.55 $114,75125` 535.00 092.225... 031 2666 9.Y P-5038.1 PORTLAND CEMENT CONCRETE PAVEMENT I IS, 521000 5560,280.00 5119.00 5317.49200 3160.11 $427.173.48 1230.00 6613.640... C12 281 5.F 9-670.5.1 la PAVEMENT MARKINGS IYELIOWI WRH REFLECTIVE MEDIA 13.00 3643.00 53.00 5843.00 53.67 5103127 53.40 5955.4. C13 518 5.F. P-620.5.116 PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA 13.00 51.55400 3200 010313.0k 32.94 51.522.92 53.40 31.761 . 014 188 S.F. 9-6703.2 PAVEMENT MARKING REMOVAL 511.001 52,066.00 53.00 _ 5564.00 52.69 5505.72 13.40 3539 SUBTOTAL PART C - BASE BIO - EAST OA APRON 107 Vim 1111 51.052.000.00 3619,694,00 6792,668.06 5876,106. • . ADRI NE ALTERNATE I Pap 0 -ADOPTIVE ALTERNATE 1 -EAST OA APRON 01 1 EACH SS -301 5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED 1 5300.00 9300.011 5404.00 3401.0(1 I 3132.00 0132.00 52,200.00 52200... AL APRON RECDNSTRUCTLON EAST OA AND TERMINALPROJECTN, APRON iECON1 ENGINEERS ESTIMATE MITCHELL ENTERPRISES, LTO 700 N. CaOCKETT SHERMAN, TEXAS 75090 SPAWGLASS CML CONS7RUC710N, INC. 13600 WEST ROAD HOUSTON. TEXAS 77041 BAY LTD 1414 VALERO WAY CORPUS CHRISTI, TEXAS 78409 02 2 EACH 553103.1 L-861T¢I BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED 32.500.00 55.000.00 51478.00 32.958.00 91.117.72 32.235.44 31,700,00 57100.00 03 1615 S.Y P-101-5.2 PAVEMENT REMOVAL A5PHAL71111 910.00 11615000 518.00 529,070.00 513.91 322.161.65 36.70 514.050.50 04 647 C.Y. P-152-4.1UNCLASSFFIEO EXCAVATION 51500 19.705.00 525.00, 118.175.00 519.79 512.804.1N 112.00 57,764.00 05 1639 5.Y. P'155.5.l LIME-TREATEDSUSGRADE 112, $6,00 19.634.00 51400 522.94600 117.23 5211239.97 17.50 912.29250 136 54 TON P-1558.2 LIME 3250.00 513.500.00 2261.00 514,094,00 $242.46 113.092.64 1211.00 511.394.00 D7 1627 5.Y. F-304.8.1 CEMENT -TREATED BASE COURSE 1101 535.00 956.945.00 344.00 171.588.00 540.10 365.242.70 531.00 350.437.00 08 1615 S.Y P-5016.1 PORTLAND CEMENT CONCRETE PAVEMENT (151 521000 3339150.00 9119.00 1192.105.0 9167.67 3270,767.0 1210.00 5339.150.00 09 0-1 ACRE 1-901 5.1 SEEDING 57.000.00 1700.00 89.000.00 5900.00 139.504 BO 13,950.45 547,000.00 51.700.00 010 56 5.1 1-904.51SODOING 915.00 3640.00 913.00 3725.00 326,03 31,345.6 120.00 51.120.00 011 400 LF 9.1083 1 NO.8 AWG, 5 kV, L-824, TYPE C CABLE. INSTALLED IN TRENCH, DUCT SANK OR CONDUIT 92.00 $801200 34.00 51.600.00 32.07 3626.00 11.55 5620.00 011 100 LF L.105.5.2 NO 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED WIRE NCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS 52.00 1200.00 11.00 3400.00 55.09 5509.00 51.55 0155.00 013 100 LF L 1103 1 NON-ENCASED, ELECTRICAL CONDUIT 1 -WAY 2'C 315130 11.500.00 94.00 3400001/4, 59.66 5968.00 312.50 11.250.00 SUBTOTAL PART D - ADDITIVE ALTERNATE I - EAST 0A APRON I011R15 D139 1454,624.00 135344600 1422,597.95 9446.533.00 ADDITIVE ALTERNATE 0 - Part E- ADDITIVE /ALTERNATE B - EAST GA APRON El 807 SY 1.1015.7PAVEMENT REMOVAL ASPHALT 011 510.00 55070.00 918.00 514.526.00 510.06 38,119.42 31225 99.885.75 E2 314 C.Y P152-4 1 UNCLASSIFIED EXCAVATION 31500 54710.00 525.00 (7.650.00 $37.17 511,765.50 118.75 35.259.50 E3 819 S.Y P-15581 LIME TREATED SUBGRADEI12'1 36.00 54.914.00 594.00 911466.00 117.53 114,357.07 111.67 59.557.73 E4 27 TON P 155-8.2 LIME 5250.06 58 750.00 5261.00 57,017.00 5242.46 16.548.12 $220.00\. 55.940.00 (5 813 5.1. P 304-8.1 CEMENT'TREATE0 BASE 00655E11.01 135.00 928.455.00 341.00 535.772.08 54325 135,168.64 528.00 522.764.00 E6 607 S.Y. P501-6.1 PORTLAND CEMENT CONCRETE PAVEMENT1151 5210.00 5169.470.00 1119.00 196.033.00 1183.49 1148.076.43 1230.00 9165.610.0{ E7 28 S.Y. 7•904.5.I SODDING 515.00 $429.00 313.00 5384.00I 324.01 3672.26 529.00 3812.00 SUBTOTAL PANT E- ADDITIVE ALTERNATE R- EA51'0A APRON 1E1 Orli E71 5222.784.00 9173.056.00 5224,72284 5239.626.90 1 ADDITIVE ALTERNATE 1B Part 1 - mauve /ALTERNATE BI -EAST GA APRON Fl 807 6.1 P•1015.2 PAVEMENT REMOVAL ASPHALT 1111 510.00 56.70.00 518.00 T 514.526.00 910,06 58,118.42 - 512.25 59.565.75 F2 314 C.Y P 152-4 1 UNCLASSIFIED EXCAVATION 115.00 $4 710.00 125.00 57,550 Mk 537.47 511 765.68 116.75 55.259.50 F3 819 6.1 P-155-8.1 UME TREATED SUBGRADE 1121 $6.00 54.91100 114.00 511.466.04 917.53 514.357.07 511.67 19.557 731 EAST QA AND TERMINAL APRON RECONSTRUCTION PROJECT NO. APRON & [15234CON ENGINEERS ESTIMATE IMTCHELL ENTERPRISES, LTD 700 N. CROCKETT SHERMAN, TEXAS 75090 SPAWOLASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 BAY LTD 1414 VALERO WAY CORPUS CHRISTI, TEXAS 70409 F4 27 TON P.1558.I LIME 5250.00 58.750.00 5281.00 57.017,00 5242.48 38548.42 5220.00 15.940.00 FS 613 S.Y. P-304.8.1 CEMEHT-TR FATEO BASE COURSE (101 535.00 120.455.00 544.00 535.772.00 54326 535.188.64 120.00 522.764.00 F6 607 S.Y P 501.81 PORTLAND CEMENT CONCRETE PAVEMENT (15') 1210.00 5189.470.00 5119.00 596.033 DO 1183.47 5146.06029 5220.00 5177.540.00 F7 28 S Y 7 904 5 15010ING 51500 5420.00 513.00 5384.00 124.01 5872.20 529.00 1812.00 SUBTOTAL PART F • ADDITIVE ALTERNATE 10 - EAST OA APRON IF1 tMu F7) 1222.709.0C 3173.050.00 1224,708.70 $231.755.90 BASE BID SUMMARY TOTAL BASE BID -PART A 5380.000,00 3503958.00 $412.560.00 5182.500.00 TOTAL BASE 0112 -PART B 52.443008.00 11.720.925.00 32.154,455.15 52937,425.35 TOTAL BASE BIP -PART C 51052.008.00 3619694.00 5792.566.08 3878.109.80 GRAND TOTAL BASE BID 33.655,008.00 32,844,570.00 53.389.88721 53,598,035.15 ADOIi1VE ALTERNATE SUMMARY TOTAL AOOITIVE ALTERNATE 1 • IPART P1 5454,624, 0 $353.446.66 1422,597.95 5448,533.00 TOTAL ADDITIVE ALTERNATED - IPART E) 5222,789.00 3173,056.06 1224 722, 4 5239,875.90 TOTAL ADDITIVE ALTERNATE UI • !PART F) 5222,789.00 1173 056.00 5224 706.70 5231.758.90 Designates Corroded Total Price - Error In Extensions ENGINEERING SERVICES PQ Box 9277 Corpus Christi Texas 78469-9277 I201 Leopard Street 3"t Floor Carpus Christi Texas 78401 Phone 361-826-3500 Fax 361-826-3501 www.cctexas.com Construction Inspection 4917 Holly Rd., Bldg 5 Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 September 7, 2017 Mitchell Enterprises, Ltd. P.O. Box 3109 Sherman, Texas 75091 Re• Rejection of Bid for Protects # E15223 and E15234 Corpus Christi International Airport East GA and Terminal Apron Reconstruction Projects Dear Bidder: The City of Corpus Christi (the 'City") received your bid for Projects # E15223 and El 5234, Corpus Christi International Airport, East GA and Terminal Apron Reconstruction Projects. The City hereby rejects your bid for the following reason(s) listed in the bid documents. 24.01 The following will be cause to reject a Bid: ❑ BID ACKNOWLEDGEMENT FORM/Bid Submittal is not signed. ❑ No Bid Security, with Power of Attorney, submitted as required. ❑ Evidence of collusion among Bidders. O Swom testimony or discovery in pending litigation with City which discloses misconduct or willful refusal by Bidder to comply with subject contract or Instructions of City. O Failure to attend the mandatory Pre -Bid Conference. O Bidder has been debarred or suspended by Owner. O Bidder or principals are currently debarred or suspended by Federal, State or City govemmental agencies. 24.02 ❑ O The following may be cause to reject a Bid or to deem a Bid non-responsive or irregular: Poor performance under a previous City contract. Failure to achieve reasonable progress on an existing City contract. Default on previous contracts. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. Bid contains omissions, alterations of form, additions, qualifications or conditions not called for by City, or is incomplete. Failure to acknowledge receipt of Addenda. Evidence of Bidder's lack of capacity to perform the Work. September 7, 2017 Page 2 of 2 ❑ Failure to submit STATEMENT OF EXPERIENCE within the allotted time(s). ❑ Failure to timely execute Contract after award. ❑ Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). ❑ Bidder's Safety Experience. El Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 4516 STATEMENT OF EXPERIENCE. O Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision. O Unbalanced Unit Price Bid. O Evidence of Bidder's lack of capacity to perform the Work. If you would like to have your bld documents retumed, please contact us to schedule a pick up. Thank you for your interest in this project. Dana M. Espinal, MBA Senior Project Manager Engineering Services Reviewed by: ngineer o ord 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.GarverUSA.com August 23, 2017 City of Corpus Christi Engineering Services Attn: Mr. Jeff Edmonds 1201 Leopard Street Corpus Christi, Texas 78401 Re: Corpus Christi International Airport East GA and Terminal Apron Reconstruction — Project No. El 5223 and El 5234 Evaluation of Bids Dear Mr. Edmonds: Bids were received for the above referenced project at City Hall at 2:00 p.m. (local time) on August 9, 2017. The bids have been evaluated for accuracy and for compliance with the contract documents. A total of 3 bids were received on the project with Mitchell Enterprises, Ltd as the apparent low bidder. The tabulation of the bids received is also enclosed with this letter. Per Article 7 of Section 00 30 00 Bid Acknowledgement Form and Article 1 of Section 00 45 16 Statement of Experience, each bidder was required to provide the following for evaluation. 1. Bid Security 2. Section 00 30 00 Bid Acknowledgement Form and documentation of signatory authority 3. Section 00 30 01 Bid Form 4. Section 00 30 02 Compliance to State Law on Nonresident Bidders 5. Section 00 30 05 Disclosure of Interest 6. Section 00 30 06 Non -Collusion Certification 7. Section 00 72 03 Minority/MBE/DBE Participation Policy 8. Section 00 45 16 Statement of Experience Please consider the following as a summary of submittals we found to have information omitted, or were potential discrepancies in each bidder's submittal. Mitchell Enterprises, Ltd. • Section 00 30 00 Bid Acknowledgment Form: o Form was signed and attested but bidder did not provide separate documentation for signatory authority, as required per Article 10 of this Section. • Section 00 72 03 Minority/MBE/DBE Participation Policy: o The DBE subcontractor, AJ Airfield Lighting and Signs, was committed to $390,000 of the proposed total amount (base bid and additive alternates) for electrical and civil work associated with lighting/signs and cement treated base/base courses. AJ Airfield Lighting and Signs is DBE certified as an electrical contractor (NAICS 238210) but not for civil work associated with cement treated base course/base course. o If DBE goals are not met, the form included in this Section titled, Schedule of DBE Mr. Edmonds August 23, 2017 Page 2 of 3 Unavailability, is required to be signed by bidder. This form was not provided. o The bidder's total price for lighting/signs and cement treated base/base course is equivalent to 18.2% of the total proposed amount (base bid plus additive alternates) proposed. The percentage committed to the DBE subcontractor, AJ Airfield Lighting and Signs, per the DBE participation forms provided by the bidder does not match percentage proposed in bidder's Section 00 45 16 Statement of Qualifications for description of work to subcontract. • Section 00 45 16 Statement of Experience: a As required in Table 1 of this Section, in response to the question regarding bidder's average revenue for this current year, the bidder stated $12,000,000. The bidder's proposed total bid of $3,544,140 is approximately 30% of the bidder's estimated revenue. a The following questions were required to be addressed with a yes/no response, per Table 1 of this Section. • Question 1 regarding bidder's history of being disqualified from a bid within the past 10 years was not answered yes/no, but instead answered as not applicable. Due to the response from this question we cannot determine if this event has occurred. • Question 2 regarding bidder being released from bid or proposal in the past 10 years was not answered yes/no, but instead answered as not applicable. Bidder omitted disclosing a request on July 15, 2016 for release from previous bid with City of Corpus Christi for project El 5221. • Question 3 regarding history of bidder being in default on project or failure to complete work was not answered yeslno, but instead answered as not applicable. Due to the response from this question we cannot determine if this event has occurred. • Question 4 regarding bidder being involved in claims or litigation with project owners within the past 10 years (and if answer is yes, provide details in a separate attachment) was answered yes, Bidder acknowledged current claim with the City of Wichita Falls but details in separate attachment were not provided. Follow up with project owner indicated this is not a claim but currently in litigation. • Question 5 regarding history of liens or claims for outstanding invoices for project begun within the preceding three years was not answered yes/no, but instead answered as not applicable. Due to the response from this question we cannot determine if this event has occurred. o As required per Table 2 of this Section, the names of entities performing subcontracting work was not provided. Estimated percentage of contract price for base courses and electrical work to be subcontracted did not match that provided for DBE subcontractor committed to 11.0% in Section 00 72 03. a The following was determined from a follow up discussion with references provided by the bidder for the project experience. as required per Table 3 of this Section. • Reference follow up on the Taxiway and Apron Improvements project at Perryton-Ochiltree Airport reported contract time was 270 calendar days with 107 days for weather and time suspension for a total of 377 contract days; bidder stated contract days was 385 days. Reference stated the project was Mr. Edmonds August 23, 2017 Page 3 of 3 351 days late. Number of days late was omitted by bidder. • Reference follow up on the Hangar and Apron Improvements project at South Texas International Airport confirmed bidder's statement regarding issues with site work contractor failing to meet grades, but also indicated issues obtaining TCEQ approval for fuel storage tank removal which resulted in the original completion date of January 26, 2017 passed and number of days late are still accruing. Number of days late was reported by bidder as 64. • Reference follow up on the Phase II Construction project at Waco Regional Airport confirmed contract was 92 days late. Number of days late was omitted by bidder. ■ Reference follow up on the Taxiway Rehabilitation at Wichita Falls confirmed project was deemed substantially complete on July 26, 2017 and is a minimum 409 days late as reported by bidder. Bidder stated the claim/issue/litigation is currently in negotiation, however, reference confirmed this issue is in litigation. SpawGlass Civil Construction, Inc. • Bid Security: o Bidder provided a correct City project name but incorrect City project number. Bay, Ltd. • Section 00 72 03 Minority/MBE/DBE Participation Policy: o The minimum goal of 8.87% was not met and provided one email to one potential firm as good faith effort. • Section 00 45 16 Statement of Experience: o Resumes for key personnel were not provided as required by Table 2 of this Section. o Backup documentation for the bidder's Experience Modification Ratios, as required by Table 1 of this Section, was omitted. Due to the failure to provide information and the potential discrepancies noted above for the apparent low bidder, we are unable to provide a recommendation of award. Additionally, we recommend the City consult with the FAA as it considers awarding the contract. Sincerely, GARVER, LLC Cr \ 'ord, P.E. oject pager Attachments, Cc Tabulation of Bids Fred Segundo. Mario Tapia, Victor Gonzalez, Frank Mclltwain Dana @spinal, Sylvia Amaga Jerry Shoemaker. Marcelino Sanchez CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 ot 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: 2017-265597 Date r=iled: 09/26/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, Inc. Houston, 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. E15223 & E15234 CCIA East GA and Terminal Apron Reconstruction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SpawGlass Holding LP Selma, TX United States X SG Enterprises, Inc. Selma, TX United States X SpawGlass Employee Holding Co Selma, TX United States X Blalock, Robert Austin, TX United States X AI-Nahhas, Amer Katy, TX United States X Friedel, Robert Garden Ridge, TX United States X Stone, Joel Buda, TX United States X Hinson, Dan Pearland, TX United States X Dralle, Laurie San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 (.......,(161/4.—...a .02 op ROBIN Y FALKE * Notary Public, State of texas n Commission Expires JUNE 7, 2018 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity {��( Al— i�iS , this the �� day of -- NOTARY STAMP to and subscribed L—) , to certify which, / SEAL before witness '".":_1( . ABOVE me, by the said my hand oath and seal of office. KT.ei 2. Printed name of offi er administering oath Title of officer administ ring oath Signature of officer administering Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 �v U.S. Department of Transportation Federal Aviation Administration SPONSOR COPY GRANT AGREEMENT PART I —OFFER 3-48-0051-056-2017 Date of Offer September 7, 2017 Airport/Planning Area Corpus Christi International Airport AIP Grant Number 3-48-0051-056-2017 DUNS Number 782001259 TO: City of Corpus Christi, Texas (herein called the "Sponsor") FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 7, 2017, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport (herein called the "Project") consisting of the following: Rehabilitate Terminal Apron, (Construction); Rehabilitate Terminal Apron (Design); Rehabilitate East GA Apron, (Construction); Rehabilitate East GA Apron, (Design) which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. 1 3-48-0051-056-2017 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS ANDAGREESto pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $5,576,215. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $5,576,215.000 airport development. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2017, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or 2 3-48-0051-056-2017 misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 12. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 3 3-48-0051-056-2017 16. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 4 3-48-0051-056-2017 21. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 18, 2012, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 23. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 5 3-48-0051-056-2017 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIA ON AD INISTRATION (Signu ) Ben Gutt-ry (Typed Name) Manager, Texas Airports District Office (Title of FAA Official) 6 3-48-0051-056-2017 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penaltkof perjury that the foregoing is true and correct.' �z 4.-<rr Q&. iJ Executed this 8 day of By: Title: City of Corpus Christi, Texas (Name of Sponsor) � 7 gnature of Sponsor's Authorized Official) IvoA C. Ir .U1Nv (Typed Name of Sponsor's Authorized Official) Ass - +- C�'�- MANA �S (Title of Sponsor's Authorized Offici I CERTIFICATE OF SPONSOR'S ATTORNEY I, Eliza b) -h MY/Ay , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of --texas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms th= -ofd s Oho' Dated at �_ d Oho' this day of (Signature of Sp nsor's Attorney) 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 12, 2017 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: Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution Approving Bond 2016 Residential Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan CAPTION: Resolution approving the Bond 2016 Residential Street Rebuild Program (RSRP) Work Plan. PURPOSE: The purpose of this agenda item is for City Council to approve a Resolution in support of the Bond 2016 Residential Rebuild Project, Residential Street Rebuild Program (RSRP) Work Plan. BACKGROUND AND FINDINGS: On August 30, 2016, City Council approved a Resolution authorizing the Residential Street Reconstruction Test Project to define the scope and costs of the Residential Street Reconstruction Test Project. On November 8, 2016, voters approved the Bond 2016 Proposition 1 Residential Rebuild Project. On March 21, 2017, Council passed a Resolution (031088) approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). The next step of execution of the Bond 2016 Residential Rebuild Project is approval of the Work Plan. ALTERNATIVES: 1. Approve the Resolution as proposed. 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Years 2016 - 2017 Development Construction Option Year One TOTALS Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): Bond 2016 Fund Comments: None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution —Bond 2016 RSRP Work Plan Exhibit A - Bond 2016 RSRP Work Plan Street List Presentation Location Maps Resolution approving Concepts, etc. (031088) Resolution approving the Bond 2016 Residential Street Rebuild Program (RSRP) Work Plan WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented; WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, in a special election held on November 8, 2016, voters approved Proposition 12 for making permanent public improvements or for other public purposes with priority given to the Residential Street Rebuild Program ("Bond 2016"); WHEREAS, on March 21, 2017, by Resolution No. 031088, the City Council approved the concepts, direction and selection criteria for the RSRP ("RSRP Guiding Principles"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction, selection criteria and general work plan for the Bond 2016 Residential Street Rebuild Program attached as Exhibit A hereto. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Bond 2016 Residential Street Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan EXHIBIT A DISTRICT 1 STR ID - NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 2000 ACACIA MUELLER IH 37 965 24 2,573 0.18 51 117600 BRECKENRIDGE LEIGH WESTLAND 270 24 720 0.05 41 246100 CRAIG BROWNLEE FOURTEENTH 340 24 907 0.06 44 246200 CRAIG FOURTEENTH FIFTEENTH 340 24 907 0.06 46 246300 CRAIG FIFTEENTH SIXTEENTH 330 24 880 0.06 41 293500 DRISCOLL KENWOOD BLUEBONNET 815 24 2,173 0.15 45 293600 DRISCOLL BLUEBONNET NAYLOR 335 24 893 0.06 39 477000 KENWOOD OLD ROBSTOWN FAIRMONT 370 36 1,480 0.11 55 477100 KENWOOD FAIRMONT FAIRVIEW 555 30 1,850 0.13 55 477200 KENWOOD FAIRVIEW DRISCOLL 135 20 300 0.02 55 477300 KENWOOD DRISCOLL LONGVIEW 210 24 560 0.04 34 507200 LANCASTER LEOPARD MUELLER 540 48 2,880 0.20 70 520400 LEIGH VILLA BRECKENRIDGE 565 24 1,507 0.11 39 974300 TUMBLEWEED HORSE SHOE FRONTIER 775 24 2,067 0.15 45 974400 TUMBLEWEED FRONTIER OUTPOST 1100 24 2,933 0.21 42 DISTRICT 1 ALTERNATES 405100 HAMPSHIRE PADRE ISLAND DR. LANTANA 660 36 2,640 0.19 43 405200 HAMPSHIRE LANTANA BENYS 2685 28 8,353 0.59 54 DISTRICT 2 STR ID - NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 82000 BELTON CROSSTOWN NIAGARA 190 26 549 0.04 52 82100 BELTON NIAGARA BERTRAM 240 26 693 0.05 52 82200 BELTON BERTRAM REYNOSA 235 26 679 0.05 45 87700 BEVLY DEAD END HOLMES 285 24 760 0.05 51 87800 BEVLY HOLMES COLLINGSWOOD 230 24 613 0.04 55 87900 BEVLY COLLINGSWOOD LANSDOWN 810 24 2,160 0.15 51 103900 BOLIVAR CROSSTOWN NIAGARA 200 24 533 0.04 55 104000 BOLIVAR NIAGARA SARITA 655 24 1,747 0.12 39 127500 BROCK STAPLES LAMBERT 1335 25 3,708 0.26 52 127600 BROCK LAMBERT GOLLIHAR 1000 24 2,667 0.19 39 192100 CHAMBERLAIN STAPLES REID 1120 25 5,247 0.37 61 264800 DALRAIDA DAKIN WILLOW 665 24 1,773 0.13 54 264900 DALRAIDA WILLOW CARROLL 675 24 1,800 0.13 49 DISTRICT 2 ALTERNATES 82300 BELTON REYNOSA SARITA 240 26 693 0.05 49 82400 BELTON SARITA MAC ARTHUR 275 26 794 0.06 37 82500 BELTON MAC ARTHUR GREENWOOD 1175 42 5,483 0.39 51 DISTRICT 3 STR ID - NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 103700 BOISDARC GREENWOOD BALSAM 680 24 1,813 0.13 51 103800 BOISDARC BALSAM BLACK JACK 510 24 1,360 0.10 40 237800 CORK DEL STARR WEBER 1240 24 3,307 0.23 44 341400 FLEET BEECHCRAFT RYAN 420 28 1,307 0.09 35 410900 HARRIETT PRESCOTT VESTAL 1175 24 3,133 0.22 50 615000 MORAVIAN MC ARDLE SPID 1250 28 3,889 0.28 44 1 Bond 2016 Residential Street Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan EXHIBIT A 683400 OHARA MC ALPIN SHEA PKWY 605 24 1,613 0.11 50 1067000 ZARAGOSA GUATEMOZIN VERA CRUZ 390 24 1,040 0.07 43 1067100 ZARAGOSA VERA CRUZ AIRPORT 250 24 667 0.05 46 DISTRICT 3 ALTERNATES 122400 BRISBANE SARATOGA CLEARWATER 645 26 1,863 0.13 51 122500 BRISBANE CLEARWATER CONGRESSIONAL 300 26 867 0.06 53 296100 DUNBROOK WEBER DUNBROOK CIR. 200 24 533 0.04 37 296200 DUNBROOK DUNBROOK CIR. E. DUNBROOK 220 24 587 0.04 45 296300 DUNBROOK E. DUNBROOK W. DUNBROOK 320 24 853 0.06 38 296400 DUNBROOK W. DUNBROOK ELMDALE 295 24 787 0.06 46 296500 DUNBROOK ELMDALE LOCKE 365 24 973 0.07 52 DISTRICT 4 STR ID - NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 1085700 ALAMEDA-RIO VISTA WAVERLY ALAMEDA 695 16 1,236 0.09 44 80100 BELMEADE AIRLINE DICKENS 580 36 2,320 0.16 46 80200 BELMEADE DICKENS RAWLEIGH 295 36 1,180 0.08 30 80300 BELMEADE RAWLEIGH RONSON 270 36 1,080 0.08 49 80400 BELMEADE RONSON BELLEVIEW 360 36 1,440 0.10 38 80500 BELMEADE BELLEVIEW GREELY 420 36 1,680 0.12 53 80600 BELMEADE GREELY GOLLIHAR 760 36 3,040 0.22 41 160300 CAPE MAY CAPE FEAR CAPE HENRY 1230 26 3,553 0.25 44 331800 FAIRFIELD GREELY ALAMEDA 1050 26 3,033 0.22 47 396500 GREER UTICA PURDUE 635 22 1,552 0.11 52 DISTRICT 4 ALTERNATES 508200 LANSDOWN WESLEY HARRY 920 24 2,453 0.17 38 508300 LANSDOWN HARRY GOLLIHAR 1300 24 3,467 0.25 45 DISTRICT 5 STR ID - NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 502600 LAKE TAHOE SUN VALLEY LAKE TAHOE 715 24 1,907 0.14 54 502700 LAKE TAHOE LAKE TAHOE WOLF CREEK 240 24 640 0.05 35 502800 LAKE TAHOE WOLF CREEK SNOWMASS 250 24 667 0.05 42 502900 LAKE TAHOE SNOWMASS SNOWBIRD 235 24 627 0.04 38 598400 MICHAUX FULTON DEAD END 365 24 973 0.07 47 881200 SNOWBIRD LAKE TAHOE SUN VALLEY 875 24 2,333 0.17 51 1046700 WINDOWS GRAND JUNCTION MONARCH 660 24 1,760 0.13 49 1096100 WOOLDRIDGE N SR LOST CREEK STAPLES 420 18 840 0.06 46 1066200 YUKON JORDAN AMAZON 260 36 1,040 0.07 15 1066300 YUKON AMAZON NILE 265 36 1,060 0.08 19 1066400 YUKON NILE VOLGA 265 36 1,060 0.08 35 1066500 YUKON VOLGA BRAZOS 260 36 1,040 0.07 46 DISTRICT 5 ALTERNATES 403100 HALFPENNY BROCKHAMPTON HAMPTON 1120 24 2,987 0.21 54 1053300 WOODGATE HEAVENSGATE NORTHGATE 655 24 1,747 0.12 53 2 GIiYOFG0 1.0 h RECCN$TRUCTIUN LOCAL nealGilIIPIJLL ALAN Residential Street Rebuild Program (RSRP) Bond 2016 Rebuild Project Work Plan Council Presentation October 31, 2017 Bond 2016 - $11.0M Residential Street Rebuild Project Presented to Council on February 28, 2017 Bond Ordinance language: "...for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing (sic), reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),..." Bond 2016 Project $ 11,000,000 Design, Mgmnt, Inspection, Administration, etc. (20%) ($ 2,200,000) Construction $ 8,800,000 Apportion Funds By District Presented to Council on February 28, 2017 Square Yards District Total Residential/ Res./Local PCI "Need" in % of Total SYs Funding Network Local <= 55 Linear Miles Need Workedt "Current Need" 1 5,191,722 2,803,734 1,471,697 105 2 3,675,618 2,279,918 1,481,895 105 3 3,262,808 2,009,174 1,099,588 78 4 4,528,093 2,761,683 1,273,109 90 5 3,696,021 2,308,838 934,318 66 Total 20,354,262 12,163,348 6,260,607 445 tBased on $80 / SY. *Approximately 7.82 linear miles. 23% 24% 18% 20% 15% 100% 25,858 $2,068,639 26,037 $2,082,973 19,320 $1,545,596 22,369 $1,789,500 16,416 $1,313,291 110,000* $8,800,000 Representation of Work Quantity Presented to Council on February 28, 2017 TYPICAL RESIDENTIAL STREET BLOCK SECTION 5 M1, 800T PAVEMENT QUANTITY (800 X 24) - 9 = SQUARE YARDS (SYS) 2,133 = SYS 2,133 - 0.15 MILES TYPICAL RESIDENTIAL BLOCK ~ 0.15 MILES 110,000 SYS 7.82 MILES PI 52 TYPICAL RESIDENTIAL BLOCKS Street Selection Steps Presented to Council on February 28, 2017 ➢ Mar. 21, 2017 — RSRP Guiding Principles approved (Resolution 031088) A/E ➢ Select First on PCI score ➢ Identify Streets Removed From SPMP ➢ Distribute Based on District Need ➢ Perform Extensive Field Work ➢ Apply Prioritization Criteria ➢ Coordinate with Utilities ➢ Score Candidate Streets against Matrix ➢ Produce Final List for 2018 Work Plan Residential Street Rebuild Program (RSRP) Work Plan Distribution Target (% of Need) Dist. 5, 15% Dist. 4, 20% Dist. 3, 18% Dist. 1, 23% Dist. 2, 24% Work Plan Residential Street Rebuild Program (RSRP) Work Plan - City Wide Residential Street Rebuild Program (RSRP) Work Plan - District 1 DISTRICT 1 Legend FINAL ALTER NATE K STREET FROM 10 1 2221:12 MUELLER IH 3/ 2 BRECKENRIDGE LEIGH WESTLAND 9 CRAIG BROWNLEE 5018 E NTH 4 DRISCOLL KENWOOD NAYLOR 5 KENWOOD OLDROBSTOWN LONGVIEW 6 LANCASTER LEOPARD MUELLER 5 LEIGH VILLA BRECKENRIDGE 8 TIIMRLTWFFD HORSE SHE 055232ST ALTERNATE 9 HAMPSHIRE PADRE ISLAND DR. RFNY% 8 Residential Street Rebuild Program (RSRP) Work Plan - District 2 tr2 DISTRICT 2 k STREET FROM TO BELTON CROSSTOWN REYNOSA 2 9 5 6 BEVLY DEAD END LANSDOWN BOLIVAR CROSSTOWN SARITA BROCK STAPLES GCLLIHAR CHAMBERLAIN STAPLES REID DALRAI DA DAMN CARROLL ALTERNATE 7 BELTON REYNOSA GREENWOOD Legend FINIAL ALTERNATE Residential Street Rebuild Program (RSRP) Work Plan - District 3 Legend FINAL ALTERNATE STREET FROM TO BOIGDARC GREENWOOD BLACK ACK CORN DEL STARR WEBER FLEET BEECHCRAFT RYAN 4 HARRIETT >RESCDTT VESTAL MORAVIAN NC ARDLE SPID OHARA MC ALAIN SHEA PKWY 2ARAGOSA GUATEMO2I1, AIRPORT ALTERNATE BRISBANE DUNDROOK SARATOGA WEBER CONGRESSIONAL LOCKE SIE ;F- LAAP 10 Residential Street Rebuild Program (RSRP) Work Plan - District 4 y.� STREET AtlAVIEDA-RIO VISTA SR BELMLADE CAPE MAS FAIRFIELD GREER FROM WAVERLY AIRLINE CAPE FEAR GRELL" UTICA ALTERNATE TO ALAMEDA GOLLIHAR CAPE HENRY ALAMEDA PURDUE N IANSDDWN Off 5L G,DII II IAR DISTRICT 4 a4Ati Legend FINAL ALTERNATE Residential Street Rebuild Program (RSRP) Work Plan - District 5 ,461 ,DISTRICT 5 Legend TIN?_ A TERNA-E STREET LAKE TAFOE MIC -AJ% SNOLVEIRD WINDOWS WOOLDRIDGE NSR YUKON HALFPENNY WOODGATE FROM SDN VALLEY FULTON LAKE TAHOE GRAN DIDNCTION LOST CREEK JORDAN ALTERNATE BRDCKHAMPTON HLAVENSGATE TO SNOWBIRD DEAD ENO SDN VALLEY MONARCH STAPLES BRAZOS HAMPTON NORTHGATE Residential Street Rebuild Program (RSRP) Timeline 2017 201 z TO DAY 13 Residential Street Rebuild Program (RSRP) Test Projects Update ➢ Rogerson Drive: McArdle Road to Sunnybrook Road ✓ Construction Start — September 18, 2017 ✓ 2 Blocks ✓ Estimated % completion — 30 % ➢ Ralston Avenue: Staples Streets to Alameda Street ✓ Construction Start — September 18, 2017 ✓ 3 Blocks ✓ Estimated % completion — 13 % Residential Street Rebuild Program (RSRP) Rogerson Drive 1 Residential Street Rebuild Program (RSRP) Rogerson Drive Residential Street Rebuild Program (RSRP) Ralston Avenue e Residential Street Rebuild Program (RSRP) Ralston Avenue 18 Residential Street Rebuild Program (RSRP) Discussion 19 • yO�E �t • I� NV 2F violk 2 IF ifr4* cF A 4 1 004 44j#4 ca • .010T° ‘fst, #1;* P � m***4-**4 10� giit, N kJAW* 0. ***Emomilil AA* --- �l lib��o I ,'. • "tkvirmiimm - l: 'it 441EIN 1-90' - I _EA- VIM • Itit We* uNr= 0IIIIIIII T 1 'o IIM i ktriervaliN L!!III.I!I: I MIMI o�sEx s�4211WIPM REILI"\ 11111111111 FIR IOW W :� HOUSTON MINASUIMS i ignilaIMILBE ML .MAN IM gal .�■ .1.1.11. # STREET FROM TO 1 BELTON CROSSTOWN REYNOSA 2 BEVLY DEAD END LANSDOWN 3 BOLIVAR CROSSTOWN SARITA 4 BROCK STAPLES GOLLIHAR 5 CHAMBERLAIN STAPLES REID 6 DALRAIDA DAKIN CARROLL ALTERNATE 7 BELTON REYNOSA GREENWOOD Legend — FINAL ALTERNATE 11111111111111111Brealermilliikiaiallit fl 111111111111113 .0 Ar. 0040... skOto ca Ree T4 Pft. 406 Te\'cN e e44'4* fir: efl: 1111Aft 4 : • s 3 ralialli _, *Ill Ite: ' �• �� -�1® It:.�Ott 11114 '�. �: AIA,fffiii - �.' v i e� J=� o= JOP• MEM 4%Qq ESTgTF 'F�IN gkCA] 20•FP GA/ryFe O��C I. �ryRNE'Mr ...0 iiir l ''' 1 Pi 1 ' PALMW osE� - O . i a sp pRomarilk. o�sro� � _ pa 1 4•4.111.1141 .f_ f• ihiliniviN <a mann rAirlikAll MSENMETnil i S I . 10E N IRF-1-mM—urn MOM I Li # STREET FROM TO 1 2 3 4 5 6 ALTERNATE 7 BELTON BEVLY BOLIVAR BROCK CHAMBERLAIN DALRAIDA BELTON CROSSTOWN DEAD END CROSSTOWN STAPLES STAPLES DAKIN REYNOSA REYNOSA LANSDOWN SARITA GOLLIHAR ALAMEDA CARROLL GREENWOOD DISTRICT 3 say`018 ! 1.1 1111 1kt� �'• ,..,,. .:. .7, IIs i "'4' 4 \\I Q' 111 � ��.� � ��K,,�, ,,,,,,..„v El 11-o�L"IFJ ��j{ ry (FAA s 1II11IiIi' o" A villarAtil'.---,4"mn Niiillitt redni x. 1111 c*- OR ii i.. 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RNFR pA� f� STARORFWS z . ■'ll •NTEciTq .cnan.nnn SARATOGA CABAN GLENOAK TE"C'" CARIBBEAN ENIIN S Tp RN CROSSING O ADRIAN Legend FINAL ALTERNATE # STREET FROM TO 1 LAKE TAHOE SUN VALLEY SNOWBIRD 2 MICHAUX FULTON DEAD END 3 SNOWBIRD LAKE TAHOE SUN VALLEY 4 WINDOWS GRAND JUNCTION MONARCH 5 WOOLDRIDGE N SR LOST CREEK STAPLES 6 YUKON JORDAN BRAZOS ALTERNATE 7 HALFPENNY BROCKHAMPTON HAMPTON 8 WOODGATE HEAVENSGATE NORTHGATE a Resolution approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP) WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented; WHEREAS, in 2015, Residential and Local Reconstruction Fund 1042 was created in order that funds might be deposited specific to this element of the SIP in accordance with financial budgetary policies; WHEREAS, in June 2016, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council with recommendations for the Residential Street Rebuild Program (RSRP). WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, staff has proceeded to finalize the RSRP street selection criteria, evaluation matrix and process steps ("RSRP Guiding Principles"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). ATTEST: z —)C L 1�►. ebecca Huerta City Secretary THE CITY OF CORPUS CHRISTI Mayor 031088 INDEXED Corpus Christi, Texas of l , 2017 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 ►3.1038 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 18, 2017 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: Engineering Contract and Testing Agreement BOND 2016 Residential Street Rebuild Program (RSRP) Project Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667 for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP) Project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 with Hanson Professional Services, Inc. to continue the development and design of the Bond 2016 RSRP Project; and to execute a geotechnical testing agreement with Professional Service Industries, Inc., for the RSRP Project. BACKGROUND AND FINDINGS: The Street Improvement Plan (SIP) is a strategy addressing maintenance and repair of the entire street system. Residential street improvements are one element of the SIP for program development, funding, and execution. Staff has been working to develop a citywide Residential Street Rebuild Program (RSRP). In 2016, Council passed a resolution approving Test Projects to provide up-to-date costing for residential street reconstruction/rehabilitation and execution process information for the RSRP. The Bond 2016 RSRP Project in the amount of $11 million was approved by voters on November 8, 2016. Street selection 1 criteria, an evaluation matrix and process steps ("RSRP Guiding Principles") were approved by Council on March 21, 2017. Scope: Approximately 50% of the City's residential streets are in poor condition and the Bond 2016 RSRP Project is one step towards addressing the situation. The Project will repair selected residential streets in all five districts. The RSRP provides for the repair of existing City residential streets by extending the life and structural integrity of existing pavement through rehabilitation or replacing failed pavement through reconstruction of a pavement section designed to current City standards. The RSRP includes improvements to pavement, curb and gutter, sidewalks, ADA as required by Texas Department of Licensing Review (TDLR), and limited underground utility improvements. The streets selected for the RSRP Project are first identified based on the Pavement Condition Index (PCI) (streets with a PCI value within the range of 35 — 55). The list is further refined based on Street Selection Matrix criteria which was approved by Council on March 21, 2017. Items included in the Street Selection Matrix are: • Rideability • Safety (Road Hazards) • Proximity to Schools • Developed Frontage • Utility Conflicts • Street Functionality • Concrete Work (sidewalks, curb & gutter, driveways) A small contract with Hanson Professional Services (Hanson) was administratively executed on June 15, 2017, for development of a Work Plan of residential streets for implementation of the Bond 2016 RSRP Project. This Work Plan is scheduled to be presented to City Council at the October 31, 2017 meeting for review and approval. This contract amendment with Hanson will provide for preparation of required Indefinite Delivery/Indefinite Quantity (ID/IQ) documents, including bid documents for selection of construction contractors, and preparation of the delivery orders (DO's) which include proposed repairs and quantities of work required for each specific street within the Work Plan. A DO includes: • A short narrative of expected work for each street. • A complete listing of included streets with pertinent data on a street by street basis. • Cost data utilizing the unit bid price matrix. • Aerial photo plans depicting limits of construction, areas of pavement repair, and any items required that are included in unit price bids. • Any additional information that may assist the Contractor during construction. Geotechnical testing is also required to identify underlying pavement conditions used in developing DO's. A contract for geotechnical testing is included with this agenda item. ALTERNATIVES: 1. Authorize execution of an amendment to the preliminary design contract for engineering services, and execution of a testing services agreement. (Recommended) 2. Do not authorize execution of an amendment to the preliminary design contract for engineering services and a testing services agreement. (Not Recommended) 2 OTHER CONSIDERATIONS: Hanson Professional Services, Inc. is the design engineer selected for this project under RFQ 2016-06. Professional Services Industries, Inc. is the company selected for geotechnical testing services under RFQ 2017-01. CONFORMITY TO CITY POLICY: This contract complies with City policy regarding Professional Service Contracts and financial polices as part of the FY2017 Operating Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Budget $49,660 $10,950,340 $11,000,000 Encumbered / Expended Amount 49,660 0 49,660 This item 0 608,878 608,878 Future Anticipated Expenditures This Project 0 10,331,000 10,331,000 BALANCE $0 $10,462 $10,462 Fund(s): Bond 2016 Comments: N/A RECOMMENDATION: Execute Amendment No. 1 with Hanson Professional Services, Inc. in the amount of $552,667, and execute a geotechnical testing agreement with Professional Services Industries, Inc. in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Geotechnical Testing Agreement 3 Corpus Chr sti Engineering Residential Street Rebuild Program (RSRP) BOND 2016 Engineering Contract & Testing Agreement Council Presentation October 31, 2017 Project Scope Corpus Chr sti Engineering > Engineering Design Contract ✓ Work Plan Development — Original Contract o Developed "candidate list" using RSRP Guiding Principles o Prepared Final Work Plan ✓ Work Plan Implementation - Amendment No. 1 (THIS ITEM) o Prepare Bid documents - Indefinite Delivery Indefinite Quantity (ID/IQ) Contracts • Up to 2 Contractors o Prepare Delivery Orders (DO's) - 1 per District • Determine specific work to be performed at each location o Responsible for public outreach o Perform construction warranty phase services > Geotechnical Services Agreement (THIS ITEM) ✓ Perform field & laboratory testing (coring samples) ✓ Identify underlying soil characteristics ✓ Information critical to accurate work specifications during DO development o Helps to ensure successful performance and longevity of new pavement Project Schedule Corpus Chr sti Engineering 2017 2018 NDJ F MAMJ J A SON Design Bid / Award INT Construction Program Estimate: 395 Days N 13 months PROJECT BUDGET ESTIMATE E17019 Residential Street Rebuild Program Project PROJECT FUNDS AVAILABLE: BOND 2016 General Obligation Bonds $ 11,000,000 TOTAL $ 11,000,000 FUNDS REQUIRED: Construction: 8,800,000 Construction (estimate) 8,000,000 Contingency (10%) 800,000 Design Fees: 658,538 Preliminary Work Plan (Hanson) 49,660 Engineering Service (Hanson)....Amendment No. 1 (THIS ITEM) 552,667 Geotechnical Services (PSI) (THIS ITEM) 56,211 Construction Testing and Inspection: 485,000 Construction Materials Testing (estimate) 100,000 Construction Inspection (estimate) 385,000 Reimbursements (Estimate). 497,000 Contract Administration (Engineering/Finance/Capital Budget) 220,000 Engineering Services (Project Mgt/Constr Mgt) 275,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL $ 10,440,538 ESTIMATED PROJECT BUDGET BALANCE $ 559,462 *Any remaining funds will be used for construction on additional streets. CITY-WIDE PROJECT SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: E17019 RESIDENTIAL STREET REBUILD PROGRAM PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Hanson Professional Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Residential Street Rebuild Program (Project No. E17019): Original Contract June 8, 2017 Administrative Approval $49,660 In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Fees shall be amended as set forth in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $552,667, for a total restated fee not to exceed $602,327. All other terms and conditions of the June 8, 2017 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI HANSON PROFESSIONAL INC. Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary . !/r i,/ I fed' .410. 08/21 /2017 ran A. J - ckso , " E Date Vice President 4501 Gollihar Road Corpus Christi, TX 78411 361-814-9900 Office gjackson@hanson-inc.com K:1ENGINEERING DATAEXCHANGEIANGIEM1STREETiE17019 RESIDENTIAL ST REBUILD1AMENDMENT 1 HANSON12015 7001 AMENDMENT TO CONTRACT PROFESSIONAL SERVICES-OOC REV, 1011/15 Naismith/Hanson Engineering I Planning 1 Architecture I Allied Services HANSON Now part of Hanson Professional Services Inc. www.hanson-inc,ccm August 15, 2017 Mr. J.H. Edmonds, P.E. Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Amendment 1 - Residential Street Rebuild Project (RSRP) City Project No. E17019 NEI/Hanson Project No.17L0066 Dear Mr. Edmonds: Please accept this letter as our formal proposal for our Contract Amendment No. 1 on the above referenced project. The original agreement, processed as a small Architect/Engineer (AIE) agreement, was issued to complete the Street Rebuild Prioritization and will result in development of a final list of street segments to be evaluated for construction as part of the RSRP program. The work anticipated under this contract amendment consists of the development of the necessary Indefinite Delivery/indefinite Quantity (IDIQ) construction delivery orders to execute the improvements to the identified street segments under the RSRP. Project Description: This project sets up the initial year of construction for the RSRP. Funding for the project was approved by the voters as part of the Bond 2016 election. The construction budget for the initial year is set at $8,100,000.00. Scope of Services: Design Phase (Indefinite Delivery/Indefinite Quantity [IDIlQ1 contracts) 1. Project Meetings with City staff will be held at key milestones. The initial meeting will be to discuss the formatting required for the ID/IQ Plans and Specifications. Follow up meetings will be conducted to review the 60% submittals and the final plan submittal. 2. It is anticipated that Geotechnical Technical Testing will be completed on each of the selected street segments. The Consultant will visit each segment with a representative of the geotechnical firm, to select the optimal location for the bore(s). 3. Prepare a set of plans and specifications that will be utilized by the City for bidding in order to issue two (2) ID/IQ contracts. The ID/IQ bid set will incorporate two (2) of the five (5) delivery orders (described under the Construction Phase) and will include cross sections and details to use as the basis for unit pricing by the ID/IQ construction contractors for all items that are anticipated for the roadway rebuild program. 4. A 60% submittal of the plans and specifications will be provided for review/comment by the City. A final sealed submittal will be provided for bidding. Minor comments on the sealed set will be TBAE Firm 13553 ■ TBPE Firm 417 ■ TBPG Firm 50017 ■ TBPL5 Firm 100395-00 4501 Gollihar Road. Corpus Christi, TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com AMD. NO. 1 EXHIBIT "A" Pa•e 1 of 5 Mr. J.H. Edmonds August 15, 2017 addressed if required. Bidding Phase Assist with the Bidding process, consisting of attending pre-bid meetings, bid openings, addressing questions and issuing addenda and recommending award. Provide documents required for CivCast. Construction Phase — Delivery Order Preparation It is anticipated that two ID/IQ contracts will be issued by the City. One ID/IQ contract will cover City Council Districts 1 and 2. The second will cover City Council Districts 3, 4, and 5. A total of five (5) Delivery Orders (Dos) will be issued to include one per City Council District. The NE will perform contract administration to include the following: 1. Attend one (1) pre -construction meeting for each DO with the City and each of the ID/IQ contractors to discuss the process of implementing the program. 2. The total construction budget for the program is $8,100,000. The distribution of funds by percent of need per District will be based on the following: District 1 23.6% of Need District 2 23.6% of Need District 3 17.5% of Need District 4 20.2% of Need District 5 14.9% of Need 3. Perform limited site visits, consisting of visual field observations, to confirm areas identified for improvements based on the previous condition assessments and prioritization. Including assessment of roadways, concrete structure or items contained in the unit bid price contracts. 4. Identify and coordinate efforts with other local authorities having jurisdiction or that may be impacted by the construction process, consisting of the Regional Transportation Authority, identified School Districts and public medical facilities providing emergency services. 5. Review the geotechnical investigations for the identified street segments. The geotechnical investigation will be completed by a third party hired directly by the City. 6. Prepare draft DOs for issuance to the Contractors. Two (2) of the five (5) DOs will be issued in a draft format as part of the ID/IQ bid documents. During the Construction Phase an updated set of DOs will be finalized and issued for the construction process. Each of the DOs will include: a. Reference to the requirements outlined in the ID/IQ contract. b. A short narrative outlining the level of effort expected to be completed on each street segment. c. Cover sheet and Vicinity/Site Map. d. Quantity/Cost Sheets shown in a table format outlining the estimated quantities, unit pricing and total estimated cost per street segment. e. Plan sheets (11"x17") for each of the street segments will include the limits of construction, areas of pavement rehabilitation, limits of areas outside the pavement section to be constructed, boring locations and descriptions for any items required that are included in the unit pricing. Typical cross sections for rehabilitation of the street segment will be provided. f. Each Delivery Order is based an having 14 plans sheets with an average of 500 LF of street per plan sheet. HANSON AMD. NO. 1 EXHIBIT "A" Pa e 2 of 5 Mr. J.H. Edmonds August 15, 2017 g. An option to prepare 10 additional plan sheets is included in the scope of work. The City's Project Manager will authorize the sheets if deemed necessary. h. Additional information that may assist the contractor to understand the scope of work to be completed. 7. Submit the draft delivery orders to the designated City staff and make field visits with staff and contractor to fully review the proposed scope, costs and other ancillary items. 8. Update the draft delivery orders based on City and Contractor feedback. Submit the final deliver orders for approval. 9. Conduct one (1) meeting for each DO with the Contractor and City staff to review the final delivery orders and ensure coordination prior to commencing the construction. 10. Issue the final approved delivery orders to the contractor for construction. 11. Review field and laboratory tests furnished by the City and/or the contractor. 12. Respond to Requests for Information (RFIs) that arise during the construction process. 13. Provide limited construction phase services for DOs which include b! -weekly meetings per each of the two (2) 1D/IQ contracts. Each active DO will be visited bi-weekly (2 per month) throughout the duration of the DO. One visit will include a project meeting along with site visit and reporting (6 hours max per visit). The second visit will be to the sites only including reporting (4.5 hours max per visit). 14. Prepare change orders as authorized by the City (coordinate with the City's construction division). 15. Conduct, along with City Staff, a pre -final and a final inspection of the completed construction on each street segment, and provide the City with a Certificate of Completion for the Delivery Order. 16. Prepare record drawings of construction for each Delivery Order as completed. Special Services A. Permitting. Prepare and submit identified permits to the following authorities: 1. Texas Department of Licensing and Regulation (TDLR) for accessibility review by an independent Registered Accessibility Specialist (RAS). It is expected that each of the DO's will be registered as a separate project. Fees include the Registration Fee ($175), the Plan Review Fee ($315) and the inspection fee ($375). B. Topographic Surveying. A basic topographic survey will be completed on each of the street segments. Cross sections will be at 100' intervals and will include horizontal and vertical locations for the limits of sidewalk, if present, curb and gutter (C&G), storm drainage components, and the centerline of the roadway. In addition any storm drainage or sanitary sewer manholes and water or gas valves that fall within the pavement will be identified and located. Items which impact accessibility or are required for utility adjustments will also be included in the topographic survey. All other items that do not affect the intent of the improvements (power poles, hydrants, etc.) will not be surveyed but will be displayed as part of the aerial photography provided as a background. C. Asphalt Maintenance Report. Prepare a report that addresses asphalt pavement maintenance and new design options. Includes a review of common or existing methods and new technologies available to extend the life of rehabilitated pavements and new pavements. Contact contractors, local transportation agencies, suppliers and other publicly available resources to develop a short report which addresses the methods available. The anticipated HANSON AMD. NO. 1 EXHIBIT "A" Page 3 of 5 Mr. J.H. Edmonds August 15, 2017 costs and life cycle analysis for the varying systems will be addressed. D. Public Outreach. It is anticipated that public outreach will be a very important component of implementing this program. In support of the City staff, the consultant will retain a sub - consultant (Olivarri & Associates) to conduct specific public outreach associated with the work (See Exhibit A). The outreach scope consists of one (1) public meeting per City District to initiate the construction process. Thereafter the consultant (Olivarri & Associates) will assist the City with up to 80 hours of follow-up to address items which may be specific to each District or street segment. The Hanson employee time will include the preparation of exhibits required for public meetings, attendance at the public meetings and addressing any resident concerns during construction. The City's Project Manager will authorize public outreach items as deemed necessary. Warranty Phase The warranty phase is based on one 12 -month warranty period by the contractor after acceptance of the street Delivery Order by the City. As part of the warranty phase, the A/E will perform the following tasks: 1. Prepare a list of all the street segments completed per Delivery Order, recommend acceptance of the sites and commencement of the warranty period. 2. Conduct a warranty inspection of all the street segments in the Delivery Order towards the end of the 12 -month period and generate a warranty items punch list. During the inspection, the NE will note defects that require action from the contractor to maintain, fix, restore, patch or replace in accordance with the construction contract requirements. The findings of the A/E inspection will be summarized in a report to be submitted to the City staff. The report will outline the deficiencies and provide a recommendation for correcting them. Schedule: It is expected that the final street candidate list will be approved by the City Council by the end of September, 2017. The design phase will commence immediately thereafter with a goal of advertising for bids in November, 2017. Construction Phase estimated to conclude in September, 2018. See detailed schedule attached as Exhibit B. Fees: A. Basic Services Design Phase (Two IDIQ & Two DO) Bidding Phase Delivery Orders and Construction Allowance to prepare additional 10 sheets (Authorization By the City PM is required) Total Basic Services B. Special Services Topographic Surveying Public Outreach (Authorization By the City PM is required) Permitting Asphalt Maintenance Report $113,718.00 $ 9,488.00 $284,538.00 $ 41,228.00 $448,972.00 $38,000.00 $28,520.00 $ 6,385.00 $16,280.00 HANSON Mr. J.H. Edmonds August 15, 2017 Total Special Services $ 89,185.00 C. Warranty Phase $ 14,510.00 TOTAL CONTRACT AMOUNT $552,667.00 Once again we thank you for the opportunity to assist you with this project and we look forward to working with you, City Staff and the City Council. Should you have any questions or require any additional information, please do not hesitate to call. Sincerely, HANSON PROFESSIONAL SERVICES, INC. Grant A. Jackson, P.E. Vice -President 1:117L0066/Agreements/Amendment No. 1 Request (081517) [la HANSON Exhibit A Residential Streets — Strategic Assistance on Communications and Outreach Olivarri & Associates, Inc. (OA), primarily Leah Olivarri, would be available to assist the city and the project team with communications and outreach. Given the intensity of activities associated with the residential streets planning and construction effort, especially given the workload associated with other capital projects and engineering activities, additional support for the Engineering and Capital Projects PIO (city's P10) may be needed. OA would coordinate with the city's PIO and provide assistance as assigned. Below are examples of the type of services that may be required: 1. Assist with development of overall communications and outreach plan for residential streets; 2. Assist with logistics associated with public meetings, including owner data base review, set up of meetings, attendance at meetings, meeting summaries, or other tasks; 3. Assist with presentations and materials development including update information to report on progress of projects; 4. Assist with research or scrips for video segments; 5. Assist with image development for residential street effort: 6. Attendance at team or construction meetings providing reports to PIO as needed; 7. Develop media materials or notices; 8. Develop tracking system for inquiries by residents; 9. Assist with one-on-one responses/meetings with residents or other inquiries from residents; 10.Assist with review of traffic and street closure notices; 11.Assist with potential development of residential streets Facebook or other social media; 12. Development system to evaluate communication and outreach processes for future use and decision-making; and 13. Provide other assistance or back-up for the city's PIO as project evolves. 14. Serve as point of contact for residents and facilitate resolving questions/concerns by coordinating responses with appropriate City staff. AMD. NO. 1 EXHIBIT "A-1" Page 1 of 1 City of Crpus l 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. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: Hanson Professional Services, Inc. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78411 2. Partnership 8 5. Other 3. Sole Owner 0 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) None 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 None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None 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: Grant A. Jackson, P.E. Title: Crypt or Print) Signature of Certifying Person: DEFINITIONS Vicc-President Date: 08/21/2017 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 2 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: 2017-252481 Date Filed: 08/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hanson Professional Services Inc. Springfield, IL 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. E17019 Professional Services for Residential Street Rebuild Program 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Snowden, Charles Ponte Verdra, FL United States X Messmore, James Wheaton, IL United States X Biggs, Mina Springfield, IL United States X Hollahan, Dennis Springfield, IL United States X Loos, Lucinda Edwards, IL United States X Pecori, Sergio Springfield, IL United States X Ball, Jeffery Dawson, IL United States X Kelm, Jo Ellen New Berlin, IL United States X Bowen, Jeffery Jacksonville, FL United States X Whalen, Daniel Bloomington, IL United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 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: 2017-252481 Date Filed: 08/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hanson Professional Services Inc. Springfield, IL 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. E17019 Professional Services for Residential Street Rebuild Program 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 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r, it ' ! /%%r— / . (+ ; j'`- y-/// `~ 1 G Signattire of auihorize8 ageht of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE . this the .:),'' cf Sworn to and subscribed before me, by the said 61F okcY\ Pi !i '� .Irf-�,r.(...-i',1-' , o1 A't,k.i r�11 S i 7day ` hand 20 , 10 certify which, witness my and seal of office.,_ • 0V- .;:,.;., JOHN PEiNIA JR ;4?��,,,`•t Notary Put+lic, State of Texas %f sni ? Expires AUIGIJS r 24, 20# 9 �� P—V. )�I '--74---AN "�I. . 1303:2379 ' ;E� Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. eth i cs.state.tx, us Version V1.0.3337 AGREEMENT for Geotechnical 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 PROFESSIONAL SERVICE INDUSTRIES, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Henry Galindo, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Residential Street Rebuild Program BOND 2016 GO (Proiect No. E170191 ("PROJECT). 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 $56.211. 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 govemment, 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 ONAL S ICE INDUSTRIES, INC. 927-4;61/7 Jeff H. Edmonds, P.E. Date do, P. E. Date Director of Engineering Services r. ranc Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office henry.galindo©psiusa.com KIENGINEERING DATAEXCHANGEV NGIEMISTREET1E17019 RESIDENTIAL ST REBUILD%GEO TESTING PS1\15 1215 TESTING AGREEMENT DOC Rev 12/15115 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E17019 Accounting Unit: 3554-051 Account: 550920 Activity: El 7019013554EXP Account Category: 50920 Fund Name: Street GO BOND 2016 Encumbrance No. KIENGINEERING DATAEXCHANGE ANGIEMISTREET1E17019 RESIDENTIAL ST REBUILDIGEO TESTING PSII15 1215 TESTING AGREEMENT.DOC Rev. 12115/15 TABLE 1: SITE DESCRIPTION Residential Street Locations* City District 1: 13 Streets (±11,025 LF)* City District 2: 7 Streets (±10,495 LF)* City District 3: 9 Streets (±8,400 LF)* City District 4: 7 Streets (±9,495 LF)* City District 5: 6 Streets (±6,085 LF)* Site History Existing residential streets experiencing pavement distress Site Concerns Traffic control may be required. Automobiles parking in the street obstructing drill rig. Underground utilities. Ground Surface Soil Support Capability Firm Enough for Field Equipment Intertek = September 22, 2017 City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Ms. Sarah West, P.E, CFM, Major Projects Engineer Re: Proposal for Geotechnical Engineering Services (Revision No. 3) Residential Street Rebuild Program (RSRP) Project No. E17O19 ± 45,500 LF of Residential Streets City Districts 1 thru 5 Corpus Christi, Texas PSI Proposal No, 0325-219654 Dear Ms. West: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a geotechnical exploration at the above referenced project. PSI thanks you for the opportunity to propose these geotechnical services and looks forward to being part of the design team. A review of project information, along with a proposed scope of services, schedule and fee information is provided below. PROJECT UNDERSTANDING Project information was provided directly by Ms. Sarah West, P.E. with the City of Corpus Christi Department of Engineering Services. The geotechnical exploration will be performed for the repair of distressed pavement. The details of the site and the proposed development are given below. *The names of streets and the exact number of lineal feet of pavement to be repaired were unknown at the time of this proposal. The footages shown were provided by the City of Corpus Christi for proposal fee estimates. Professional Service Industries, Inc. (PSI) • 810 S. Padre Island Drive • Corpus Christi, Tx 78416 • Phone (361) 8544801 • Fax (361) EXHIBIT "A" Page 1 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 TABLE 2: PROJECT DESCRIPTION Pavement Description ±45,500 LF of City Wide Residential Streets Pavement Construction. Type Rehabilitation or Reconstruction of Existing Distressed Pavement with New Flexible Pavement Existing Grade Change within Project Site Match Existing Final Grade Unknown Pavement repair designs will be based on AASHTO 1993 and City of Corpus Christi Pavement Requirements. Should the above information or assumptions be inconsistent with planned construction, the Client should contact the PSI office and allow necessary modifications be made to the proposal. SCOPE OF SERVICES The geotechnical engineering scope of services will include the following items. • Field exploration consisting of drilling and sampling of the subsurface materials and observing groundwater levels at the site. • Laboratory testing of the subsurface materials. • Performing engineering analysis and providing geotechnical recommendations for the rehabilitation or reconstruction of distressed pavement in written report format for each city district included in this proposal. Field Exploration PSI proposes that the subsurface conditions be explored by soil borings following the provided PSI drilling program. The table below summarizes the exploratory boring program. Table 3: Summa of Borin • Assumed 1 Borin • ter 500 LF Street Location Number of Boring Depth(s) Drilling Footage Borings (feet) (feet) District 1 22 5 110 District 2 21 5 105 District 3 17 5 85 District 4 19 5 95 District 5 12 5 60 TOTAL 91 455 The proposed borings will be located within street pavement and City ROW areas. The borings locations will be identified in the field using available natural landmarks or GPS coordinates. PSI understands the boring locations will be coordinated with Hanson Professional Services and GPS coordinates for the boring locations will be provided. References to elevations of various subsurface strata will be based on depths below existing grade at the time of drilling. Intertek EXHIBIT "A" Page 2 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 • During the field activities, the subsurface conditions will be observed, logged, and visually classified. Field notes will be maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions. • Final depths of the borings may be extended or reduced depending on the subsurface materials identified during field activities. • PSI will contact Texas811 or other public utility clearance companies prior to the start of drilling activities. It is our experience that these companies do not mark the locations of privately owned utilities. This proposal is based on private utility lines and other subsurface appurtenances are located in the field by others prior to field activities. PSI will take reasonable care to locate all utilities prior to drilling based upon the Texas811, or other public utility clearance companies, services and field observations by PSI. • PSI will exercise reasonable caution to avoid damages to underground utilities by contacting local utility companies prior to the field activities. However, private utility locations are often unknown by public utility companies and by the utility owners. If private utility markers are located within the vicinity of the borings, PSI will contact the utility company indicated on the marker. PSI will not be responsible for damage to the site or any buried utilities that are not made known to us. • Some damage to the ground surface may result from the drilling operations near the work areas and along ingressiegress pathways. The field crew will take reasonable care to avoid damaging the ground surface, but no restoration other than backfilling the borings is included in this proposal. Excess auger cuttings and drilling spoils not used to backfill the borings will be collected and removed from the site. • PSI will provide traffic control during drilling and sampling operations. Table 4: Anticipated Field Exploration Description Drilling Equipment Truck Mounted Drilling Equipment Drilling Method Continuous -Flight Auguring Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer Split Spoon Testing (ASTM D1586) Sampling Procedure Soils: ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 5 -foot Boring Backfill Procedures Bentonite/Asphalt Cold Patch Sample Preservation and Transportation Procedure General Accordance with ASTM D4220 Laboratory Testing Representative soil samples obtained during the field exploration program will be transported to the PSI laboratory for testing. The nature and extent of this laboratory testing program will be dependent upon the subsurface conditions identified during the field exploration program. The laboratory testing program will include moisture content tests, Atterberg limits tests, percent of fines passing the No. 200 Sieve, and other tests as required to identify the engineering characteristics of the subsurface materials. Portions of any samples that are not altered or consumed by laboratory Intertek rrigyj IEXHIBIT "A" Page 3 of 5 IEXHIBIT "A" I Page 4 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 testing will be retained for 60 days after the issuance of the geotechnical report and will then be discarded. Engineering Analyses and Report The results of the field exploration and laboratory testing will be used in the engineering analysis and in the formulation of the recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a written geotechnical report. PSI understands a separate geotechnical report for each of the five (5) Districts included in the rebuild program is requested. The geotechnical reports will include the following items: A review of surface topographical features, geologic features, and site conditions; Boring location plan and boring logs with laboratory test results of subsurface materials encountered; Discussion of potential soil movements associated with shrinking and swelling soils at the site and methods to reduce these movements to more tolerable levels for the proposed construction; • Site preparation recommendations for the recommended street rehabilitation or, if necessary, street reconstruction; • Recommendations for the rehabilitation and/or reconstruction of the existing distressed pavements. As requested, one hard copy of the geotechnical report, and one electronic copy on CD or flash drive, will be prepared and submitted to the Client. If requested by the Client, additional hard and electronic copies can be provided. Each geotechnical report will be reviewed, signed, and sealed by a registered Professional Engineer. SCHEDULE Due to the project schedule for Delivery Order releases, PSI understands the final reports will be required to be completed with the following order and due dates: 1. Districts 2 and 5: November 27th; 2. District 3: December 15t; 3. District 1: January 12th; 4. District 4: January 26th. Based on the site accessibility, drilling can typically commence within approximately one week after receipt of authorization to proceed, weather permitting, and the clearing of underground utilities within the vicinity of the proposed borings is completed. PSI anticipates about 2 to 3 days of drilling time for each District. PSI can consult with the engineering consultants as field and laboratory test results become available and provide preliminary recommendations as required to assist in design. Delays sometime occur due to adverse weather, utility clearance requirements, site clearing requirements for drill rig access, obtaining drilling permits, obtaining Right of Entries and other factors Intertek ;MJ' Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 outside of PSI's control. In this event, PSI will communicate the nature of the delay and provide a revised schedule, if needed, as soon as possible. FEE PSI proposes that the fee for performance of the outlined scope of services be charged on a unit rate basis based upon the attached Estimated Fee Breakdown. Based on the scope of services outlined above, the estimated total fee will be $56,112.00. The estimated fee is based on the boring locations being accessible to truck mounted drilling equipment and the Client providing permission for PSI to enter and access the site. It should be noted that fees associated with locating private underground utilities, reviewing construction drawings, preparing construction specifications, attending special conferences, providing environmental consulting, and any other work requested after submittal of the report is not included in the proposed fee. AUTHORIZATION PSI will proceed with the work upon issuance by the City of Corpus Christi of the Notice To Proceed (NTP). CLOSING We appreciate the opportunity to offer professional services for this project and looks forward to being part of the design team. If there are any questions, please feel free to contact our PSI office. Respectfully submitted, Professional Service Industries, Inc. Hen , alindo, P.E. Branch Manager Dexter Bacon, P.E. Chief Engineer 11211 psi IEXHIBIT 1 Page 5 of 5 EXHIBIT B 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 Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 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: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; [EXHIBIT "B" Page 1 of 6 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. 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 the same or similar conditions. 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 ("lndemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend lndemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court IEXHIBIT "B" Page 2 of 6 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 furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended EXHIBIT "B" I Page 3 of 6 IEXHIBIT "B" I Page 4 of 6 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 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 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 workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is domiciled in Texas) Employer's Liability not Statutory $500,000 /$500,000 /$500,000 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 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 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 workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 https://www.ethics.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:/lwww.cctexas.com/government/city-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. 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. IEXHIBIT "B" Page 5 of 6 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 Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees m si_ 0 Ea --I 21 8 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/0112017 Total Current Previous Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% Notes: if needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance 17112 as amended,, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Professional Service Industries, Inc. P. O. BOX: STREET ADDRESS: 810 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 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) 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 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 Committee Board, Commission or 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. Certifying Person: Henry Galindo, P.E. (Type or Prig Signature of Certifying Person: itle: DEFINITIONS Branch Manager Date: 1?7-2oi7 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." "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. g. 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 parte. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-267842 Date Filed: 10/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Professional Service Industries, Inc. 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. E17019 Geotechnical Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Grigsby, Michael Houston, TX United States X Andrews, Todd Arlington Heights, IL United States X Dayton, Doug Arlington Heights, IL United States X Tiemann, Gregg Arlington Heights, IL United States X Campbell, Gavin Arlington Heights, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT !swear, or affirm, under per - ty of perjury, that the above disclosure is true and correct AFFIX Sworn 20. REYNA R4DRIGUEZ Notary ID • 124230215 lip i f My Commission Expires ° ''�7a.•'' July 19.:0 Si natur . utharized a ent of contracting business entity NOTARY STAMPI SEAL ABOVE /�s meq` ��r– ter to and subscribed before me, by the said Altarf (441, r1 a this the — 4 day of D Chr_ ( J , to certify which, witness my hand and seal of office. Signature of officer a' roistering 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 3337 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: 11/7/2017 Legistar Number: 17-1082 Agenda Item: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667 for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP) Project. Amount Required: $ 608,878 Fund Name Accounting Unit AcNount Activity No. Amount Street GO BOND 2016 3554-051 550950 E17019 -01 -3554 -EXP $552,667 Street GO BOND 2016 3554-051 550920 E17019 -01 -3554 -EXP 56,211 Total $608,878 ❑ Certification Not Required Director of Financial Services Date: , 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 11, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract O.N. Stevens Water Treatment Plant Maintenance Building (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the O.N. Stevens Water Treatment Plant (ONSWTP) Maintenance Building for Total Base Bid. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: CIP Description: The City initiated ONSWTP Raw Water Influent Improvements project to eliminate all hydraulic constrictions in front-end piping and increase water treatment capacity. The existing maintenance building blocks the headworks improvements at the plant. In addition, it cannot meet requirements of mechanical, instrumentation and electrical needs in operations and maintenance. A new ONSWTP Maintenance Building will include three work shops, offices, and workstations to accommodate approximately twenty staff. A shared overhead traveling bridge crane will be available for two shops to handle work items up to five tons. Project Scope: The location of existing maintenance building at the ONSWTP conflicts with the proposed raw water improvements project. Based on the difficulty of de -conflicting the needed raw water piping improvements with the existing building location, the decision was made to abandon the existing building and reconstruct it in a better location. The new building will also be better able to support the electrical, mechanical and instrumentation maintenance mission. This scope of work includes construction of an 8,400 square -foot metal maintenance building with three shops, space to accommodate 20 workers, overhead doors to accommodate large equipment, an overhead bridge crane, site work, grading, paved parking and laydown areas. On September 13, 2017, the City received a proposal from one (1) bidder. That bid was responsive and within the Engineer's Estimate. CONTRACTOR BASE BID Pepper Lawson Waterworks, LLC The Woodlands, Texas 1,662,390 Engineer's Opinion of Probable Construction Cost 1,836,300 The City's Engineer, Freese and Nichols, Inc., analyzed the sole proposal. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is Pepper Lawson Waterworks, LLC. Based on a review of Pepper Lawson Waterworks' experience and resources from the information they submitted in accordance with the contract documents, Pepper Lawson Waterworks is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: Following the City's standard procurement procedure for construction services, construction documents were posted on the CivCast website for one-month public advertisement. During this time, Freese and Nichols, Inc., contacted several general contractors soliciting participation on this project, six contractors attended the pre-bid meeting. A total of ten general contractors and dozens of subcontractors/manufacturers were registered as plan holders on the CivCast project portal (plan holders attached). In spite of the pre-bid interest, the City only received one construction bid from Pepper Lawson Waterworks, LLC. Pepper Lawson is the contractor currently working on City's ONSWTP High Service Pump Building No.3 (HSPB#3) project. That fact probably limited the number of bids received. Other contractors were aware that the existing HSPB#3 contractor was bidding and would probably have an advantage by already being mobilized on site. The construction market is also experiencing high demand, and most contractors have a significant backlog. After bid opening, City staff and the Consultant Engineer analyzed the construction proposal and deemed this bid is beneficial for the City based on the following evidence: • The bidder is a reputable water treatment facility contractor and is working on another ONSWTP project; • The bid was approximately $175,000 lower than the Engineer's Opinion of Probable Construction Cost (OPCC); • This bid is a reasonable cost for the construction with the building construction elements averaging $131/square foot (SF). This project is in the critical path to proceed with ONSWTP Raw Water Influent and Chemical Feed System Improvements project which are intended to improve water quality and treatment capacity of ONSWTP. Re -bidding the project is not likely to produce more bidders or lower bids but will require additional administrative and professional service costs. The Engineering Department and the Utility Department are, therefore, recommending award of the ONSWTP Maintenance Building construction contract to Pepper Lawson Waterworks, LLC. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 2,400,000 2,400,000 Encumbered / Expended Amount This Item 1,662,390 1,662,390 Future Anticipated Expenditures This Project 406,239 406,239 BALANCE 331,371 331,371 Fund(s): Water CIP #6 Comments: This project requires approximately 225 days for construction with anticipated completion in August 2018. This construction contract will result in the expenditure of an amount not to exceed $1,662,390. RECOMMENDATION: City Staff recommends approval of a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the ONSWTP Maintenance Building for Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation Plan Holders List PROJECT BUDGET ESTIMATE O.N. STEVENS WATER TREATMENT PLANT MAINTENANCE BUILDING FUNDS AVAILABLE: Water CIP $2,400,000 TOTAL FUNDS AVAILABLE $2,400,000 FUNDS REQUIRED: Construction and Contingency' 1,828,629 Construction (Pepper Lawson Waterworks, LLC) THIS CONTRACT 1,662,390 Contingency 10% 166,239 Construction Inspection and Testing 119,000 Construction Inspection Estimate 84,000 Construction Materials Testing Estimate 35,000 Reimbursements' 121,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 48,000 Engineering Services (Project Mgmt/Constr Mgmt) 72,000 Misc 1,000 TOTAL $2,068,629 ESTIMATED PROJECT BUDGET BALANCE $331,371 This contract was designed under another project. The construction of the maintenance building was pulled out as a separate project due to necessary construction sequencing of all planned work. PROJECT LOCATION NUECES RIVER SCALE: N.T.S. CH CORPUS CHRISTI INTERNATIONAL AIRPORT d to 665 43 _LOCATION MAP -2444 NOT TO SCALE Project Number: E16427 O.N. Stevens Water Treatment Plant Maintenance Building CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war 1 •:. _1` 4.i .r l,A Engin+ erinkj O.N. Stevens Water Treatment Plant Maintenance Building Council Presentation October 31, 2017 ONSWTP Raw Water Influent Cost Items Existing raw water infrastructure demolition Site Piping and electrical work Raw water metering structure Raw water junction structure CL2 and LAS pumped diffusion flash mix and splitter structure Plant 1 pump diffusion flash mix and metering vault Plant 2 pump diffusion flash mix and metering vault Mobilization (5%) OH$P (15%) Contingency (20%) Total (Estimate) Engineer's Estimate ($) $860,000 $5,730,000 $1,100,000 $1,160,000 $1,645,000 $1,080,000 $1,080,000 $633,000 $1,900,000 $2,200,000 $17,388,000 * Demolition of Maintenance building is included with estimation $45,000 ONSWTP Chemical Feed Cost Analysis Corpus CYrr sti Engineering Items Existing chemical feed infrastructure demolition Site Piping and electrical work West chemical storage East chemical storage Plant 1 rapid mix and sedimentation Plant 2 rapid mix and sedimentation C12 and LAS flash mix pumped diffusion Mobilization (5%) OH$P (15%) Contingency (20%) Total (Estimate) Engineer's Estimate ($) $32,500 $4,016,000 $1,653,000 $592,000 $465,000 $465,000 $230,000 $373,000 $1,190,000 $1,490,000 $10,506,500 Why this project is needed Corpus Chr sti Engineering \ \ j \ \ Proposed Raw Water Influent Lines \ 4� \ AEP Utility Easement SCALE: N.T.S. Primary Seamen a 1OR Basins EXISTING MAINTENANCE BUILDING Pre -Sedimentation Basin Proposed Raw Water Influent Metering Station Proposed Raw Water Junction Structure Primary Sedrmentatio Basins Proposed Chemical Feeding/Mixing and Splitter Structure \ \ • Blocks pipe routing for ONSWTP Raw Water Capacity/Quality Improvements projects • In the midst of chemical feed tanks and near chlorine delivery area (TCEQ and Safety issues) Existing Maintenance Facility Corpus Chr sti Engineering • A modified shell installed in 1990's • No lift equipment for large repairs/maintenance • Inadequate work space for 20 FTEs Existing Maintenance Facility (Cont.) Engineering • Unable to carry out repairs and maintenance of large parts • External contactors for moving heavy equipment Project Highlights Cor pus Chr sti Engineering O.N. STEVENS ►NATER TREATMENT PLANT MAINTENANCE BUILDING (PROPOSED LOCATION) New maintenance building • Pre-engineered metal building (8,400 SF), one-story • 20 staff working area • Two -ton bridge crane • Three workshops • Part storage/warehouse • Concrete foundation • Windstorm certification • Emergency vehicle access • Site work Construction Bid Cost Corpus CF r sti Engineering Items Mobilization (bonds, insurance, traffic control, Storm water pollution protection, etc.) Site improvements Water line improvements Wastewater line improvements Gas line improvements Electrical conduit for future I.T Maintenance building Allowance Total Cost ($) $99,155 $304,650 $17,676 $23,233 $6,915 $30,825 $1,104,936 $75,000 $1,662,390 Unit price ($/SF) $11.80 $36.27 $2.10 $2.77 $0.82 $3.67 $131.54 $8.93 $197.90 • $175,000 lower than the Engineer's Estimate (OPCC) • $75,000 allowance accounts for unexpected conditions, may not be needed. Construction Bid Corpus Chr Sti Engineering Reasons for one bid received: • Existing contractor has cost-saving advantages as already working on site • Construction market booming Re -Bid will result in: • Mobilization $125,000 • More expenditures in consulting fee, administrative fees of construction bids, and construction delay Recommend: Award to current bidder is in best interest of the City 9 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: 2017-264434 Date Filed: 09/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pepper Lawson Waterworks, LLC The Woodlands, 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. The 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. E16427 O.N. Stevens WTP Maintenance Building 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cadagua US, LLC Austin, TX United States X Webber, LLC The Woodlands, TX United States X 5 Check only if there is NO Interested Party. . 6 AFFIDAVIT I swear, or affirm, unI -; penalty of perjury, that the above disclosure is true and correct. I I eat Notary ID #1131029938 %a My Commission Expires `'*+*9 March 3,2021 j I Emilio Losez Pace i Sig !tore of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said Emilio Lopez Pacetti , this the 22nd day of September, 20 17 , to certify which, witness my hand and seal of office. Anna E. Heule Estimating Coordinator/Notary Signature of o ice 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 V1.0.3337 En FREESE IIIICHOLS 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 September 20, 2017 Jeffery Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: O.N. Stevens WTP Maintenance Building City Project No. E16427 Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com The City of Corpus Christi received a sealed bid proposal for the above referenced project on September 13, 2016 at 2:00 p.m. at the City Secretary's office. Attached is a tabulation of this bid proposal. One (1) sealed bid was received for this construction project. The bid proposal was properly executed and submitted in compliance with the bidding requirements for this project. No irregularities were noted in the bid. The bid breakdown for the bid is shown on the attached Tabulation of Bid(s), and the Base Bid is summarized below: Bidder Pepper Lawson Waterworks Total Base Bid $1,587,390.00 There was an allowance of $75,000 on the job for all bidders for unanticipated repairs. There are no Additive Alternates on this project. Total Base Bid plus Allowance Pepper Lawson Waterworks S1,662,390 The Engineer's Opinion of Probable Construction Cost for this project, including the allowance, was $1,836,300. Pepper Lawson Waterworks is the apparent low bidder for this project based on Total Base Bid or Total Base Bid plus Allowance. Based on the City's evaluation criteria for this project, Pepper Lawson Waterworks is the lowest qualified Bidder, and their Total Amount Bid is within the City's construction budget. Therefore, FNI recommends that the City award the construction contract for O.N. Stevens WTP Maintenance Building (City Project No. E16427) to Pepper Lawson Waterworks. of The Woodlands, Texas in the amount of $1,662,390.00 for the scope of work including the base bid plus allowance at this time. The allowance will only be utilized at the City's discretion. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. ...OF TF�1• ..•. s(20(Zo17 . •; * # BRIAN D. BRESLER % E16427 O.N. Stevens Water Treatment Plant Maintenance Building Company Industrial Solutions, Inc Associated Construction Partners Ltd Barcom Construction, Inc. Jericho Inc SafeNet Services, LLC Pepper Lawson Waterworks 1 a Division of Webber JE Construction Services, LLC PPD&C, LLC Progressive Structures HASEN Construction Services Texas Reexcavation LC Professional Application Services, Inc. Large & Sons Foundation Drilling T & G Services - Field Division Hub City doors Highway Barricades and Sevices LLC Integrated Corrosion Delta Rigging and Tools Altus Traffic USA Garland Heating and Air Conditioning Sixense, Inc TOM WRIGHT CONSTRUCTION,LLC Safety First Traffic Solutions The Turner Co. FERGUSON PLANT DIVISION Benningfield Steel Fabrication, LLC CMC Rebar Waukesha -Pearce Industries Process Solutions Southern Crushed Concrete Southern Crushed Concrete King Fabrication, LLC Seguin Fabricators, Misc Metals Fabricator SolkaNavaTorno, LLC Carl Crull, P.E. Freese and Nichols Freese and Nichols, Inc. Halff Associates, Inc. Martinez, Guy & Maybik Freese and Nichols, Inc. City of Corpus Christi Armorock ICP L&R Precast Concrete Work Inc. Deltek JNB Paint Bid Tracker Webber, LLC North America Procurement Council AMTEK Austin Mcgraw-hill Construction Bid Source UT Austin Contractors Register, Inc. Del Mar College PTAC Virtual Builders Exchange ConstructConnect The Blue Book Anchor Sales & Service Garrett Construction Company Safety First Traffic Solutions RS Water Holdings Hydro Ex LLC Chanin Engineering, LLC knape Associates Martin Marietta Mako Contracting Fastco sandblasting and painting Black Castle General Contractor innovative soil solutions Vulcan Materials Company Mickie Service Forterra Pipe & Precast TITAN PIPE & SUPPLY COMPANY, INC. Two Guns Consulting & Construction, LLC Texas Rhino Shield Terrapure Environmental (Environmental Solutions) Rigid Global Buildings System Controls & Instrumentation S Thomas Construction, LLC. American Steel Building Co. Urban Engineering City of Corpus Christi Capital Programs South Texas Steel HAAS -ANDERSON CONSTRUCTION, LTD AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 10, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 William J. Green, Interim Director of Development Services BiIIG@cctexas.com (361) 826-3276 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Professional Services Contract Allison Basin Wastewater Master Plan Update CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $67,450 for the Allison Basin Wastewater Master Plan Update. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract for Allison Basin Wastewater Master Plan Update. BACKGROUND AND FINDINGS: The purpose of the City's Wastewater Master Plan is to ensure the wastewater collection systems are designed to satisfy current and future demands. The northwest portion of the Allison Wastewater Treatment Plant (WWTP) service area has experienced significant growth in recent years. The existing Wastewater Master Plan needs to be updated to account for recent and proposed growth patterns. Development Services and the Water Utilities Department have jointly requested an update to the Wastewater Master Plan in the northwest portion of the Allison basin to allow for the orderly development of the wastewater collection system. The scope of this project is to update land use assumptions and flow projections in the study area. The existing hydraulic model will be utilized to assist in identifying phased collection system improvements, downstream impacts of projected flows, and to develop planning level cost estimates for recommended improvements. The proposed collection system improvements and recommended future implementation plan will then be summarized in a technical memorandum. Development Services will use the technical memorandum to update the existing Wastewater Master Plan. The Master Plan update will be presented to City Council for review and approval in the June 2018 timeframe. Freese and Nichols, Inc. was selected as Consulting Engineer for this project through Request for Qualifications No. 2017-01 for Public Works, Engineering, Planning and Testing Services. ALTERNATIVES: 1. Authorize execution of contract. (Recommended) 2. Do not authorize execution of contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Development Services Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (Wastewater Operating) 78,000 78,000 Encumbered / Expended Amount This Item 67,450 67,450 Future Anticipated Expenditures This Project 4,400 4,400 BALANCE 6,150 6,150 Fund(s): Wastewater Operating Comments: The contract amendment will result in the amount not to exceed $67,450. RECOMMENDATION: City Staff recommends approval of a professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $67,450 for Allison Basin Wastewater Master Plan Update. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Form 1295 (in contract) Presentation PROJECT BUDGET ESTIMATE Allison Basin Wastewater Master Plan Update FUNDS AVAILABLE: Wastewater Operating $78,000 TOTAL FUNDS AVAILABLE $78,000 FUNDS REQUIRED: Professional Services Contract (Freese Nichols) THIS ITEM 67,450 Reimbursements 4,400 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 1,560 Engineering Services (Project Mgmt) 2,340 Misc 500 TOTAL $71,850 ESTIMATED PROJECT BUDGET BALANCE $6,150 PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E17082 Allison Basin Wastewater Master Plan Update CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E17082 ALLISON BASIN WASTEWATER MASTER PLAN UPDATE The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., a Texas corporation, 800 North Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBITS Page 1 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit 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. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Page 2 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $67,450. 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. Page 3 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4,.2Thic service shall be for a period of years beginning on the Effcctivc Datc. The Agreement may be renewed for up to one year renewal-eptionc 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 aR -mss, plus any approved changes. Page 4 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereu nder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 10.2 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Page 8 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 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, Page 10 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE \CONTRACT\CONTRACT.DOC notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.bc.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Govemment 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/govemmentlcity-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 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 Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Cr t0.c.r1 Jeff H. Edmonds, P.E. Date on uzma , P.E. Date Director of Engineering Services Principal 800 N. Shoreline, Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 651-6501 Fax APPROVED AS TO LEGAL FORM rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Project Number E17082 Accounting Unit 4200-33000-042 Account 530000 Activity El 7082 -01 -4200 -EXP Account Category 30000 Fund Name Wastewater Operating Amount $67,450 ICIENGINEERING CATAEXCHANOEUENNIFERBAMSTEWATEFEET71182 ALLISON BASIN WW MASTER PLAN UPDATEICONTRACTICONTRACTDOC Page 11 Rev. 17-9 r-� NICHOLS 10431 Morado Circle, Suite 300 • Austin, Texas 78759 • 512-617-3100 • fax 512-617-3101 September 18, 2017 Mr. Jiangang (Daniel) Deng, P.E. Major Projects Engineer City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469-9277 Innovative approaches Practical results Outstanding service www.freese.com Re: Allison Basin Wastewater Master Plan Update Freese and Nichols Professional Services Proposal Dear Mr. Deng, Freese and Nichols, Inc. (FNI) is pleased to provide our Allison Basin Wastewater Master Plan Update professional services proposal. Project Understanding: Freese and Nichols, Inc. (FNI) understands that the City of Corpus Christi (City) requires an amendment to the Wastewater Master Plan in the northwest portion of the service area in the Allison WWTP Basin. City Planning staff will provide updated Land Use Assumptions for the study area that includes residential population and non-residential acreages. It is assumed that the City's SewerGEMS hydraulic model is a reasonable representation of the existing collection system in the Allison WWTP Basin and that the model will not require significant updates or calibration. The purpose of this Wastewater Master Plan Amendment study is to update the land use assumptions and flow projections in the study area, utilize the hydraulic model to assist with the identification of phased collection system improvements to serve projected flows, and to develop planning level cost estimates for recommended improvements. The assumptions, methodology, and recommendations will be summarized in a technical memorandum. Basic Services: 1. Data Collection and Review: A data request memorandum will be prepared and submitted to the City. FNI will review and analyze available data that is pertinent to the study area. Data requested may include previous Wastewater Master Plan documents, the hydraulic model, historical flow data, and development plans. Exhibit A Page 1 of 3 Page 2 2. Update Wastewater Flow Projections in Study Area: FNI will update the wastewater flow projections for existing, 2025, and buildout conditions in the study area based on updated land use assumptions and selected design criteria (gpcd, peaking factor) from the 2004 Wastewater Master Plan. 3. Conference Call: FNI will conduct a conference call with City staff to review updated land use assumptions and flow projections. FNI will solicit comments on the flow projections and make revisions as needed based on direction from the City. 4. Basin Delineation: FNI will evaluate the study area to determine potential sub -basin boundaries that will allow smaller lift stations or phased improvements that extend further out from the existing collection system. 5. Hydraulic Analysis: FNI will utilize the City's SewerGEMS model to perform hydraulic analysis of the wastewater collection system and its ability to convey projected peak flows. FNI will evaluate the impacts of the updated flow projections on local and downstream conveyance infrastructure. FNI will perform hydraulic modeling for existing, 2025, and buildout peak wet weather flow conditions. 6. Development of Improvement Alternatives: FNI will utilize the hydraulic modeling analysis results to evaluate improvement alternatives to convey projected peak flows. The improvement alternatives will be evaluated with considerations for maximizing existing infrastructure and phasing improvements to defer capital costs. 7. Progress Meeting: FNI will attend a meeting with City staff to discuss the hydraulic analysis and improvement alternatives. FNI will solicit comments on the proposed improvements and make revisions as needed based on direction from the City. 8. Cost Estimates: FNI will update the capital improvements plan (CIP) for the study area and provide planning level cost estimates in 2017 dollars for the proposed improvements. 9. System Mapping: FNI will create an overall map showing the proposed improvements in the study area. Block maps will also be provided using the same template as the current Allison Basin Wastewater Master Plan so that the sheets with revised improvements can be replaced in the current plan. Shapefiles of the proposed improvements will be provided to the City. 10. Technical Memorandum: FNI will develop a technical memorandum (TM) summarizing the assumptions, methodology and findings of the study. FNI will deliver one (1) electronic PDF copy of the TM. Special Services: A. Update Land Use Assumptions in Study Area: Based on development information received, FNI will update the land use assumptions for the service area to be defined by the City. Residential units and commercial acreages for existing, 2025, and buildout conditions will be identified within the service area. B. Stakeholder Meetings: FNI will attend up to three meetings with the Planning and Zoning Committee and/or City Council to discuss the results of the study. FNI will prepare presentations and/or meeting materials as needed. Exhibit A Page 2 of 3 Page 3 Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump -sum fee of Fifty -Three Thousand Nine Hundred Dollars ($53,900). An additional allowance for Special Services to be authorized as needed for a fee not to exceed Thirteen Thousand Five Hundred Fifty Dollars ($13,550) as shown in the table below: Basic Services Fees A. Basic Services $53,900.00 B. Special Services $13,550.00 Total Authorized Fee $67,450.00 Project Schedule: • Deliver Technical Memorandum within three months of City providing Land Use Assumptions for the study area We look forward to working with your team on this project. Please feel free to contact me at 512-617- 3192 if you have any questions. Respectfully, Freese and Nichols, Inc. Stephanie Neises, P.E. Project Manager Ron Guzman, P.E. Vice President/Principal Exhibit A Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Sample form for: Payment Request AE Contract Revised 02/01/17 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General_ DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/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 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Contract for Professional Services Exhibit C Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C H,7■ City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BYLI'I 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: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 8 ZIP: 78401 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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2, 2$, l.\ 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: 2017-260510 Date Filed: 09/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. 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. Allison WW Provide Professional Engineering services as requested by the City of Corpus Christi relating to the Allison Basin Wastewater Master Plan Update project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Cole, Scott Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X New, John San Antonio, TX United States X Taylor, Jeff Houston, TX United States X Milrany, Cindy Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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. tiii:Wik LISA BOGGS • Notary Public, State of Texas „.....-- My Commission Expires 06/25/2019 Signature o uthorized a ent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said O'Y� (i U- _rrIcai1 this the 1 4 day of , 20 11 to certify which, witness my hand and seal of office. ; ' �)�- r Puao t 1 c 1 4 e L I sa :-�o ign a of .fficer ad i ring oath Printed name of officer ra nistering oath Title of officer a ministering oath Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V1.0.3337 1•:.:;:_j_: Engineering Allison Basin Wastewater Master Plan Update Council Presentation October 31, 2017 Project Location Corpus Cr r`sti Engineering N SCALE: N.T.S. ALLISON BASIN WASTEWATER MASTER PLAN UPDATE Project Vicinity Corpus CF r sti Engineering SCALE: N.T.S. Allison Basin Wastewater Master Plan Update - Project Limits Project Scope Corpus Chr Sti Engineering This project includes: • Update land use assumptions and flow projections in study area • Utilize hydraulic model to assist in identifying phased collection system improvements and the downstream impacts • Develop planning level cost estimates for recommended improvements • Prepare technical memorandum summarizing findings Project Schedule Carpus Chr sti Engineering 2017 2018 Nov Dec Jan Feb Mar Project Duration: 3-5 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: October 31, 2017 TO: Margie C. Rose, City Manager FROM: Sylvia Carrillo -Trevino, Assistant City Manager SylviaCa(c�cctexas.com (361) 826-3189 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2(a�cctexas.com (361) 826-3169 Financial Advisor Services for a One -Year Not -to -Exceed Amount of $171,000.00, with Four One-year Options and a Total Potential Multi -Year Not -to -Exceed Amount of $870,000.00 CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with FirstSouthwest, a Division of Hilltop Securities, Inc., Dallas, Texas for financial advisor services for the Finance Department, in accordance with RFP No. 1306, based on the best value proposal. The agreement will be for a not -to -exceed amount of $171,000.00, which will be funded in FY2017-2018 primarily from bond proceeds. The term of the agreement is for one year, with four one year options subject to the sole discretion of the City, with a total potential multi-year not -to -exceed amount of $870,000.00. PURPOSE: The purpose of this agenda item is to execute a contract for financial advisor services to assist the City with financial matters including but not limited to bond sales. BACKGROUND AND FINDINGS: The City has used the same financial advisor for a number of years and a determination was made that a new solicitation should be undertaken to pursue a new contract for these services. In anticipation of a number of bond sales in the near future staff issued the request for proposals (RFP). Seven proposals were received; however, one was deemed nonresponsive. The remaining six 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. Pricing for each firm was then evaluated to determine the pricing scores. The Capital Improvement Program along with an estimated number of consulting hours was used as the basis for applying the pricing from each firm to determine the lowest cost for the City over the life of the contract. The staff recommends awarding a service agreement to FirstSouthwest for the financial advisor services for the City's Finance Department as the highest scoring proposer. ALTERNATIVES: Continue to utilize financial advisors on a per bond sale transaction as is currently being done. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: City Manager's Office and Financial Services Department FINANCIAL IMPACT: ❑Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $ $ Encumbered / Expended Amount $ $ $ This item $ $ $ BALANCE $ $ $ Fund(s): N/A Comments: The funding for this contract will be provided from bond proceeds for the general obligation, revenue and refunding bond sales and by various department budgets for the small consulting service component of the contract. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement RFP Matrix — Financial Advisor Services Municipal Advisor Disclosure Statement RFP No. 1306 - Financial Advisor Services Kim Baker Proposal Evaluation p Samco Capital Markets PFM**7 RBC Capital Markets TKG & Associates FirstSouthwest M.E. Allison & Co. Estrada Hinojosa Investment Bankers Minimum Qualifications Pass FAIL Pass Pass Pass Pass Pass Licensing/Registration Pass Fail *1 Pass Pass Pass Pass Pass Required 5years in Business Pass Pass Pass Pass Pass Pass Pass No outstanding lawsuits/litigation with City during last 5 years Pass Pass Pass *3 Pass Pass Pass Pass No outstanding regulatory issues last 5 years, No outstanding FINRA, SEC issues last 3 years Pass Pass Pass *4 Pass Pass *5 Pass Pass *6 References Provided for firm Pass Fail *2 pass Pass Pass Pass Pass Technical Proposal Technical Proposal (50 points) 44.50 0.00 43.00 44.25 49.25 45.50 47.75 Experience Team Experience Understanding of Project Scope Interview Interview (30 points) 23.50 0.00 28.00 22.00 29.50 23.00 30.00 Experience Team Experience Understanding of Project Scope SUBTOTAL QUALIFICATIONS 68.00 0.00 71.00 66.25 78.75 68.50 77.75 Price Price (20 points) 9.78 0.00 8.89 20.00 17.83 19.34 14.09 Total 77.78 0.00 79.89 86.25 96.58 87.84 91.84 6 *1 - Registration indicated but not provided *2 - References Provided but not on required forms and only 4 provided out of 6 requested *3 - Legal issues not disclosed as required *4 - Regulatory Issues indicated by FINRA see printout non outstanding *5 - Regulatory Issues indicated by FINRA see printout non outstanding *6 - Regulatory Issues indicated by FINRA see printout and proposal non outstanding **7 - Took major exceptions to contract and RFP not allowed at this stage 5 4 1 3 2 SERVICE AGREEMENT NO. 1306 Fiancial Advisor Services THIS Financial Advisor Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and FirstSouthwest, a Division of Hilltop Securities, Inc. ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Financial Advisor Services in response to Request for Bid/Proposal No. 1306 ("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 Financial Advisor 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 twelve 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 four additional twelve-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 $171,000.00, 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: Constance Sanchez Finance phone: 361.826.3227 Email: ConstanceP@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. (5) 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 X16 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 dose 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 quantifies 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, HCA taxes, unemployment taxes and ail 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: Constance Sanchez Director of Finance Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Fax: 361.826.4376 IF TO CONTRACTOR: FirstSouthwest, a Division of Hilltop Securities, Inc. Attn: Anne Burger Entrekin Regional Managing Director 70 Northeast Loop 410, Suite 710, San Antonio, Texas 78216 Fax: 210.349.7585 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 S of 8 (5) 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 711116 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: A V\o`r Q ( ` Title: vL3 + to c-- Or Date: /Q Zc/ 0.0 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. 1306 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 Financial Advisor Services 1.1. General Requirements The Financial Advisor will assist the City in the management of its debt program and the design and issuance, negotiation and writing of bonds, certificates, tax notes, and other financial instruments as may be required. Financial Advisor Services include, but are not limited to, quantitative analysis, evaluation and presentation of financing options, provisions of timely credit market information, preparation of offering documents, advice and assistance with the issuance, sale and delivery of debt instruments, as well as, attending meetings and the provision of ongoing services after the successful delivery of a debt issuance. 1.2. Scope of Work A. Structure The Financial Advisor is expected to actively participate in, and lend expertise to the financial structuring of the bond issue, in conjunction with City's Bond Counsel and City staff. B. Official Statements The City, from time to time, will consider the utilization of various types of debt including, but not limited to, general obligation bonds, certificates of obligation, tax notes, commercial paper, revenue bonds, conduit financings including, but not limited to, housing, education, healthcare, economic development, and other types of financings which will facilitate the most effective, efficient and most cost effective method of financing projects. The Financial Advisor will be required to perform professional Financial Advisory Services in connection with the pre -sale strategic financial analyses, authorization, on-going quantitative analysis, marketing, preparation of offering documents, issuance, sale and delivery of debt instruments, as well as provide ongoing service after the successful delivery of a debt issue. The Financial Advisor will be required to provide professional services and perform theses duties as determined by the City. The preliminary and final official statements will be prepared by the City's financial advisor and its bond counsel. The City will provide to the Financial Advisor its customary disclosure information and will make every effort to provide the financial advisor with all necessary additional information for the specific financing. It is the duty of the financial advisor to thoroughly review and determine the completeness and accuracy of any material representations set forth in the preliminary and final official statements. The Financial Advisor will be responsible to the City in all aspects for the accuracy and completeness of information provided by such Financial Advisor with respect to such disclosure documents. More specifically the Financial Advisor will be responsible for the following: 1. All duties and services necessary or advisable to facilitate the issuance of bonds and other obligations, 2. Determine the form, size, timing, and method of sale of the issue; 3. Assist in evaluating underwriting proposals and selecting underwriting teams, including the development of a Request for Proposals; 4. Participate in document preparation and assist bond counsel in the coordination of the issue; 5. Prepare information for rating agency presentations, schedule and assist in the presentations, and act as liaison with the agencies, providing information as needed; 6. Coordinate preparation of official statements for each issue, including arranging for printing and mailing to prospective investors; 7. Advise the City concerning the need for credit enhancement and assist in the procurement and negotiation of related agreements 8. Respond to questions or requests for additional information from prospective investors 9. Coordinate bond sale bid openings or electronic bid verifications and recommend acceptance or rejection of bids. Evaluate reception of the bonds relative to the market and other comparable securities 10. Monitor and control fees and expenses incurred in connection with the issuance of bonds, including soliciting bids for the printing of bond offering documents, ratings, trustee and paying agent fees and related services when necessary; 11. Assist in closing details and post -closing duties. Maintain debt service records on all outstanding City of Corpus Christi obligations 12. Monitor and advise the City on refunding opportunities and other financial products that would benefit the City; 13. Evaluate the performance of remarketing agents and credit facilities for commercial paper programs and variable rate demand notes, including rates, fees, and other costs; 14. Provide advice and assistance in complying with disclosure requirements; 15. Provide assistance in the development of alternative financing programs for potential capital projects, including funding available from state and federal programs; 16. Provide assistance in the development of voted bond programs, including working with citizen committees; 17. Evaluate the city's financial policies related to effective administration of the capital program; 18. Advise the City of current issues in the securities industry and financial markets, including the impact of pending legislation at the state and federal levels; 19. Advice regarding the investment of bond proceeds 20. Advise the City in all other matters necessary or incidental to the issuance and administration of debt obligation. 21. The Financial Advisor will not be permitted to underwrite a portion of an issue or program for the City during the term of an engagement as Financial Advisor. 22. Each member of the underwriting syndicate is expected to play an active role in the placement of the obligations. The Financial Advisor will provide a report of the final allotments/placements executed by each member as soon as practical after closing. C. Other Financial Consultation Occasionally the City may need to reach out to the Financial Advisor for other financial advice needed by the City that is not related to the sale of bonds or items outlined in the regular scope of work in the sections above. When this occurs the City staff will identify the work as falling into this "Other Financial Consultation" category and the Financial Advisor will be compensated as outlined on the pricing sheets on a loaded hourly rate basis for this service. Attachment B - Schedule of Pricing iso - DATE: Sept. ) 19, CITY OF CORPUS Pricing Form PURCHASING DIVISION RFP No. 1306 Financial Advisor 2017 CHRISTI Services PAGE 1 OF 1 FirstSouthwest, a Division of Hilltop Securities Inc. \ /t1LZ4, PROPOSER AUTHORIZED SIGNATURE Vickie Hall Vice President 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION Value of Bond Value of Bond Price/Percentage $0 $1,000,000 515,000 Fiat ,$1,000,001 $5,000,000 0.43% - not less than 815,000 55.000.001 $10,000,000 0.315% up to 531,500 Issuance of bonds backed by $10,000,001 $25,000,000 0.18%upto545,000 1 the full faith and credit of the $25,000,001 $50,000,000 0.13%upto 565,000 City $50,000,001 $100,000,000 0.10% up to 5100,000 $100,000,001 $200,000,000 0.073% up to 5145,000 $200,000,001 $300,000,000 0-065% up to 5105,000 $300,000,001 Anything over 3200,000 capped 2 Issuance of revenue bonds Fee schedule above + 20% 3 Issuance of refunding bonds Above tee schedule 10i Loaded Hourly Rate 4 Other Financial Consultation 5225 *Expressed as a percent of par. 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'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/$500,0001$50 0,000 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) 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. 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 Contractors 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 Tess 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. 2017 Insurance Requirements Purchasing Financial Advisor Services 05/15/2017 sw Risk Management Attachment D - Warranty (No warranties are required under this contract therefore Section 8. Warranty in the contract is hereby null and void) 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 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-273274 Date Filed: 10/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. FirstSouthwest, a Division of Hilltop Securities Inc. Dallas, 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. RFP 1306-FA-2017 Financial Advisory Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Feinberg , Hill A Dallas, TX United States X Peterson, Robert W Dallas, TX United States X Muschalek, John R Dallas, TX United States X Edge , J Michael Dallas, TX United States X Leventhal, Laura Dallas, TX United States X Marz, Michael J Dallas, TX United States X Medanich, David K Dallas, TX United States X Alexander, Laura Dallas, TX United States X Hilltop Securities Holdings LLC Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT c I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. pati* ' r;\ KELLY BRAGG ,,,., ;� My Notary ID # 125389726 +,t .{• Expires September 26, 2626 Signature of authorized agent of contracting business entity 1 , I �1 f � 1 L�—� a-YY1 5 ,this the �, 1 � h day 01 (WI /),G-Ir". , AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, bythe said t , to certify which, witness my hand b Y �a and seal of office. 1�'1I i1 � ! 4/gglAr -q YC.� Iji/ igna re of officer administering oath Printed name oLdikfficer atimarsta ing oath Title of offirir administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the taw by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received II Name of vendor who has a business relationship with focal governmental entity. FirstSouthwest, a Division of Hilltop Securities Inc. 11 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) .11 Name of local government officer about whore the information is being disclosed. Not Applicable Name of Officer Describe officer, Complete CIQ each employment or other business relationship with the local government officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with subparts A and B for each employment or business relationship described. Attach as necessary. A. Is the local government officer or a family member of the officer receiving or likely other than investment income, from the vendor? or a family member of the the local government officer. additional pages to this Form to receive taxable income, income, from or at the direction is not received from the . Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment of the local government officer or a family member of the officer AND the taxable income local governmental entity? Yes ri No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Not Applicable of the officer one or more gifts r Check this box if the vendor has given the local government officer or a family member as described in Section 176.003(a)(2)(B), excluding described in Section 176.003(a-1). gifts 2j Firs. thwest, a i lslorl of Hilltop Securities Inc. By 4j�- t /o /7,�2L I7 Sign/ re of 3 ndor doing business with the governmental entity i]�le Form provided by Texas Ethics Commission www. ethics .state .tx_us Revised 11;3012015 411PFirstSouthwest A Division of Hilltop Securities_ MUNICIPAL ADVISOR DISCLOSURE STATEMENT This disclosure statement (the "Conflict Disclosures") is provided by FirstSouthwest, a Division of Hilltop Securities Inc. ("the Firm") to you (the "Client") in connection with our current municipal advisory agreement, ("the Agreement"). These Conflict Disclosures provide information regarding conflicts of interest and legal or disciplinary events of the Firm that are required to be disclosed to the Client pursuant to MSRB Rule G -42(b) and (c)(ii). PART A — Disclosures of Conflicts of Interest MSRB Rule G-42 requires that municipal advisors provide to their clients disclosures relating to any actual or potential material conflicts of interest, including certain categories of potential conflicts of interest identified in Rule G-42, if applicable. Material Conflicts of Interest — The Firm makes the disclosures set forth below with respect to material conflicts of interest in connection with the Scope of Services under the Agreement with the Firm, together with explanations of how the Firm addresses or intends to manage or mitigate each conflict. General Mitigations — As general mitigations of the Firm's conflicts, with respect to all of the conflicts disclosed below, the Firm mitigates such conflicts through its adherence to its fiduciary duty to Client, which includes a duty of loyalty to Client in performing all municipal advisory activities for Client. This duty of loyalty obligates the Firm to deal honestly and with the utmost good faith with Client and to act in Client's best interests without regard to the Firm's financial or other interests. In addition, because the Firm is a broker-dealer with significant capital due to the nature of its overall business, the success and profitability of the Firm is not dependent on maximizing short-term revenue generated from individualized recommendations to its clients but instead is dependent on long-term profitability built on a foundation of integrity, quality of service and strict adherence to its fiduciary duty. Furthermore, the Firm's municipal advisory supervisory structure, leveraging our long-standing and comprehensive broker-dealer supervisory processes and practices, provides strong safeguards against individual representatives of the Firn potentially departing from their regulatory duties due to personal interests. The disclosures below describe, as applicable, any additional mitigations that may be relevant with respect to any specific conflict disclosed below. I. Affiliate Conflict. The Firm, directly and through affiliated companies, provides or may provide services/advice/products to or on behalf of clients that are related to the Firm's advisory activities within the Scope of Services outlined in the Agreement. First Southwest Asset Management (FSAM), a SEC - registered affiliate of the Firth, provides post issuance services including arbitrage rebate and treasury management. The Firm's arbitrage team verifies rebate and yield restrictions on the investments of bond proceeds on behalf of clients in order to meet IRS restrictions. The treasury management division performs portfolio management/advisor services on behalf of public sector clients. The Firut, through affiliate First Southwest Advisory, provides a multi-employer trust tailor-made for public entities which allows them to prefund Other Post -Employment Benefit liabilities. The Finn has a structured products desk that provides advice to help clients mitigate risk though investment management, debt management and commodity price risk management products. These products consist of but are not limited to swaps (interest rate, currency, commodity), options, repos, escrow structuring and other securities. Continuing Disclosure services provided by the Firm work with issuers to assist them in meeting disclosure requirements set forth in SEC rule 15c2-12. Services include but are not limited to ongoing maintenance of issuer compliance, automatic tracking of issuer's annual filings and public notification of material events. The Firm administers two government investment pools for Texas governments; the Short-Teim Asset Reserve Fund (TexSTAR) and the Local Government Investment Cooperative (LOGIC). These programs offer Texas government entities investment options for their cash management programs based on the entities specific needs. The Finn and the aforementioned affiliate's business with a client could create an incentive for the Firm to recommend to a client a course of action designed to increase the level of a client's business activities with the affiliates or to recommend against a course of action that would reduce or eliminate a client's business activities with the affiliates. Furthermore, this potential conflict is mitigated by the fact that the Firm and affiliates are subject to their own comprehensive regulatory regime as a member of multiple self-regulatory organizations in which compliance is verified by not only internal tests but annual external examinations. IL Other Municipal Advisor or Underwriting Relationships. The Firm serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of Client. For example, the Firm serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to Client. These other clients may, from time to time and depending on the specific circumstances, have competing interests, such as accessing the new issue market with the most advantageous timing and with limited competition at the time of the offering. In acting in the interests of its various clients, the Firm could potentially face a conflict of interest arising from these competing client interests. In other cases, as a broker-dealer that engages in underwritings of new issuances of municipal securities by other municipal entities, the interests of the Firm to achieve a successful and profitable underwriting for its municipal entity underwriting clients could potentially constitute a conflict of interest if, as in the example above, the municipal entities that the Firm serves as underwriter or municipal advisor have competing interests in seeking to access the new issue market with the most advantageous timing and with limited competition at the time of the offering. None of these other engagements or relationships would impair the Firm's ability to fulfill its regulatory duties to Client. III. Secondary Market Transactions in Client's Securities. The Finn, in connection with its sales and trading activities, may take a principal position in securities, including securities of Client, and therefore the Firm could have interests in conflict with those of Client with respect to the value of Client's securities while held in inventory and the levels of mark-up or mark-down that may be available in connection with purchases and sales thereof. In particular, the Firm or its affiliates may submit orders for and acquire Client's securities issued in an Issue under the Agreement from members of the underwriting syndicate, either for its own account or for the accounts of its customers. This activity may result in a conflict of interest with Client in that it could create the incentive for the Film to make recommendations to Client that could result in more advantageous pricing of Client's bond in the marketplace. Any such conflict is mitigated by means of such activities being engaged in on customary terms through units of the Firm that operate independently from the Firm's municipal advisory business, thereby reducing the likelihood that such investment activities would have an impact on the services provided by the Firm to Client under this Agreement. IV. Broker -Dealer and Investment Advisory Business. The Finn is dually registered as a broker- dealer and an investment advisor that engages in a broad range of securities -related activities to service its clients, in addition to serving as a municipal advisor or underwriter. Such securities -related activities, which may include but are not lirnited to the buying and selling of new issue and outstanding securities and investment advice in connection with such securities, including securities of Client, may be undertaken on behalf of, or as counterparty to, Client, personnel of Client, and current or potential investors in the securities of Client. These other clients may, from time to time and depending on the specific circumstances, have interests in conflict with those of Client, such as when their buying or selling of Client's securities may have an adverse effect on the market for Client's securities, and the interests of such other clients could create the incentive for the Firm to make recommendations to Client that could result in more advantageous pricing for the other clients. Furtheuuore, any potential conflict arising from the firm effecting or otherwise assisting such other clients in connection with such transactions is mitigated by means of such activities being engaged in on customary terms through units of the Firm that operate independently from the Finn's municipal advisory business, thereby reducing the likelihood that the interests of such other clients would have an impact on the services provided by the Firm to Client. 2 V. Compensation -Based Conflicts. Fees that are based on the size of the issue are contingent upon the delivery of the Issue. While this form of compensation is customary in the municipal securities market, this may present a conflict because it could create an incentive for the Firm to recommend unnecessary financings or financings that are disadvantageous to Client, or to advise Client to increase the size of the issue. This conflict of interest is mitigated by the general mitigations described above. Fees based on a fixed amount are usually based upon an analysis by Client and the Firm of, among other things, the expected duration and complexity of the transaction and the Scope of Services to be performed by the Firm. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, the Firm may suffer a loss. Thus, the Firm may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest is mitigated by the general mitigations described above. Hourly fees are calculated with, the aggregate amount equaling the number of hours worked by Firm personnel times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if Client and the Firm do not agree on a reasonable maximum amount at the outset of the engagement, because the Firm does not have a financial incentive to recommend alternatives that would result in fewer hours worked. This conflict of interest is mitigated by the general mitigations described above. PART B — Disclosures of Information Regarding Legal Events and Disciplinary History MSRB Rule G-42 requires that municipal advisors provide to their clients certain disclosures of legal or disciplinary events material to its client's evaluation of the municipal advisor or the integrity of the municipal advisor's management or advisory personnel. Accordingly, the Firm sets out below required disclosures and related information in connection with such disclosures. I. Material Legal or Disciplinary Event. The Firm discloses the following legal or disciplinary events that may be material to Client's evaluation of the Firm or the integrity of the Firm's management or advisory personnel: • For related disciplinary actions please refer to the Finn's BrokerCheck webpage. The Firm self-reported violations of SEC Rule 15c2-12: Continuing Disclosure. The Firm settled with the SEC on February 2, 2016. The firn agreed to retain independent consultant and adopt the consultant's finding. Firm paid a fine of $360,000. The Firm settled with the SEC in matters related to violations of MSRB Rules G -23(c), G-17 and SEC rule 15B(c) (1). The Firm disgorged fees of $120,000 received as financial advisor on the deal, paid prejudgment interest of $22,400.00 and a penalty of $50,000.00. The Finn entered into a Settlement Agreement with Rhode Island Commerce Corporation. Under the Settlement Agreement, the firm agreed to pay $16.0 million to settle any and all claims in connection with The Rhode Island Economic Development Corporation Job Creation Guaranty Program Taxable Revenue Bond (38 Studios, LLC Project) Series 2010, including the litigation thereto. The case, filed in 2012, arose out of a failed loan by Rhode 3 Island Economic Development Corporation. The firm's predecessor company, First Southwest Company, LLC, was one of 14 defendants. FirstSouthwest's engagement was limited to advising on the structure, terms, and rating of the underlying bonds. Hilltop settled with no admission of liability or wrongdoing. II. How to Access Form MA and Form MA -I Filings.. The Firm's most recent Form MA and each most recent Form MA -I filed with the SEC are available on the SEC's EDGAR system at Forms MA and MA -I. The SEC permits certain items of information required on Form MA or MA -I to be provided by reference to such required information already filed by the Firms in its capacity as a broker-dealer on Form BD or Form U4 or as an investment adviser on Form ADV, as applicable. Infoiniation provided by the Firm on Form BD or Form U4 is publicly accessible through reports generated by BrokerCheck at http://brokercheck.finra.org/, and the Firm's most recent Folin ADV is publicly accessible at the Investment Adviser Public Disclosure website at http://www.adviserinfo,sec.govl. For purposes of accessing such BrokerCheck reports or Form ADV, click previous hyperlinks. PART C — Future Supplemental Disclosures As required by MSRB Rule G-42, this Municipal Advisor Disclosure Statement may be supplemented or amended, from time to time as needed, to reflect changed circumstances resulting in new conflicts of interest or changes in the conflicts of interest described above, or to provide updated information with regard to any legal or disciplinary events of the Film. The Firm will provide Client with any such supplement or amendment as it becomes available throughout the term of the Agreement. 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 27, 2017 Margie C. Rose, City Manager THRU: Samuel "Keith" Selman, Assistant City Manager KeithSeQcctexas.com 361.826.3898 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361.826.3044 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold a Special Board Meeting of the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: The Board will go into Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. ALTERNATIVES: OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Date: Time: Location: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Tuesday, November 7, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Rudy Garza calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Rudy Garza, President Michael T. Hunter, Vice President Lucy Rubio Paulette Guajardo Debbie Lindsey -Opel Joe A. McComb Ben Molina Greg Smith Carolyn Vaughn Officers Margie C. Rose, General Manager Samuel "Keith" Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. 4. Adjournment AGENDA MEMORANDUM City Council Meeting of October 31, 2017 DATE: October 12, 2017 TO: Margie C. Rose, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q3 2017) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. lain Vasey President/CEO CCREDC 2. 3. BACKGROUND: The CCREDC provides quarterly updates to the Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC i I li 14 carpus Christi REGIONAL ECONOMIC DEVELOPMENTNAN CORPORATION October 31, 2017 Economic Update Iain Vasey 300 23,000 22,700 - 300 34,600 34,900 100 500 Corpus Christi MSA Employment by Sector "41 Corpus Christi REGIONAL tCONOMPC DEVELOPMENT CORPORATION Total Nonagricultural Mining, Logging, & Construction Manufacturing Trade, Transportation, and Utilities Information Financial Activities Professional and Business Services Education and Health Services Leisure and Hospitality Other Services Government Annual Change Aug -17 Jul -17 Aug -16 Aug -15 Aug -14 Aug -13 600 194,600 194,000 189,300 193,500 194,200 187,200 21,500 23,900 26,300 24,100 200 9,100 8,900 8,700 9,400 10,000 9,800 34,400 35,800 35,800 34,000 0 1,800 1,800 1,900 2,100 2,100 2,100 - 100 8,100 8,200 7,600 8,500 8,500 7,900 18,000 32,400 17,900 31,900 16,500 31,500 17,200 298,700 16,300 29,600 15,600 29,700 - 200 27,100 27,300 27,100 27,000 26,000 24,800 - 100 7,400 7,500 7,300 8,100 8,300 7,800 200 33,100 32,900 32,800 31,700 31,300 31,400 YTD EDC Goals and Results ;CrCorpus Christi NANDEVELOPMENT CORPORATION Proiect Wins: ExxonMobil/SABIC: Plastics Facility, 636 jobs, $90,000 average wage, $9.5 B investment Corpus Christi ETJ Envirotech Carriers: medical waste facility, 20 new jobs, $50,000 average wage, $500k investment SWC Group: call center, 75 jobs, $24,000 average wage, $1 million investment Permico Energia, fractionation plant, and NGL pipeline network, 100 jobs Activities: • Prospect Visits this Quarter: 6 (3 locally and 3 in Taiwan) • Upcoming site visits: 2 • Upcoming recruitment missions: 4 • Type A projects in process: 0 Project Pipeline: ✓ YTD: 4 "Wins", 756 Jobs ✓ 2 Class AProjects (high probability) — 30 jobs ✓ 3 Class B Projects (in competitive negotiations) — 4,700 jobs ✓ 19 Class C Projects (early in process/low probability) — 2,070 jobs ✓ 24 Total projects representing a potential of $ 26.35 B CapEx Key Economic Indicators Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Oil Prices (WTI): Sep 2016 Sep 2017 $45.88/bbl. $51.85/bbl. (WTC www. eia. com) U.S. Rig Count: (www.bakerhuAes.com/ri gcount) Sep 2014 Sep 2015 Sep 2016 Sep 2017 Unemployment: Aug 2016 Aug 2017 1,931 838 522 940 6.2% 5.8% Natural Gas Prices: $2.82 mm btu $2.90 mm btu (Henry Hub www.eia.gov) Eagle Ford Shale Rig Count: (www. EagleFordShale.com) Sep 2014 Sep 2015 Sep 2016 Sep 2017 Employment: Aug 2016 Aug 2017 207 85 36 68 189,300 194,600 Business Retention/Expansion 1114 Corpus Christi 3 2017 REGIONALECONOMIC Q REGIONAL DEVELOPMENT CORPORATION BRE Visits YTD — 95 (fiscal year Aug. l ) 41% Business Growth or Sales Increase 86% Positive Business Climate 49% Infrastructure (i.e. Roads) 31% Labor Supply Inadequate 36% Challenges recruiting skilled labor Ill Corpus Christi kitREGIONAL ECONOMIC DEVELOPMENT CORPORATION TEXAS`" Making the Business Case for Corpus Christi Target Industry Analysis for Corpus Christi Regional Economic Development Corporation Newmark Grubb Knight Frani, Global Corporate Services Target Industries II 1 I 14 CarFus Christi REGIONAL ECONOMIC DEVELOPMENTIR* CORPORATION June 2016 CCREDC completed a Target Industry Analysis that compared us to peer cities and identified skills that are currently in the workforce that would translate into another industry sector. Opposition research, site selector focused. The study came back with four areas of focus: 1. Specialty Steel Production (Electric Arc Furnaces) 2. Shale Oil/Natural Gas/Pipeline Industry/NGL Production 3. Aircraft Manufacturing and Unmanned Aerial Systems 4. Small Business & Entrepreneurship Development Why do Target Business Recruitment 4 Corpus Christi km . REGIONAL ECONOMIC DEVELOPMENT CORPORATION Specialty Steel Production • Large sites available with access to rail and deep water • Availability of raw materials (HBI) and power (natural gas) • Supply chain gap between voestalpine, TPCO, and other steel users in the energy sector Shale Oil / Natural Gas / Pipeline Industry / NGL Production • Closest Port to Eagle Ford Shale & Permian Basin • Home to 5 refineries, plus two ethane producers and two splitter plants • Pipeline infrastructure already in place and more being built • Large sites available with Class I railroads and deep water ports • World scale availability of ethane and other NGL's Why do Target Business RecruitmentR,4m 4 Corpus Christi O REGINAL E✓JhdO DEVELOPMENT EFC NORP8P6RATION Aircraft Manufacturing & Unmanned Aerial Systems a. Labor availability (10,100 specialized, 34,652 translatable) b. Market/supplier proximity c. Transportation network d. Local knowledge e. Utility cost and reliability f. Strong growth forecast (national, state. local) g. Real estate costs Why do Target Business RecruitmentOA rill Corpus Christi REGIONAL ECONOMIC DEVELOPMENTCORPORATION Entrepreneurship & Small Business Development a. Texas A&M University (opened Coastal Bend Innovation Center in 2008) b. Del Mar Small Business Development Center c. Transportation network d. Local knowledge e. Utility cost and reliability f. Real estate availability g. Real estate costs h. Geekdom Concept / Feasibility GEEKDOM rIP, Corpus Christi kmREGIONAL ECONOMIC DEVELOPMENT CORPORATION GEEKDOM STATS 5 1/Ori 5J;)' 8.00O YEARS CURRENT CURRENT COMMUNITY MEETINGS HELD IN OPERATION MEMBERS COMPANIES IN 2016 500- 40' 1. / EVENTS HELD PER YEAR TOURS GIVEN PER MONTH /10,92/1 CUPS OF COFFEE SQUARE FEET OF OFFICE CONSUMED SINCE INCEPTION AND EVENT SPACE GEEKDOM rIP, Corpus Christi 1144 REGIONAL ECONOMIC DEVELOPMENT CORPORATION ECONOMIC IMPACT $74.3 M IN CAPITAL HAS BEEN RAISED BY COMMUNITY COMPANIES OVER A. 5 -YEAR PERIOD OVER THE SAME 5 -YEAR PERIOD, SAN ANTONIO INVESTORS HAVE GIVEN $6.2M `i IN FUNDING TO COMPANIES BASED OUTSIDE OF SAN ANTONIO AND NATIONALLY 0)5 THERE HAVE BEEN 5 COMMUNITY COMPANIES THAT WERE ACQUIRED 12 COMMUNITY COMPANIES HAVE FILED 12 PATENTS $35.7M COMBINED PROJECTED REVENUE GENERATED IN 2016 BY COMMUNITY COMPANIES TOTAL REVENUE RANG'NG FROM LESS THAN %SOK TO MORE THAN 11N ▪ GREATER THAN $1M ▪ 5750K -$1M ▪ 5500K -$750K MI 5250K - $500K ▪ 5150K -$250K ▪ 550K - $150K LESS THAN $50K NANREGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi Questions